Party Politics and Free Speech in Democratic Athens

1937 ◽  
Vol 7 (19) ◽  
pp. 41-50
Author(s):  
Lionel Pearson
Keyword(s):  
Public Opinion ◽  
Free Speech ◽  
Social System ◽  
Party Politics ◽  
The State ◽  
The Right

One of the privileges which the Athenians prized very highly was parrhesia—the right of free speech. From the foundation of the democracy until the dangers of uncensored speech in the Pelopon-nesian War made some restraint advisable this privilege remained unimpaired, and it is an important part of their political, if not of their social, system. The recognition of this right of free speech should mean that no grievance need remain unspoken, and that politicians could be well informed about the state of public opinion.

The Constitution of Free Speech

Art Attacks ◽  
2018 ◽  
pp. 29-57
Author(s):  
Malvika Maheshwari
Keyword(s):  
Free Speech ◽  
The State ◽  
Public Order ◽  
Master Plan ◽  
Conceptual Foundation ◽  
Constituent Assembly ◽  
The Right

The preliminary chapter outlines the conceptual foundation of India’s free speech regime by focussing on the debates of the Constituent Assembly of India that took place between 1946 and 1949, and traces the development of Article 19 of the Constitution, which guarantees all citizens the right to free speech and expression, albeit with certain ‘reasonable restrictions’ such as public order, decency and morality, and security of the state, among others. While offering a synoptic account of the sundry forms that the right to free speech took as the framers navigated the discrepancies between their imagined ideal and the existent, conflicting reality, the idea is not to uncover some grand master-plan of the Indian democracy from which it has faltered, but to explore how it might lend a fissure to the violent accusations of offending religious, cultural, or national sentiments in contemporary India.

scholarly journals Public and Social Interest in Journalistic Activity

2020 ◽  
pp. 118-126
Author(s):  
Dobrochna Ossowska-Salamonowicz
Keyword(s):  
Public Opinion ◽  
The State ◽  
Freedom Of The Press ◽  
Access To Information ◽  
Political Leaders ◽  
The Right To Privacy ◽  
Public Figures ◽  
The Press ◽  
The Right ◽  
Right Of Access

Freedom of the press is one of the best ways of reflecting and shaping public opinion about the ideas and attitudes of political leaders, public figures or those entrusted with public functions. Freedom of the press is also an opportunity to depict reprehensible phenomena such as corruption, fraud, crime or nepotism. The press may be faced with types of subjects that may cause dilemmas for the journalist. Whose interest should above all be represented: the interest of the society or the state? What is more important: the right to privacy or the right of access to information?

scholarly journals Tubuh Perempuan Dalam Layar Kaca: Perebutan Kuasa Terhadap Tubuh Perempuan Antara Negara, Media dan Pemiliknya

2007 ◽  
Vol 5 (4) ◽  
pp. 465
Author(s):  
Thoriq Nurmadiansyah
Keyword(s):  
Public Opinion ◽  
The State ◽  
Women's Bodies ◽  
Left Behind ◽  
Women's Voice ◽  
Different Types ◽  
The Media ◽  
The Right

This article highlights how the media, especially television, have per, ceived women's bodies. TV has proven itself to be a powerful medium to develop public opinion, including that with regard to women's bodies. TV has propagates many different types of women's bodies: beautiful women, ugly women, nice women with all their characteristics. The State is also interested in controlling women's bodies. This can be seen from the conceptualization of legal draft on pornography that targeted women. Thus media and the state have competed to rule women's bodies as though they are commodity object, whereas women themselves, the right owners of the bodies, are usually left behind in this discourse. The author suggests that women's voice should be listened and considered seriously in this matter, because women are the owners of their bodies.

scholarly journals National institute of family and life advocates (NIFLA) : V. Becerra, or the right to be informed about your own reproductive rights.

Soft Power ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 322-346
Author(s):  
Vitulia Ivone
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Free Speech ◽  
Reproductive Rights ◽  
The State ◽  
Fundamental Issue ◽  
Health Clinics ◽  
The Supreme Court ◽  
History Of ◽  
The Right

The Supreme Court has issued its decision in NIFLA v. Becerra, a 5–4 vote holding that the state of California cannot compel pregnancy-resource centers to advertise for the state’s abortion services. This decision represents a considerable victory for both the right to free speech and the conscience rights of pro-life Americans. The case concerned California’s Reproductive FACT Act, which mandated that both licensed and unlicensed women’s-health clinics (crisis-pregnancy or pregnancy-resource centers) not performing abortions had to provide a pre-written notice to clients. Though the law related specifically to abortion, free speech was the fundamental issue at stake. This paper analyzes the history of abortion in US legislation and the perspective of one of its fundamental civil rights.

The Reconstruction of the Civilization of the West, from Charlemagne (Transitio Imperil) to the Era of the Crusades (and Concordat, 1122).

1881 ◽  
Vol 9 ◽  
pp. 152-173
Author(s):  
W. J. Irons
Keyword(s):  
Roman Empire ◽  
Public Opinion ◽  
Social System ◽  
The State ◽  
Roman Law ◽  
The West ◽  
Personal Freedom ◽  
The Social ◽  
Christian Society

The influence of Christianity on the Roman Empire, and so ultimately on modern Civilization, was immediately felt, as we first observed, in its action on the social system; and eventually in the formation of better public opinion in morals and Religion. The ideas of individual right and personal freedom (absolutely essential to the new faith which had appeared as the teacher of conscience), found their echo, and also in some sense a defined limit, in the advancing Roman Law; but the more active relations of the gradually-formed Christian Society to the State in which it took its mission would, as we saw, be much determined by the course of events, and by the action and development of the State itself.

Courtroom Language and Article 19(1)(a)

2020 ◽  
pp. 227740172091753
Author(s):  
Shrutanjaya Bhardwaj
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
The State ◽  
Indian Constitution ◽  
The Right

Many would agree that the State should try to ensure that the language used in its courtrooms is one that its subjects understand. The question is whether the subjects can claim this as a matter of right—specifically, as part of the right to free speech. Using the philosophical justifications of the freedom of speech, I argue that Article 19(1)(a) of the Indian Constitution assures a right to the litigant to communicate with the court in her own language. Even though the right may be restricted under Article 19(2), or even otherwise if it comes into conflict with another fundamental right, its threshold recognition under Article 19(1)(a) is significant to ensure a disciplined inquiry into the constitutional validity of official courtroom languages.

The Origin of Judicial Litigation among the Greeks

Traditio ◽  
1946 ◽  
Vol 4 ◽  
pp. 31-87 ◽  
Author(s):  
Hans Julius Wolff
Keyword(s):  
Public Opinion ◽  
Public Administration ◽  
Intermediate Stage ◽  
The State ◽  
Legal Institution ◽  
The Public ◽  
Self Help ◽  
Administration Of Justice ◽  
History Of ◽  
The Right

Students of the history of Greek procedure generally hold that public administration of justice originated in a prehistoric habit of settling disputes between individuals by voluntary waiving self-help and resorting to arbitration. This ancient custom is supposed to have been gradually developed into a system under which the parties were denied the right to seek realization of their claims by private force and compelled to submit their cases to authorities designated and empowered to try the claims and hand down binding judgments. Litigants are believed to have been forced by an ever increasing pressure of public opinion, as well as by the growing power of the rulers, to refrain from armed feud and blood-vengeance, and to seek the decision of the princes who by virtue of their social and personal preponderance were predestined to act as arbitrators. After the consolidation of the state, their jurisdiction, according to the prevailing theory, became a legal institution and passed, after the abolishment of the early monarchy, to the aristocratic city magistrates, and later, in the democracies, to the popular courts. As an intermediate stage, the existence of a system of ‘obligatory arbitration’, indirectly enforced by the public disapproval of those not complying with it, has been suggested for the type of society known from Hesiod'sWorks and Days.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

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