The Law of Blasphemy vis-a-vis the Modern World: Violation of Freedom of Speech and Expression

2020 ◽  
Author(s):  
Mohd Rameez Raza ◽  
Shereen Abdin
Keyword(s):  
Freedom Of Speech ◽  
Modern World ◽  
The Law

Introduction

2017 ◽  
Author(s):  
Cécile Laborde ◽  
Aurélia Bardon
Keyword(s):  
Political Philosophy ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
State Sovereignty ◽  
Religious Symbols ◽  
Secular Education ◽  
The Law ◽  
Structural Architecture

There is already an important literature on religion and political philosophy, focusing especially on controversies about religious symbols, freedom of speech, or secular education. The introduction explains the distinctive approach of the volume. Instead of focusing on specific political controversies, the book explores the conceptual, structural architecture of liberal political philosophy itself. The authors distinguish four different themes: the special status of religion in the law; state sovereignty, non-establishment, and neutrality; accommodation and religious freedom; and toleration, conscience, and identity. The chapter explains the particular questions raised in each of these four themes, and briefly presents the twenty-two contributions gathered in the volume.

scholarly journals Illogicality and Roman Law

1972 ◽  
Vol 7 (1) ◽  
pp. 14-24 ◽  
Author(s):  
Alan Watson
Keyword(s):  
South Africa ◽  
International Law ◽  
Western Europe ◽  
Outer Space ◽  
Roman Law ◽  
Modern World ◽  
Legal Systems ◽  
The Moon ◽  
Age Of Reason ◽  
The Law

It is a commonplace that Rome's greatest contribution to the modern world is its law. Whether this is strictly true or not, Roman law is certainly the basis of the law of Western Europe (with the exception of England and Scandinavia), of much of Africa including South Africa, Ethiopia and in general the former colonies of countries in continental Europe, of Quebec and Louisiana, of Japan and Ceylon and so on. Perhaps even more important for the future is that International law is very largely modelled, by analogy, on Roman law. Just think of the perfectly serious arguments of a few years ago as to whether outer space (including the moon and planets) were res nullius or res communes and whether they were, or were not, susceptible of acquisition by occupatio. This persistence of Roman law has had undesirable consequences. First, Roman law as an academic subject has got into the hands of lawyers whose love of technicalities has frightened off classical scholars who tend not to use the legal sources. Secondly, scholars of antiquity, since Roman law is left well alone, have also been reluctant to look at other ancient legal systems. So have lawyers since these other systems have no ‘practical” value. Thirdly, following upon these but worse still, the usefulness of Roman law for later ages, coupled with its enforced isolation from other systems of antiquity, has often led to an exaggerated respect for it, and to its being regarded as well-nigh perfect, immutable, fit for all people. Many in “the Age of Reason” were ready to regard Roman law as “the Law of Reason”.

scholarly journals A THEORY OF AGENCY LAW

2011 ◽  
Vol 72 (3) ◽  
Author(s):  
Paula J Dalley
Keyword(s):  
Cost Benefit ◽  
Modern World ◽  
Unified Theory ◽  
Internalization Theory ◽  
Agency Relationship ◽  
The Third ◽  
The Law ◽  
The Cost ◽  
To Receive

Despite the ubiquity of agents in the modern world, agency law does not have a coherent explanation or unified theory. The Restatement (Third) of Agency updates and attempts to explain the law, but its explanations are limited in scope and at times unpersuasive. Like other contemporary commentary on agency law, the Third Restatement draws from contract and tort theory, an approach which ignores the unique features of agency law. Agency law enables principals to act through agents; it also ensures that principals using agents do not thereby escape liability or other consequences of their choices. This paper develops a theory to fit agency law. The "costbenefit internalization theory" is based on the simple premise that the principal, who has chosen to conduct her business through an agent, must bear the foreseeable consequences of that choice. Conversely, as the bearer of the risks, the principal is entitled to receive the benefits created by the agency relationship. The cost-benefit internalization theory explains and illuminates virtually all agency law doctrine.

On the question about opposition to the information component aggression of the Russian Federation

2021 ◽  
pp. 59-63
Author(s):  
O. Vasylchenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
State Committee ◽  
The State ◽  
Political Rights ◽  
The Media ◽  
The Russian Federation ◽  
The Law

Ukrainian law guarantees freedom of speech and expression. This is in line with international and regional instruments (Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Declaration of Human Rights) to which Ukraine is a party. Unfortunately, Ukraine is no exception, due to the conflict with the Russian Federation. The Revolution of Dignity of 2014 and the subsequent illegal activities of the neighbouring state (annexation of Crimea, occupation of the territories in the South-East of Ukraine) affected the legislative and regulatory framework of Ukraine regarding freedom of speech and freedom of expression. In order to counter aggression, the state has adopted a number of laws aimed at counteracting foreign interference in broadcasting and ensuring Ukraine’s information sovereignty. The implementation of these laws has been criticized for being seen by NGOs as imposing restrictions on freedom of expression and expression. However, censorship and selfcensorship create another serious restriction on freedom of speech and the press. The Law on Transparency of Mass Media Ownership, adopted in 2015, provides for the disclosure of information on the owners of final beneficiaries (controllers), and in their absence – on all owners and members of a broadcasting organization or service provider. In 2019, Ukraine adopted a law on strengthening the role of the Ukrainian language as the state language, which provides for language quotas for the media. According to the Law on Language, only 10% of total film adaptations can be in a language other than Ukrainian. Ukraine has adopted several laws in the field of information management to counter foreign influence and propaganda. According to the report of the Organization for Security and Cooperation in Europe, for the period from January 1, 2017 to February 14, 2018, the State Committee banned 30 books published in the Russian Federation. Thus, for the first time faced with the need to wage an “invisible” war on the information front, Ukraine was forced to take seriously the regulation of the media and the market. By imposing a number of restrictions on a product that can shake sovereignty and increase the authority of the aggressor in the eyes of citizens, the legislator, guided by the needs of society, also contributes to the promotion of Ukrainian (for example, by introducing quotas).

Shielding Members of Parliament Against Court Summons

2021 ◽  
pp. 210-229
Author(s):  
Mark Asante ◽  
Thomas Prehi Botchway
Keyword(s):  
Freedom Of Speech ◽  
Court Decision ◽  
Modern Democracy ◽  
Members Of Parliament ◽  
General Law ◽  
Legal Case ◽  
The Law

Immunities, though part of the law of the land, are to a certain extent an exemption from the general law. Certain rights and immunities such as freedom of speech belong primarily to individual members of parliament and exist because the House cannot perform its functions without unimpeded use of the services of its members. Ostensibly, the degree to which members of parliament are immune from legal inquiry may presumably accord them greater probability to abuse their mandate. In general, a court summons is the beginning of a legal case. It signals the issue that needs to be adjudicated. However, the introduction of immunity invalidates some tenets of modern democracy such as a court summons. The authors seek to examine some of the uncertainties and ambiguities that might have arisen out of the court decision in the case Republic v Mahama Ayariga with much consideration of other cases. The chapter provides a thorough picture of the systems of parliamentary immunity and recommends ways of curbing observed challenges with the practice.

scholarly journals Celebrating the Secular

2013 ◽  
Vol 12 (1) ◽  
pp. 202-206
Author(s):  
Amanda Lohrey
Keyword(s):  
United States ◽  
Liberal Democracy ◽  
Freedom Of Speech ◽  
The United States ◽  
Good Thing ◽  
Individual Autonomy ◽  
Moral Vision ◽  
Freedom Of Conscience ◽  
Thing In Itself ◽  
The Law

On 4 November 2004 I read a report in the Sydney Morning Herald that I found genuinely shocking, a statement by Cardinal George Pell, of the Catholic diocese of Sydney, on what’s wrong with democracy. This report was of a speech given to the Acton Institute for the Study of Religion and Liberty in the United States. In it, Dr Pell told his audience that liberal democracy is a world of ‘empty secularism’ that is over-focused on ‘individual autonomy’. The problem with democracy, said the Cardinal, quoting John Paul II, is that it is not a good thing in itself; its value depends on the moral vision that it serves, and a secular democracy is lacking in moral vision. If democracy is not a good thing in and of itself, then why have we sent troops to Iraq to enable it? And what about the principle of equality before the law? Freedom of conscience? Freedom of speech and of action? Responsibility for community? Sounds like a moral vision to me.

scholarly journals Polska godność narodowa w świetle prawa karnego

2018 ◽  
Vol 70 (1) ◽  
pp. 153-185
Author(s):  
Witold Kulesza
Keyword(s):  
Public History ◽  
Criminal Liability ◽  
Modern World ◽  
Historical Interpretation ◽  
Applicable Law ◽  
20Th Century History ◽  
Current Assessment ◽  
The Law ◽  
Polish Law ◽  
Contemporary Interpretation

Poland is contemporarily the only country in Europe where the law includes criminal liability for publically defaming the nation or for being disrespectful towards it. This makes the national dignity an independent legal interest. Consequently, it seems worthwhile to pay attention to the origins of the regulations which protect this particular legal interest which were introduced into the Polish law in 1932. Moreover, it creates the need for a commentary on the statutory description of the acts which break the law. It also necessitates the portrayal of the issues created on the grounds of the practical application of the sanctionative norms in the modern world. Historical roots are the reason behind the way national dignity is currently perceived and felt. Furthermore, the historical experiences determine the direction of the interpretation of the applicable law which protects the nation’s dignity. To put it in other words, the present-day interpretation of the penalnorms is based on public history and as such it constitutes the historical interpretation which leads to a prescriptive understanding of the semantics of these terms. The aforementioned contemporary interpretation seeks to answer the question what type of behaviour is characterised by the perpetration of “disrespect”. Furthermore, it aims to answer whichacts can be defined as a show of contempt which is equal to “defaming” the Polish nation. Consequently, the objective of the following article is to look at the contemporary law through the historically determined prism of symbolic criminalization of behaviours which attack Polish national dignity as well as to give examples of modern incriminating public statements. The provisions of criminal law which stipulate criminal liability for public defamation and disrespecting the nation have not changed since it was introduced into the Polish law. Despite this fact, the current assessment of behaviour as a violation of the nation’s dignity is influenced by the tragic 20th-century history and its memory as a legal interest. In the course of the study of the specific instances of behaviour which were not anticipated by the pre-war legislator, one needs to attempt to point to the reasons behind preserving their punishability.

scholarly journals Na autorytarnym kursie

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 199-217
Author(s):  
Konrad Kołodziejski
Keyword(s):  
Civil Rights ◽  
Freedom Of Speech ◽  
Economic Situation ◽  
The Internet ◽  
Social Activities ◽  
Complete Elimination ◽  
Public Meetings ◽  
Civic Activity ◽  
Legal Restriction ◽  
The Law

An Authoritarian Course: The Restriction of Civil Rights in Russia after 2012 This article regards the issue of Russian civil rights legislation, which has become very repressive after 2012. It focuses on legal restriction of all political and social activities that are beyond the control of the authorities, in particular the freedom of public meetings. Another goal of the Kremlin's repressive policy is the Internet, which has become the only space for freedom of speech in Russia. The new legislation tries to prevent this by two mechanisms: censorship and self-censorship. The consistent restriction of freedom of speech in Russia proves the growing anxiety of the ruling group, which fears that in the conditions of the deteriorating economic situation, it may lose control over public mood. The analysis of the legislation against civil rights in Russia shows that in recent years the scope of these rights has been constantly reduced. This leads to the conclusion that the main goal of the discussed changes in the law is the complete elimination of independent civic activity perceived as one of the main threats to the authorities.

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