Liberdade de Imprensa, Censura e Dominação na Crítica de Max Stirner

Author(s):  
José Manuel Teixeira da Silva ◽  

Freedom of the press is one of the most visible comerstones of a Democratic State, as well as a consensual requisite for it. Nevertheless, for Max Stirner, this gesture of demanding so cherished by political liberalism is the very negation of freedom. Freedom is neither a gift nor a concession or permission granted by the State. Freedom of the press only becomes accessible through conquest and appropriation, becoming the individual ownership as it is claimed by him. Nowadays, everyone in the developed world has at his disposal the force and means to become the owner of the freedom of the press, as Max Stimer stated. More than two centuries after Stimer’s claim, Publishing in the interactive web meets the conditions established by him for a full exercise of the freedom of press.

Author(s):  
Wendell Bird

In the 1780s in America, the advocates of broad understandings of freedom of press and freedom of speech continued to argue, as “Junius Wilkes” did in 1782, that “[i]f a printer is liable to prosecution and restraint, for publishing pieces on public measures, conceived libellous, the liberty of the press is annihilated and ruined. . . . The danger is precisely the same to liberty, in punishing a person after the performance appears to the world, as in preventing its publication in the first instance. The doctrine of libels, is of pernicious consequence to the freedom of the press.” Many other essays in the 1780s showed the dominance of an expansive understanding of freedoms of press and speech, as did the declarations of rights of nine states. That was the context in which the First Amendment was adopted and ratified in 1789–1791. These conclusions about the prevalent and dominant understanding after the mid-1760s are flatly contrary to the narrow view of freedoms of press and speech stated by Blackstone and Mansfield, and restated by the neo-Blackstonians, who claim that the narrow understanding was not only predominant but exclusive through the ratification of the First Amendment and onward until 1798. This book’s conclusions are based on far more original source material than the neo-Blackstonians’ conclusions.


2021 ◽  
Vol 1 (1) ◽  
pp. 56-65
Author(s):  
Fianka Aiza ◽  
Lena Farsia

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.


Author(s):  
Dobrochna Ossowska-Salamonowicz

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?


2005 ◽  
Vol 67 (2) ◽  
pp. 283-310 ◽  
Author(s):  
Ruth Lane

Long an icon of the American cultural tradition, Henry Thoreau has recently been welcomed into political theory as a theorist whose political writings go beyond the essays on resistance to government, and contain ideas deeply important for understanding the American contribution to democratic experience. I extend this new appreciation by showing how Thoreau presents a specific model of self-government, individual self-government, that occurs under the frequently irrelevant roof provided by liberal democratic state institutions. Thoreau's model of self-government imagines women and men who are largely free of, or indifferent to, the state; but fully involved in an everyday experience that is deeply political because it allocates values for the individual. Walden is, in this sense, less an escape from government than it is an escape to it. Thoreau spans the spectrum of political philosophy, from Socrates′ concern with justice in the individual, to Nietzsche's model of the self as a governable community, but Thoreau's work is unique, and distinctively American, in its model of a hard-headed individual self-government based upon an unsentimentalized natural world.


2016 ◽  
Vol 9 (4) ◽  
pp. 523-535
Author(s):  
Isma’il al-Shatti

Arab constitutions, for the most part, specify and guarantee human rights in their wordings. However, the reality of the individual in the Arab nation reveals something quite different from that which is written in the constitutions. The state is charged with providing citizens with sufficient opportunities by granting them the right to participate in political, economic, social and cultural life in addition to rendering the private life and private affairs of individuals inviolable. Arab regimes' commitment to democracy is tenuous and in the main, these regimes preserve reference to democracy in their constitutions simply as a means for improving the image of the regime and as a pro-forma attempt at applying a modus operandi of a modern state. Despite the fact that laws are promulgated to regulate political work, the press and media, and the institutions of civil society, they are deprived of their function and impact through superficial or highly restricted legislation. For more than five decades, academic researches and writings on the obstacles to transitioning to democracy have increased and multiplied; and various ideas and opinions on the subject have been advanced. This article attempts an explanation of the phenomenon of Arab authoritarianism which fostered the crisis of the ‘Arab Spring’ and explores the reasons for the failure of democracy in the region.


2019 ◽  
Vol 72 ◽  
pp. 02011
Author(s):  
Roman Bogatyrev ◽  
Nadezhda Kapustina ◽  
Maya Nachkebiya ◽  
Tatiana Perutskaya

This article discusses the important aspects of the dialogue between the individual and the state in modern times. The importance of interaction between the government and the society in the modern world is one of the most urgent tasks for young researchers and for the society as a whole. Emphasizing the importance of strengthening and developing a democratic state governed by the rule of law, researchers identify a wide range of factors that have a direct impact on the positive and effective development of interaction between the government and the society. One such factor is the model of individual-state dialogue. The study of such a dialogue from an anthropological point of view will make it possible to highlight the most successful models of interaction between the society authorities to create effective management mechanisms that affect both the quality of citizens’ life and the development of the state as a whole in a positive way. For a more detailed study of the models of building a dialogue between the individual and the state, it is necessary to consider the existing examples of interaction and analyze the historical aspects of the relationship between the society and the state. The modern practice of state and municipal governing strives to make the government more transparent and open to citizens, such a policy contributes to the maximum involvement of citizens in the public and political life of the state. The article also deals with the issues of involving citizens in the social and political life of the society; it discusses the motivational measures and the policy of the state in the field of engaging citizens in interaction and establishment of a meaningful, effective dialogue between the society and the state.


2021 ◽  
Vol 69 (2) ◽  
pp. 341-361
Author(s):  
Marko Pavlović

In the article, published on the occasion of the 100th anniversary of the enactment of the St. Vitus Day Constitution, the author deals with one of the key institutes of this document – freedom of the press. Based on discussions in the Constitutional Committee and the plenum of the Constituent Assembly, he concludes that the provisions of the St. Vitus Day Constitution on the press were created by the autocratization of certain provisions of the Constitution of Serbia of 1903. The article especially analyzes the restrictions of the press introduced by the transitional orders of the St. Vitus Day Constitution, through circumventing censorship and incrimination of “religious or tribal discord or hatred against the state”.


Author(s):  
George Sarmento ◽  
Lean Antônio Ferreira de Araújo

A VULNERABILIDADE DO DIREITO À INTIMIDADE NO ESPAÇO DAS FERRAMENTAS TECNOLÓGICAS: MANDADOS CONSTITUCIONAIS DE PROTEÇÃO DO DIREITO FUNDAMENTAL À INTIMIDADE POR INTERMÉDIO DO DIREITO PENAL  THE VULNERABILITY OF THE RIGHT TO INTIMACY IN THE SPACE OF TECHNOLOGICAL INSTRUMENTS: CONSTITUCIONAL WARRANTS FOR PROTECTION OF THE FUNDAMENTAL RIGHT TO INTIMACY THROUGH CRIMINAL LAW  George Sarmento*Lean Araújo**  RESUMO: O direito à intimidade integra o catálogo dos direitos fundamentais de proteção descrito no art. 5º, X, da Carta Constitucional, cuja essência é limitar a ação invasiva do Estado e dos demais indivíduos. No processo evolutivo do Estado é de se destacar a contribuição de Hobbes na formulação do Estado como ente responsável pela preservação dos indivíduos. Este momento instituiu a ruptura do indivíduo como ser que se realiza no outro para o ser empreendedor de seu próprio plano de vida, mas submetidas as ações as regras de condutas. A partir desta concepção absolutista evoluiu-se para a formulação de um Estado com delimitação de tarefas por intermédio de Órgãos autônomos e independentes visando à concretude de direitos de proteção ou defesa, direitos prestacionais e direitos de participação. A existência desse Estado Democrático de Direito e Social, constituído a partir da vontade dos seus indivíduos, exige a proteção dos direitos instituídos, dentre eles, à intimidade, e, para tanto, a própria ordem constitucional fixa mandados constitucionais de criminalização, para excepcionalmente coibir os abusos operados no espaço físico e no espaço das ferramentas tecnológicas, em razão da vulnerabilidade existente. PALAVRAS-CHAVE: Direito à Intimidade. Ferramentas Tecnológicas. Vulnerabilidade. Proteção pelo Direito Penal. ABSTRACT: The right to intimacy integrates the catalog of privacy fundamental rights depicted in article 5 section X of the constitutional charter. Its essence is to limit the invasive action of the State and other individuals. Hobbes had an important role in State evolutionary process concerning the formulation of the State as responsible for individuals preservation. This moment established the rupture of the individual as a being that realizes itself on another, to an entrepreneur of its own life plan, but submitted to actions and rules of conduct. This absolutistic conception evolved to the formulation of a State with tasks bounded by autonomous and independent agencies aiming to concretize the protection or defense rights, benefit rights and social participation. The existence of this Democratic State and social rights established by the will of the individuals, demands the protection of the established rights, such as intimacy, and therefore the constitutional order itself provides criminal warrants to exceptionally restrain misconducts operated in the physical and technological  space, due to existing vulnerability. KEYWORDS: Right to Intimacy. Technological Tools. Vulnerability. Protection through Criminal Law. SUMÁRIO: Introdução 1 A Evolução do Estado no Pensamento Político. 2 A Unidade da Constituição. 3 A Classificação dos Direitos Fundamentais. 3.1 Os Direitos Fundamentais de Proteção. 3.2 Os Direitos Fundamentais Prestacionais. 3.3 Os Direitos Fundamentais de Participação. 4 O Agir Moral em Contexto. 5 O Espaço das Ferramentas Tecnológicas como meio de Ofensa ao Direito à Intimidade. 6 Mandados Constitucionais de Criminalização. 7 Alterações da Legislação Penal. Considerações Finais. Referências.* Pós-doutor pela Université Daix-Marseille, França. Doutor em Direito pela Universidade Federal de Pernambuco (UFPE). Professor do Mestrado do Programa de Pós-Graduação em Direito da Universidade Federal de Alagoas (PPGD/UFAL). Promotor de Justiça.** Acadêmico de Direito da Universidade Federal de Mato Grosso (UFMT). Pesquisador bolsista de Iniciação Científica da Universidade Federal do Mato Grosso do Sul (UFMT) e do Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPQ).


2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Muhammad Zaki

Abstract: Islam has set the terms of ownership, whether public ownership, the individual and the state. By law, individuals are entitled to have, enjoy, and transfer of wealth, but people also have a moral obligation to spend in his property. Permissibility of individual ownership is an attempt to achieve distributive justice in real terms, and maintaining a balance in economic matters. Ownership system in Islam has many different features and systems of capitalism and communism, because Islam provides a balance between the opposites can be overstated by both the School of Economics. Although Islam gives rights to individuals to possess wealth, but the state has the right to regulate the ownership of individual interventions with the provisions outlined by the Islamic shariah.Keywords: Individual Ownership, Capitalism, SocialismAbstrak: Islam telah mengatur ketentuan kepemilikan, baik kepemilikan umum, individu maupun negara. Secara hukum, individu berhak untuk memiliki, menikmati, dan memindahtangankan kekayaan, akan tetapi individu juga memiliki kewajiban moral untuk menginfakkan hartanya. Kebolehan kepemilikan individu merupakan upaya untuk mencapai keadilan distributif secara riil, dan menjaga keseimbangan dalam masalah ekonomi. Sistem kepemilikan dalam Islam memiliki banyak keistimewaan dan berbeda dengan sistem kapitalisme dan komunisme, karena Islam memberikan keseimbangan antara hal-hal berlawanan yang terlalu dilebih-lebihkan oleh kedua mazhab ekonomi tersebut. Walaupun Islam memberikan hak kepada individu untuk memiliki kekayaan, namun negara memiliki hak intervensi untuk mengatur kepemilikan individu dengan ketentuan-ketentuan yang telah digariskan oleh syari’at Islam.Kata kunci: Kepemilikan Individu, Kapitalisme, Sosialisme


Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti

Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the  press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights. How To Cite: Astuti, S. (2014). Freedom of the Press In the Scope of Human Rights. Rechtsidee, 1(1), 101-118. doi:http://dx.doi.org/10.21070/jihr.v1i1.96


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