Results for 'Freedom of speech'

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  1. Silencing and Freedom of Speech in UK Higher Education.Finlay Malcolm - 2021 - British Educational Research Journal 47 (3):520-538.
    Freedom of speech in universities is currently an issue of widespread concern and debate. Recent empirical findings in the UK shed some light on whether speech is unduly restricted in the university, but it suffers from two limitations. First, the results appear contradictory. Some studies show that the issue of free speech is overblown by media reportage, whilst others track serious concerns about free speech arising from certain university policies. Second, the findings exclude important issues (...)
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  2.  30
    R.K. Nar*y*N on Freedom of Speech and Fair Equality of Opportunity.Terence Rajivan Edward - manuscript
    In this paper, I present an obstacle to realizing John Rawls’s system of justice. The basic liberties have lexical priority, but they risk undermining fair equality of opportunity, because freedom of speech allows us to spread false prejudices. I present the obstacle through a pastiche of a notable fiction writer from the Indian sub-continent.
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  3. Expression as Realization: Speakers' Interests in Freedom of Speech.Jonathan Gilmore - 2011 - Law and Philosophy 30 (5):517-539.
    I argue for the recognition of a particular kind of interest that one has in freedom of expression: an interest served by expressive activity in forming and discovering one’s own beliefs, desires, and commitments. In articulating that interest, I aim to contribute to a family of theories of freedom of expression that find its justification in the interests that speakers have in their own speech or thought, to be distinguished from whatever interests they may also have as (...)
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  4.  8
    Freedom of Expression and the Argument From Self-Defense.Jimmy Alfonso Licon - 2022 - Think 21 (62):23-31.
    Some philosophers hold that stifling free expression stifles intellectual life. Others reply that freedom of expression can harm members of marginalized groups by alienating them from social life or worse. Yet we should still favour freedom of expression, especially where marginalized groups are concerned. It's better to know who has repugnant beliefs as it allows marginalized groups to identify threats: free expression qua self-defence.
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  5. Digital Media, Digital Democracy and the Changing Nature of Freedom of Speech in Vietnam.Mai Thi My Hang - unknown
    This paper discusses the influence of digital media and its online presence on freedom of speech in Vietnam by analyzing three different kinds of emerging online media tools: blogosphere, electronic/online newspapers, and social media networks (SNSs). As a single- party socialist republic country, the controlling power of the media lays in the hands of the Communist Party of Vietnam (CPV). The Doi Moi reform in 1986, marketization and the introduction of the Internet in 1997 have slightly transformed the (...)
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  6. Two Millian Arguments: Using Helen Longino’s Approach to Solve the Problems Philip Kitcher Targeted with His Argument on Freedom of Inquiry.Jaana Eigi - 2012 - Studia Philosophica Estonica 5 (1):44-63.
    Philip Kitcher argued that the freedom to pursue one's version of the good life is the main aim of Mill's argument for freedom of expression. According to Kitcher, in certain scientific fields, political and epistemological asymmetries bias research toward conclusions that threaten this most important freedom of underprivileged groups. Accordingly, Kitcher claimed that there are Millian grounds for limiting freedom of inquiry in these fields to protect the freedom of the underprivileged. -/- I explore Kitcher's (...)
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  7. When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion.Corey Brettschneider - 2010 - Perspectives on Politics 8 (4):1005-1019.
    Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought (...)
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  8. The Relation Between Academic Freedom and Free Speech.Robert Mark Simpson - 2020 - Ethics 130 (3):287-319.
    The standard view of academic freedom and free speech is that they play complementary roles in universities. Academic freedom protects academic discourse, while other public discourse in universities is protected by free speech. Here I challenge this view, broadly, on the grounds that free speech in universities sometimes undermines academic practices. One defense of the standard view, in the face of this worry, says that campus free speech actually furthers the university’s academic aims. Another (...)
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  9.  28
    Toward Linguistic Responsibility: The Harm of Speech Acts.Emanuele Costa - 2021 - Public Philosophy Journal 4 (1).
    In this short article, I analyze forms of public speech by individuals in positions of power through a framework based on Austin’s theory of speech acts. I argue that because of the illocutionary and perlocutionary force attached to such individuals’ offices and their public figures, their public speech qualifies for being framed as speech acts—which are not covered by even a broad understanding of freedom of speech or right to privacy. Therefore, I formulate a (...)
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  10. A Kantian Conception of Free Speech.Helga Varden - 2010 - In Deidre Golash (ed.), Free Speech in a Diverse World. Springer.
    In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for (...)
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  11. Free Speech and the Legal Prohibition of Fake News.Étienne Brown - forthcoming - Social Theory and Practice.
    Western European liberal democracies have recently enacted laws that prohibit the diffusion of fake news on social media. Yet, many consider that such laws are incompatible with freedom of expression. In this paper, I argue that democratic governments have strong pro tanto reasons to prohibit fake news, and that doing so is compatible with free speech. First, I show that fake news disrupts a mutually beneficial form of epistemic dependence in which members of the public are engaged with (...)
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  12. Fraudulent Advertising: A Mere Speech Act or a Type of Theft?Pavel Slutskiy - unknown - Libertarian Papers 8.
    Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he acquires (...)
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  13. Speech-Act Theory: Social and Political Applications.Daniel W. Harris & Rachel McKinney - forthcoming - In Justin Khoo & Rachel Katharine Sterken (eds.), The Routledge Handbook of Social and Political Philosophy of Language. Routledge.
    We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.
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  14. Corporate Speech in Citizens United Vs. Federal Election Commission.Kirk Ludwig - 2016 - SpazioFilosofico 16:47-79.
    In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the (...)
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  15.  87
    The Evolving Social Purpose of Academic Freedom.Shannon Dea - 2021 - Kennedy Institute of Ethics Journal 31 (2):199-222.
    In the face of the increasing substitution of free speech for academic freedom, I argue for the distinctiveness and irreplaceability of the latter. Academic freedom has evolved alongside universities in order to support the important social purpose universities serve. Having limned this evolution, I compare academic freedom and free speech. This comparison reveals freedom of expression to be an individual freedom, and academic freedom to be a group-differentiated freedom with a social (...)
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  16. “I Dare Not Mutter a Word”: Speech and Political Violence in Spinoza.Hasana Sharp - 2021 - Crisis and Critique 1 (8):365-386.
    This paper examines the relationship between violence and the domination of speech in Spinoza’s political thought. Spinoza describes the cost of such violence to the State, to the collective epistemic resources, and to the members of the polity that domination aims to script and silence. Spinoza shows how obedience to a dominating power requires pretense and deception. The pressure to pretend is the linchpin of an account of how oppression severely degrades the conditions for meaningful communication, and thus the (...)
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  17. Are There Limits to Free Speech?Peter Singer - 2021 - Journal of Ethical Reflections 1 (4):43-56.
    Freedom of speech has traditionally been a cause championed by the left and liberal side of the political spectrum, against conservatives who have tried to limit the expression of radical ideas. Here are three examples from the United States: 1) When I was appointed to Princeton University in 1999, Steve Forbes, whose father had endowed the university’s Forbes College, called for my appointment to be rescinded, and pledged that he would not donate to the university as long as (...)
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  18. Against State Censorship of Thought and Speech: The “Mandate of Philosophy” Contra Islamist Ideology.Norman Swazo - 2018 - International Journal of Political Theory 3 (1):11-33.
    Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration of (...)
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  19. “Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”.Rebecca Ruth Gould - 2018 - Law, Culture and the Humanities 1 (online first).
    The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the (...)
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  20.  66
    Towards an Immanent Conception of Economic Agency: Or, A Speech on Metaphysics to its Cultured Despisers.Christopher Yeomans & Justin Litaker - 2017 - Hegel Bulletin 38 (2):241-265.
    When it comes to social criticism of the economy, Critical Theory has thus far failed to discover specific immanent norms in that sphere of activity. In response, we propose that what is needed is to double down on the idealism of Critical Theory by taking seriously the sophisticated structure of agency developed in Hegel’s own account of freedom as self-determination. When we do so, we will see that the anti-metaphysical gestures of recent Critical Theory work in opposition to its (...)
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  21. The Debate on the Moral Responsibilities of Online Service Providers.Mariarosaria Taddeo & Luciano Floridi - 2016 - Science and Engineering Ethics 22 (6):1575-1603.
    Online service providers —such as AOL, Facebook, Google, Microsoft, and Twitter—significantly shape the informational environment and influence users’ experiences and interactions within it. There is a general agreement on the centrality of OSPs in information societies, but little consensus about what principles should shape their moral responsibilities and practices. In this article, we analyse the main contributions to the debate on the moral responsibilities of OSPs. By endorsing the method of the levels of abstract, we first analyse the moral responsibilities (...)
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  22. Foundations of Ancient Ethics/Grundlagen Der Antiken Ethik.Jörg Hardy & George Rudebusch - 2014 - Göttingen, Germany: Vandenhoek.
    This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...)
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  23. Pornography, Hate Speech, and Their Challenge to Dworkin's Egalitarian Liberalism.Abigail Levin - 2009 - Public Affairs Quarterly 23 (4):357-373.
    Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's (...)
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  24. Intellectual Agency and Responsibility for Belief in Free Speech Theory.Robert Mark Simpson - 2013 - Legal Theory 19 (3):307-330.
    The idea that human beings are intellectually self-governing plays two roles in free-speech theory. First, this idea is frequently called upon as part of the justification for free speech. Second, it plays a role in guiding the translation of free-speech principles into legal policy by underwriting the ascriptive framework through which responsibility for certain kinds of speech harms can be ascribed. After mapping out these relations, I ask what becomes of them once we acknowledge certain very (...)
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  25.  75
    Hate Speech, Righteous Hatred and Political Stability: A Religious Perspective.Barigbon Gbara Nsereka - 2018 - Scholars Journal of Arts, Humanities and Social Sciences 6 (11).
    Of all the spheres where hate speech thrives, religion and politics seem to be more pronounced. Speeches made to cast aspersions on political affiliations and ideologies as well as on religious faiths, heavily affect the political beliefs, participation and reactions of the people concerned to the happenings within the sociopolitical arena. Comments made on religion, like those on politics, have a high propensity to either make or mar the entire political well-being or otherwise of the country. How religious groups (...)
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  26.  36
    Weighing Words: On the Governmentality of Free Speech.Muhammad Ali Nasir - 2016 - Social and Legal Studies 25 (1).
    The article explores the regulatory aspect of the right to freedom of expression. It focuses on human rights case law to see how the guarantee of this right considers subjects, who are required to be free in specific ways in order to exercise their freedoms aptly.
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  27. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
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  28. "The Right to Be Forgotten": A Philosophical View.Luciano Floridi - 2015 - Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics 23:163-179.
    The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, (...)
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  29. Against Illiberalism: A Critique of Illiberal Trends in Liberal Institutions, with a Focus on Neoracist Ideology in Unitarian Universalism.David Cycleback - 2022 - Fifth Principle Project.
    This text examines recent illiberal trends in traditionally liberal institutions. Specifically, it critiques radical “anti-racism” approaches based on critical race theory (CRT) and the ideas of academics such as Ibram X. Kendi and Robin DiAngelo. It also focuses on Unitarian Universalism, a historically liberal church whose national leadership has adopted an extreme version of critical race theory. -/- Racial and other inequities are problems in all societies and all of human history, and there are no simple, easy or objectively correct (...)
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  30. Declaration in Douglass's My Bondage & My Freedom.Philip Yaure - 2020 - American Political Thought 9 (4):513-541.
    In this paper, I develop an account of Frederick Douglass’s use of declaration as an emancipatory mode of political action. An act of declaration compels an audience to acknowledge the declarer as possessing a type of normative standing (e.g. personhood or citizenship). Douglass, through acts of declaration like his Fifth of July speech and fight with the ‘slavebreaker’ Covey, compels American audiences to acknowledge him as a fellow citizen by forcefully enacting a commitment to resist tyranny and oppression. The (...)
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  31.  4
    Redefining and Extending the Public Use of Reason: Republic and Reform in Kant’s Conflict of the Faculties.Roberta Pasquarè - manuscript
    With An Answer to the Question: What Is Enlightenment? (1784) and What Does It Mean to Orient Oneself in Thinking? (1786), Kant presents the concept of public use of reason and defines its requirements, scope, and function. In outline, the public use of reason consists in sharing one’s thoughts with “the entire public of the world of readers” (8:37). As for its requirements, to the extent that someone communicates in their own person, i.e. not in the exercise of their function (...)
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  32.  4
    University, Republic, and Morality: On the Reversed Order of Progress in ‘The Conflict of the Faculties’.Roberta Pasquarè - manuscript
    It is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, relinquishes some progressive stances and retreats to conservative positions. According to several interpreters, this is especially evident from Kant’s discussion of moral progress and public use of reason. Kant avers that moral progress can only occur through state-sanctioned education “from top to bottom” and entrusts the emergence of a state endowed with the relevant resolution and ability to “a wisdom from above” (7:92-93). According to numerous (...)
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  33. Crushing Animals and Crashing Funerals: The Semiotics of Free Expression.Harold Anthony Lloyd - 2012 - First Amendment Law Review 12.
    With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...)
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  34.  72
    How to Philosophize with an Affinity of Hammers: Censorship and Reproductive Freedom in France.Jill Drouillard - 2019 - APA Women in Philosophy Series Blog.
    On Oct. 24, 2019, French philosopher Sylviane Agacinski was scheduled to speak at the Université de Bordeaux-Montaigne on « l’être humain à l’époque de sa reproductibilité technique » [the human being in the era of its technological reproducibility]. Amidst “violent threats” and their purported inability to assure the safety of Agacinski, the organizers cancelled the event. Agacinski and other French intellectuals lament what they perceive to be part of a “drifting liberticide”, a form of censorship that forbids the exchange of (...)
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  35. The Musicality of Speech.James H. P. Lewis - forthcoming - Philosophers' Imprint.
    It is common for people to be sensitive to aesthetic qualities in one another’s speech. We allow the loveliness or unloveliness of a person’s voice to make impressions on us. What is more, it is also common to allow those aesthetic impressions to affect how we are inclined to feel about the speaker. We form attitudes of liking, trusting, disliking or distrusting partly in virtue of the aesthetic qualities of a person’s speech. In this paper I ask whether (...)
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  36. The Limits of the Rights to Free Thought and Expression.Barrett Emerick - 2021 - Kennedy Institute of Ethics Journal 31 (2):133-152.
    It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...)
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  37. The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats.Ken Levy - 2007 - Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
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  38.  75
    Defending Plurality. Four Reasons Why We Need to Rethink Academic Freedom in Europe.Karsten Schubert - 2021 - Verfassungsblog 2021/4/19.
    Academic freedom is under attack, both in authoritarian democracies, such as Hungary and Turkey, and in liberal Western democracies, such as the United States, the UK, France and Germany. For example, Gender Studies are being targeted by right-wing governments in Eastern Europe, and in France President Emmanuel Macron has attacked post-colonial and critical theories as “Islamo-gauchisme“, portraying them as a danger to the Republic. However, dominant discourses about academic freedom and free speech in the global north, lately (...)
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  39.  55
    Caricaturizing Freedom: Islam, Offence, and the Danish Cartoon Controversy.Ashwani Kumar Peetush - 2009 - South Asian Film and Media Studies 1 (1):173-178.
    I argue in this paper that the publication of cartoons caricaturing Islam by Jyllands- Posten is problematic for a number of reasons. First, within liberal political theory itself, there are reasonable arguments that the depictions (at least two) perpetuate prejudice and verge on hate speech. Second, such depictions weaken the social conditions that make possible a thriving democracy (i.e., participation) by marginalizing the already marginalized. Moreover, the caricatures perpetuate an Orientalist discourse about the nature of Islam and the non-West, (...)
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  40.  93
    Public Funding of Abortions and Abortion Counseling for Poor Women.Rem B. Edwards - 1997 - Advances in Bioethics 2:303.
    This article tries to show that commonplace economic, ethico-religious, anti-racist,and logical-consistency objections to public funding of abortions and abortion counseling for poor women are quite weak. By contrast, arguments appealing to basic human rights to freedom of speech, informed consent, protection from great harm, justice and equal protection under the law, strongly support public funding. Thus, refusing to provide abortions at public expense for women who cannot afford them is morally unacceptable and rationally unjustifiable, despite the opinions of (...)
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  41. What Does Cultural Difference Require of Human Rights.Claudio Corradetti - 2013 - In Cindy Holder & David Reidy (eds.), Human Rights. The Hard Questions, Cambridge University Press.
    Th e contemporary right to freedom of thought together with all its further declinations into freedom of speech, religion, conscience and expression, had one of its earliest historical recognitions at the end of the Wars of Religion with the Edict of Nantes (1598). In several respects one can saythat the right to freedom of thought is virtually “co-original” with the endof the Wars of Religion. Following this thought further, one might think that human rights defi ne (...)
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  42. Parents, Privacy, and Facebook: Legal and Social Responses to the Problem of Over-Sharing.Renée Nicole Souris - 2018 - In Ann Cudd & Mark Christopher Navin (eds.), Core Concepts and Contemporary Issues in Privacy. Springer. pp. 175-188.
    This paper examines whether American parents legally violate their children’s privacy rights when they share embarrassing images of their children on social media without their children’s consent. My inquiry is motivated by recent reports that French authorities have warned French parents that they could face fines and imprisonment for such conduct, if their children sue them once their children turn 18. Where French privacy law is grounded in respect for dignity, thereby explaining the French concerns for parental “over-sharing,” I show (...)
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  43. ""Hard Times and Rough Rides: The Legal and Ethical Impossibilities of Researching "'Shock"'Pornographies.Steve Jones & Sharif Mowlabocus - 2009 - Sexualities 12 (5):613--628.
    This article explores the various ethical and legal limitations faced by researchers studying extreme or ‘ shock’ pornographies, beginning with generic and disciplinary contexts, and focusing specifically upon the assumption that textual analysis unproblematically justifies certain pornographies, while legal contexts utilize a prohibitive gaze. Are our academic freedoms of speech endangered by legislations that restrict our access to non-mainstream images, forcing them further into taboo locales? If so, is the ideological normalization of sexuality inextricable from our research methodologies? Simultaneously, (...)
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  44.  5
    Technopolis as the Technologised Kingdom of God. Fun as Technology, Technology as Religion in the 21st Century. God Sive Fun.Marina Christodoulou - 2018 - Cahiers d'Études Germaniques 1 (74: 'La religion au XXIe siècle):119-132.
    Citation:Christodoulou, Marina. “Technopolis as the Technologised Kingdom of God. Fun as Technology, Technology as Religion in the 21st Century. God sive Fun.” Cahiers d'études germaniques N° 74, 2018. La religion au XXIe siècle - Perpectives et enjeux de la discussion autour d'une société post-séculière. Études reunites par Sébastian Hüsch et Max Marcuzzi, 119-132. -/- -------- -/- Neil Postman starts his book Technopoly: The Surrender of Culture to Technology (1993)1 with a quote from Paul Goodman’s New Reformation: “Whether or not it (...)
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  45. Elements of Speech Act Theory in the Work of Thomas Reid.Karl Schuhmann & Barry Smith - 1990 - History of Philosophy Quarterly 7 (1):47 - 66.
    Historical research has recently made it clear that, prior to Austin and Searle, the phenomenologist Adolf Reinach (1884-1917) developed a full-fledged theory of speech acts under the heading of what he called "social acts". He we consider a second instance of a speech act theory avant la lettre, which is to be found in the common sense philosophy of Thomas Reid (1710-1796). Reid’s s work, in contrast to that of Reinach, lacks both a unified approach and the detailed (...)
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  46.  45
    Instinctualism: A Theory of Law From Within.James Rowe - manuscript
    Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...)
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  47. Is It Wrong to Topple Statues and Rename Schools?Joanna Burch-Brown - 2017 - Journal of Political Theory and Philosophy 1 (1):59-88.
    In recent years, campaigns across the globe have called for the removal of objects symbolic of white supremacy. This paper examines the ethics of altering or removing such objects. Do these strategies sanitize history, destroy heritage and suppress freedom of speech? Or are they important steps towards justice? Does removing monuments and renaming schools reflect a lack of parity and unfairly erase local identities? Or can it sometimes be morally required, as an expression of respect for the memories (...)
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  48. Fanon's Frame of Violence: Undoing the Instrumental/Non-Instrumental Binary.Imge Oranli - 2021 - Interventions: International Journal of Postcolonial Studies 23 (8):1106-1123.
    The scholarship on Frantz Fanon’s theorization of violence is crowded with interpretations that follow the Arendtian paradigm of violence. These interpretations often discuss whether violence is instrumental or non-instrumental in Fanon’s work. This reading, I believe, is the result of approaching Fanon through Hannah Arendt’s framing of violence, i.e. through a binary paradigm of instrumental versus non-instrumental violence. Even some Fanon scholars who question Arendt’s reading of Fanon, do so by employing a similar binary logic, hence repeating the same either/or (...)
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  49. On the Transcendental Freedom of the Intellect.Colin McLear - 2020 - Ergo: An Open Access Journal of Philosophy 7:35-104.
    Kant holds that the applicability of the moral ‘ought’ depends on a kind of agent-causal freedom that is incompatible with the deterministic structure of phenomenal nature. I argue that Kant understands this determinism to threaten not just morality but the very possibility of our status as rational beings. Rational beings exemplify “cognitive control” in all of their actions, including not just rational willing and the formation of doxastic attitudes, but also more basic cognitive acts such as judging, conceptualizing, and (...)
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  50. Democratic Freedom of Expression.Ricardo Restrepo - 2013 - Open Journal of Philosophy 3 (3):380-390.
    This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to (...)
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