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The First Amendment in Cross–Cultural Perspectiv – A Comparative Legal Analysis of the Freedom of Speech: Critical America

Autor Ronald J. Krotoszynski Jr
en Limba Engleză Paperback – 28 feb 2009
The First Amendment - and its guarantee of free speech for all Americans - has been at the centre of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine.Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom - countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular - and largely American - assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.
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Specificații

ISBN-13: 9780814748251
ISBN-10: 0814748252
Pagini: 336
Dimensiuni: 152 x 229 x 17 mm
Greutate: 0.43 kg
Editura: MI – New York University
Seria Critical America


Cuprins

Acknowledgments; Preface1 Comparative Law, Free Speech, and the “Central Meaning” of the First Amendment; 2 Freedom of Speech in the United States; 3 Free Speech in Canada: Balancing Free Speech and a Commitment to Communitarian Values; 4 Free Speech in Germany: Militant Democracy and the Primacy of Dignity as a Preferred Constitutional Value; 5 Freedom of Speech in Japan: Disentangling Culture, Community, and Freedom of Expression; 6 Freedom of Expression in the United Kingdom: Free Speech and the Limits of a Written Constitution; 7 Free Speech and the Culturally Contingent Nature of Human Rights: Some Concluding ObservationsNotes; Index; About the Author

Recenzii

"Krotoszynski’s conclusions are revealing and forcefully presented. This is especially so when they are based on the author’s sophisticated and copiously documented comparison of the U.S. with four advanced legal systems committed to participatory politics. The book undoubtedly challenges many of us who smugly accept American ‘exceptionalism’ in freedom of speech and the press. . . . Krotoszynski helps us appreciate the value of comparative free speech with a new, penetrating perspective." Law and Politics Book Review"Suggests that First Amendment scholars might find it useful to consider how other nations, committed to democratic government, have sought to resolve the constant tension between protecting speech while also securing equality.” New York Law Journal

Notă biografică


Descriere

Compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom