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Acknowledgments

1 Introduction: Speech, Privacy, and Dignity in France and the United States
1.1 Enlightenment Values in the Balance
1.2 The Role of the Government and Human Dignity
1.3 Hermeneutics and the Imaginary

2 Antiquity, Modernity, and Historical Imaginaries on the Role of the Government
2.1 The Role of the Government: Negative and Positive Liberties
2.2 Antiquity, Modernity, Natural Law, and Liberty
2.3 Historical Imaginaries
2.4 Declarations and Their Spirit

3 The Underlying Ex Ante Understanding of Liberty
3.1 Metaphysical Universalism versus Pragmatic Proclamation
3.2 Reconceptualization of the Role of the Government versus Definition of the Limits of the Role of the Government

4 The Moralizing Rational Republic versus the State Arbitrator of the Free Play of Interests
4.1 Rousseau's Conceptualization of the Moralizing Republic
4.2 The French Revolutionaries' Attempt to Realize the Rational Republic
4.3 Locke, Smith, Paine, and the State Arbitrator of the Free Play of Interests
4.4 The American Founders and Liberal Individual Reason

5 Foundation of the Rights of Man on the Rights of the Citizen versus Foundation of the Rights of the Citizen on the Rights of Man

6 Conclusion

Bibliography
Index

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Freedom of expression : the revolutionary roots of American and French legal thought 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
등록번호 청구기호 권별정보 자료실 이용여부
0002933057 LM 342.44085 -A22-5 서울관 서고(열람신청 후 1층 대출대) 이용가능

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알라딘제공
Two legal systems founded on similar Enlightenment philosophical and political values use state coercion differently to regulate a liberty at the core of the Enlightenment: freedom of expression. This comparative study of France and the United States proposes a novel theory of how the limits of freedom of expression are informed by different revolutionary experiences and constitutional and political arrangements. Ioanna Tourkochoriti argues that the different ways freedom of expression is balanced against other values in France and the United States can be understood in reference to the role of the government and the understanding of republicanism and liberty. This understanding affects how jurists define the content and the limits of a liberty and strike a balance between liberties in conflict. Exploring both the legal traditions of the two countries, this study sheds new light on the broader historical, social and philosophical contexts in which jurists operate.