dunnettreader + free_speech + mill   2

Brian Leiter - The Case Against Free Speech (July 2014 working paper) :: SSRN
Free societies employ a variety of institutions — including courts and schools — in which speech is heavily regulated on the basis of its content ... in order to promote other desirable ends, including discovery of the truth. I illustrate this with the case of courts and rules of evidence. Three differences between courts and the polity might seem to counsel against extending that approach more widely. First, the courtroom has an official and somewhat reliable (as well as reviewable) arbiter of the epistemic merits, while the polity may not. Second, no other non-epistemic values of speech are at stake in the courtroom, whereas they are in the polity. Third, the courtroom’s jurisdiction is temporally limited in a way the polity’s may not be. I argue that only the first of these poses a serious worry about speech regulation outside select institutions like courts. I also argue for viewing "freedom of speech" like "freedom of action": speech, like everything else human beings do, can be for good or ill... and thus the central question in free speech jurisprudence should really be how to regulate speech effectively — to minimize its very real harms, without undue cost to its positive values — rather than rationalizing (often fancifully) the supposed special value of speech. In particular, I argue against autonomy-based defenses of a robust free speech principle. I conclude that the central issue in free speech jurisprudence is not about speech but about institutional competence; I offer some reasons — from the Marxist "left" and the public choice "right"— for being skeptical that capitalist democracies have the requisite competence; and make some suggestive but inconclusive remarks about how these defects might be remedied. - No of Pages: 41
paper  SSRN  philosophy_of_law  political_philosophy  free_speech  Mill  Hayek  Adorno  Frankfurt_School  Kant  Kant-ethics  Marx  autonomy  networks-information  evidence  epistemology-social  education  regulation  public_choice  public_sphere  public_opinion  political_participation  competition 
july 2014 by dunnettreader
On Compromise (1874) -- The works of Lord Morley, Vol 3 - John Morley - Google Books
Concerned about erosion of acting according to moral and political principles. Analysis of causes (1) French example of claiming that policies deduced from general principles gives principle a bad name (2) historicism (1st rumbles of "relativism" accusation) (3) newspapers responding to short term opinions and prejudices of buyers (4) State Church puts important part of educated elite into defense of status quo and rejection of thinking through implications of new information, conditions etc - as well as encourage hypocrisy (5) nouveau riche that has neither the class tradition of noblesse oblige nor what he takes to be widely shared American attachment to the notion of the common good -- a political and intellectual_history of 19thC England, including reaction to Enlightenment - last chapter focus on free thought vs free speech, Locke, JS Mill, liberty and toleration, ending with remarks by Diderot -- added to Google_Books library
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may 2014 by dunnettreader

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