Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with ...behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests-producing what Sunstein describes as "behavioral market failures." Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice.Against those who reject paternalism of any kind, Sunstein shows that "choice architecture"-government-imposed structures that affect our choices-is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful-and that it makes people's lives better and longer.
The Art of Veiled Speech Han Baltussen, Peter J. Davis / Han Baltussen, Peter J. Davis
07/2015
eBook
Throughout Western history, there have been those who felt compelled to share a dissenting opinion on public matters, while still hoping to avoid the social, political, and even criminal consequences ...for exercising free speech. In this collection of fourteen original essays, editors Han Baltussen and Peter J. Davis trace the roots of censorship far beyond its supposed origins in early modern history.
Beginning with the ancient Greek concept ofparrhêsia, and its Roman equivalentlibertas, the contributors toThe Art of Veiled Speechexamine lesser-known texts from historical periods, some famous for setting the benchmark for free speech, such as fifth-century Athens and republican Rome, and others for censorship, such as early imperial and late antique Rome. Medieval attempts to suppress heresy, the Spanish Inquisition, and the writings of Thomas Hobbes during the Reformation are among the examples chosen to illustrate an explicit link of cultural censorship across time, casting new light on a range of issues: Which circumstances and limits on free speech were in play? What did it mean for someone to "speak up" or "speak truth to authority"?
Drawing on poetry, history, drama, and moral and political philosophy the volume demonstrates the many ways that writers over the last 2500 years have used wordplay, innuendo, and other forms of veiled speech to conceal their subversive views, anticipating censorship and making efforts to get around it.The Art of Veiled Speechoffers new insights into the ingenious methods of self-censorship to express controversial views, revealing that the human voice cannot be easily silenced.
Contributors:Pauline Allen, Han Baltussen, Megan Cassidy-Welch, Peter J. Davis, Andrew Hartwig, Gesine Manuwald, Bronwen Neil, Lara O'Sullivan, Jon Parkin, John Penwill, François Soyer, Marcus Wilson, Ioannis Ziogas
This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some ...chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.
The unheavenly chorus Schlozman, Kay Lehman; Verba, Sidney; Brady, Henry E
2012., 20120409, 2012, 2012-04-09, 20120101
eBook
Politically active individuals and organizations make huge investments of time, energy, and money to influence everything from election outcomes to congressional subcommittee hearings to local school ...politics, while other groups and individual citizens seem woefully underrepresented in our political system.The Unheavenly Chorusis the most comprehensive and systematic examination of political voice in America ever undertaken--and its findings are sobering.
The Unheavenly Chorusis the first book to look at the political participation of individual citizens alongside the political advocacy of thousands of organized interests--membership associations such as unions, professional associations, trade associations, and citizens groups, as well as organizations like corporations, hospitals, and universities. Drawing on numerous in-depth surveys of members of the public as well as the largest database of interest organizations ever created--representing more than thirty-five thousand organizations over a twenty-five-year period--this book conclusively demonstrates that American democracy is marred by deeply ingrained and persistent class-based political inequality. The well educated and affluent are active in many ways to make their voices heard, while the less advantaged are not. This book reveals how the political voices of organized interests are even less representative than those of individuals, how political advantage is handed down across generations, how recruitment to political activity perpetuates and exaggerates existing biases, how political voice on the Internet replicates these inequalities--and more.
In a true democracy, the preferences and needs of all citizens deserve equal consideration. Yet equal consideration is only possible with equal citizen voice.The Unheavenly Chorusreveals how far we really are from the democratic ideal and how hard it would be to attain it.
To what extent is populist rule associated with a decline in press freedom and freedom of expression? Populist rule refers to government headed by charismatic leaders who seek to gain and retain ...power by mobilizing mass constituencies that are typically free of other political attachments. Populism in this sense matters for two reasons: (1) controlling the media is a core objective of populists compared with other types of political leaders, who can rely on other organizational links to supporters; and (2) the interests of populist parties are virtually equivalent to the interests of party leaders, which means that populists face different time horizons and constraints on their behavior than the leaders of more deeply institutionalized parties. Using cross-national data on up to ninety-one countries from 1980 to 2014, this paper tests whether populist rule is associated with the erosion of press freedom and freedom of expression relative to other types of government and whether any effect is conditional on the ideology of the populist government in question. It finds that populist rule is associated with a decline in most measures of media freedom relative to programmatic party rule. However, this effect is lessened for right-leaning populist governments.
How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of ...hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints.
Distinguishing between two kinds of state action--expressive and coercive--Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.
In this study of the reciprocities binding religion, politics, law, and literature, Debora Shuger offers a profoundly new history of early modern English censorship, one that bears centrally on ...issues still current: the rhetoric of ideological extremism, the use of defamation to ruin political opponents, the grounding of law in theological ethics, and the terrible fragility of public spheres. Starting from the question of why no one prior to the mid-1640s argued for free speech or a free press per se,Censorship and Cultural Sensibilitysurveys the texts against which Tudor-Stuart censorship aimed its biggest guns, which turned out not to be principled dissent but libels, conspiracy fantasies, and hate speech. The book explores the laws that attempted to suppress such material, the cultural values that underwrote this regulation, and, finally, the very different framework of assumptions whose gradual adoption rendered censorship illegitimate. Virtually all substantive law on language concerned defamation, regulating what one could say about other people. Hence Tudor-Stuart laws extended protection only to the person hurt by another's words, never to their speaker. In treating transgressive language as akin to battery, English law differed fundamentally from papal censorship, which construed its target as heresy. There were thus two models of censorship operative in the early modern period, both premised on religious norms, but one concerned primarily with false accusation and libel, the other with false belief and immorality. Shuger investigates the first of these models-the dominant English one-tracing its complex origins in the Roman law ofiniuriathrough medieval theological ethics and Continental jurisprudence to its continuities and discontinuities with current U.S. law. In so doing, she enables her reader to grasp how in certain contexts censorship could be understood as safeguarding both charitable community and personal dignitary rights.
In 1960, University of Illinois professor Leo Koch wrote a public
letter condoning premarital sex. He was fired. Four years later, a
professor named Revilo Oliver made white supremacist remarks and
...claimed there was a massive communist conspiracy. He kept his job.
Matthew Ehrlich revisits the Koch and Oliver cases to look at
free speech, the legacy of the 1960s, and debates over sex and
politics on campus. The different treatment of the two men marked a
fundamental shift in the understanding of academic freedom. Their
cases also embodied the stark divide over beliefs and values--a
divide that remains today. Ehrlich delves into the issues behind
these academic controversies and places the events in the context
of a time rarely associated with dissent, but in fact a harbinger
of the social and political upheavals to come.
An enlightening and entertaining history, Dangerous Ideas on
Campus illuminates how the university became a battleground
for debating America's hot-button issues.
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. Examining countries where religious pluralism is in decline, including Iraq, India, Pakistan and Nigeria, this book brings together ...reflections, knowledge and learning about the daily experiences of religiously marginalized groups, generated using participatory research methods. It also showcases the participatory methodologies implemented by its international team of contributors and highlights the importance of using non-extractive methods for engaging with participants.
This book provides empirically grounded insights into the causes, trajectories, and effects of a severe decline in university autonomy and the relationship to other dimensions of academic freedom by ...comparing in-depth country studies and evidence from a new global timeseries dataset. Drawing attention to ongoing discussions on standards for monitoring and assessment of academic freedom at regional and international organizations, this book identifies a need for clearer standards on academic freedom and a human rights-based definition of university autonomy. Further, the book calls for accompanying international oversight and the inclusion of criteria related to academic freedom in international university rankings. Five expert-authored case studies on academic freedom from diverse nations (Bangladesh, Mozambique, India, Poland, and Turkey) are included in the volume. Drawing on both qualitative and quantitative evidence, the book offers a unique and timely contribution to the field and will be of great interest to scholars, researchers, and students in the fields of higher education, human rights, political science and public policy.
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