Speech, Crime, and the Uses of Language

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Publisher : Oxford University Press, USA
ISBN 13 : 9780195057997
Total Pages : 349 pages
Book Rating : 4.0/5 (579 download)

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Book Synopsis Speech, Crime, and the Uses of Language by : Kent Greenawalt

Download or read book Speech, Crime, and the Uses of Language written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.

Speech, Crime, and the Uses of Language

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0195077113
Total Pages : 360 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Speech, Crime, and the Uses of Language by : Kent Greenawalt

Download or read book Speech, Crime, and the Uses of Language written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.

Speech, Crime, and the Uses of Language

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195360265
Total Pages : 362 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Speech, Crime, and the Uses of Language by : Kent Greenawalt

Download or read book Speech, Crime, and the Uses of Language written by Kent Greenawalt and published by Oxford University Press. This book was released on 1992-09-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.

Human Liberty and Freedom of Speech

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195360028
Total Pages : 396 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Human Liberty and Freedom of Speech by : C. Edwin Baker

Download or read book Human Liberty and Freedom of Speech written by C. Edwin Baker and published by Oxford University Press. This book was released on 1992-10-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.

Fighting Words

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Publisher : Princeton University Press
ISBN 13 : 1400821673
Total Pages : 202 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Fighting Words by : Kent Greenawalt

Download or read book Fighting Words written by Kent Greenawalt and published by Princeton University Press. This book was released on 1996-05-13 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should "hate speech" be made a criminal offense, or does the First Amendment oblige Americans to permit the use of epithets directed against a person's race, religion, ethnic origin, gender, or sexual preference? Does a campus speech code enhance or degrade democratic values? When the American flag is burned in protest, what rights of free speech are involved? In a lucid and balanced analysis of contemporary court cases dealing with these problems, as well as those of obscenity and workplace harassment, acclaimed First Amendment scholar Kent Greenawalt now addresses a broad general audience of readers interested in the most current free speech issues.

Freedom of Speech

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Publisher : Routledge
ISBN 13 : 1351723820
Total Pages : 482 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Freedom of Speech by : Larry. J Alexander

Download or read book Freedom of Speech written by Larry. J Alexander and published by Routledge. This book was released on 2018-05-08 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000. This text presents a two-volume collection of theoretical articles on the topic of freedom of speech. The articles have all been written since the early 1970s. The first volume begins with an encyclopaedia entry, functioning as an overview of the topic, and further articles deal with justificatory theories of freedom of speech, the scope of the First Amendment, the value of free speech, communication control in law and society, and what kinds of acts raise freedom of speech concerns. The second volume turns to doctrinal theories, examining insults, incitements and governmental subsidies. Areas addressed include distinctions between content regulations, Robert Post's concepts of the public forum and public discourse and their bearing on free speech doctrine, and the significant arena for free speech controversies in the future.

A Most Detestable Crime

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Publisher : Oxford University Press, USA
ISBN 13 : 0195120752
Total Pages : 323 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis A Most Detestable Crime by : Keith Burgess-Jackson

Download or read book A Most Detestable Crime written by Keith Burgess-Jackson and published by Oxford University Press, USA. This book was released on 1999 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays by leading philosophers probes the philosophical aspects of rape in all of its manifestations: act, crime, practice, and institution. Among the issues examined are the nature of rape; the wrongfulness and harmfulness of rape; the relation of rape to racism, sexism, classism, and other forms of oppression; and the legitimacy of various rape-law doctrines. Each contributor advances a novel argument and seeks to disentangle the conceptual, evaluative, and empirical issues that arise in connection with the crime. This essential reference work is among the first philosophical anthologies devoted exclusively to the subject of rape--as complex and interesting intellectually as it is pervasive and disturbing socially.

Incitement on Trial

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Publisher : Cambridge University Press
ISBN 13 : 110710310X
Total Pages : 377 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Incitement on Trial by : Richard Wilson

Download or read book Incitement on Trial written by Richard Wilson and published by Cambridge University Press. This book was released on 2017-08-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.

The Free Flow of Information: Media law and freedom of expression in the United States

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Author :
Publisher : Lulu.com
ISBN 13 : 1312367229
Total Pages : 286 pages
Book Rating : 4.3/5 (123 download)

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Book Synopsis The Free Flow of Information: Media law and freedom of expression in the United States by : Michael Edward Lenert

Download or read book The Free Flow of Information: Media law and freedom of expression in the United States written by Michael Edward Lenert and published by Lulu.com. This book was released on 2014-07-23 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary objectives of this casebook are: (1) to outline the fundamental legal decisions that constitute the framework of media law, (2) to develop the skills to apply this framework to contemporary controversies in media law and ethics (3) to give you practical guidance how to stay out of legal trouble in your career in the media The casebook requires the close reading of original legal texts and decisions concerning defamation, privacy, intellectual property and other selected topics.

Interpreting the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190265639
Total Pages : 448 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Interpreting the Constitution by : Kent Greenawalt

Download or read book Interpreting the Constitution written by Kent Greenawalt and published by Oxford University Press. This book was released on 2015-10-07 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.

The Constitution and the Flag: The flag salute cases

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Author :
Publisher : Taylor & Francis
ISBN 13 : 9780815312673
Total Pages : 704 pages
Book Rating : 4.3/5 (126 download)

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Book Synopsis The Constitution and the Flag: The flag salute cases by : Michael Kent Curtis

Download or read book The Constitution and the Flag: The flag salute cases written by Michael Kent Curtis and published by Taylor & Francis. This book was released on 1993 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

Crime and the Internet

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Publisher : Routledge
ISBN 13 : 1134542321
Total Pages : 426 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Crime and the Internet by : David Wall

Download or read book Crime and the Internet written by David Wall and published by Routledge. This book was released on 2003-09-02 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the internet really powerful enough to allow a sixteen year old to become the biggest threat to world peace since Adolf Hitler? Are we all now susceptible to cyber-criminals who can steal from us without even having to leave the comfort of their own armchairs? These are fears which have been articulated since the popular development of the internet, yet criminologists have been slow to respond to them. Consequently, questions about what cybercrimes are, what their impacts will be and how we respond to them remain largely unanswered. Organised into three sections, this book engages with the various criminological debates that are emerging over cybercrime. The first section looks at the general problem of crime and the internet. It then describes what is understood by the term 'cybercrime' by identifying some of the challenges for criminology. The second section explores the different types of cybercrime and their attendant problems. The final section contemplates some of the challenges that cybercrimes give rise to for the criminal justice system.

Criminal Law Perspectives

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Publisher : Cambridge University Press
ISBN 13 : 1009047361
Total Pages : 1493 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Criminal Law Perspectives by : John Anderson

Download or read book Criminal Law Perspectives written by John Anderson and published by Cambridge University Press. This book was released on 2020-12-03 with total page 1493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Law Perspectives: From Principles to Practice is an engaging introduction to the criminal law in New South Wales, Victoria, the Australian Capital Territory and the Commonwealth Criminal Code. It takes a comparative approach to the law in these jurisdictions, focusing on prevalent summary offences, substantive federal offences and criminal procedure. Complex concepts are explained and contextualised by linking them to practical applications. Each chapter is supported by tools for self-assessment: review questions; case boxes summarising and extracting key historical and contemporary cases; and longer, narrative end-of-chapter problems that promote student engagement and help students develop problem-solving skills and independent thinking. Criminal Law Perspectives explores the development of criminal law principles in Australia, and provides a comprehensive and accessible overview of criminal law for students studying in the area for the first time.

Crime and Corpus

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Publisher : John Benjamins Publishing Company
ISBN 13 : 9027268762
Total Pages : 181 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Crime and Corpus by : Ulrike Tabbert

Download or read book Crime and Corpus written by Ulrike Tabbert and published by John Benjamins Publishing Company. This book was released on 2015-04-15 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports on crime in newspapers do not provide a neutral representation of criminals and their offences but instead construct them in accordance with societal discourse surrounding this issue. This book takes an interdisciplinary approach at the intersection of Linguistics, Criminology, and Media Studies and demonstrates how Linguistics can contribute to the study of crime in the media. By combining the tools offered by Corpus Linguistics and Critical Stylistics (a text-based framework for Critical Discourse Analysis), evidence is provided for predominant perceptions of crime and their underlying ideologies in both British and German society. This study names and illustrates the most significant linguistic devices used to construct offenders, victims, and crimes in two newspaper corpora compiled from the German and British press. These devices are then linked to criminological frameworks.

Humanism and the Rhetoric of Toleration

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Publisher : Penn State Press
ISBN 13 : 0271042826
Total Pages : 334 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Humanism and the Rhetoric of Toleration by : Gary Remer

Download or read book Humanism and the Rhetoric of Toleration written by Gary Remer and published by Penn State Press. This book was released on 2010-11-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious toleration is much discussed these days. But where did the Western notion of toleration come from? In this thought-provoking book Gary Remer traces arguments for religious toleration back to the Renaissance, demonstrating how humanist thinkers initiated an intellectual tradition that has persisted even to our present day. Although toleration has long been recognized as an important theme in Renaissance humanist thinking, many scholars have mistakenly portrayed the humanists as proto-Englightenment rationalists and nascent liberals. Remer, however, offers the surprising conclusion that humanist thinking on toleration was actually founded on the classical tradition of rhetoric. It was the rhetorician's commitment to decorum, the ability to argue both sides of an issue, and the search for an acceptable epistemological standard in probability and consensus that grounded humanist arguments for toleration. Remer also finds that the primary humanist model for a full-fledged theory of toleration was the Ciceronian rhetorical category of sermo (conversation). The historical scope of this book is wide-ranging. Remer begins by focusing on the works of four humanists: Desiderius Erasmus, Jacobus Acontius, William Chillingworth, and Jean Bodin. Then he considers the challenge posed to the humanist defense of toleration by Thomas Hobbes and Pierre Bayle. Finally, he shows how humanist ideas have continued to influence arguments for toleration even after the passing of humanism&—from John Locke to contemporary American discussions of freedom of speech.

Criminal Law and its Processes

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Publisher : Aspen Publishing
ISBN 13 : 1543851975
Total Pages : 1456 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Criminal Law and its Processes by : Sanford H. Kadish

Download or read book Criminal Law and its Processes written by Sanford H. Kadish and published by Aspen Publishing. This book was released on 2022-02-10 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Now in its 11th edition, Criminal Law and Its Processes: Cases and Materials covers all the doctrinal material and key criminal justice policy questions an instructor may want to explore for a either a one-semester or year-long course in criminal law. From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. New to the Eleventh Edition: Enhanced treatment of America’s long-overdue reckoning with over-criminalization, mass incarceration, and discriminatory law enforcement Discussion of abolitionist critiques of American penal law and consideration of restorative justice as a possible alternative to traditional punishment The chapter on rape makes more readily understandable the major split between states that still require proof of some kind of force and those that now make absence of consent sufficient. The material also contains more depth for discussion of the increasingly important question of what “consent” means, including several of the most recent cases and the new Model Penal Code provisions on rape approved by the ALI membership in June 2021. In-depth treatment of racial profiling and police use of excessive force, and a broader discussion of structural pressures and biases in the context of exploring the expansion of excuses Broader exploration of what society chooses to criminalize and prioritize for enforcement Updated notes to incorporate contemporary cases and recent news touching on criminal law Inclusion of additional preeminent cases in the field of criminal law, including: Kahler v. Kansas as a principal case in the material on the insanity defense Two new cases on the actus reus of conspiracy – the first in a drug distribution context and the second addressing Apple’s strategy for marketing ebooks on its iPad Professors and students will benefit from: Cohesive Intellectual Framework Grounds student understanding of criminal law as an instrument of social control?and provides analytical tools to interpret and understand doctrine Holistic approach encourages students to develop an understanding of principles and rules applicable to all crimes Cases-and-notes pedagogy Includes excerpted materials, questions, and problems useful for Socratic instruction and policy discussions Challenging Problems ? Places discussion of the law and policy in relevant, real-world scenarios Enhance students’ understanding of basic principles and test their application of these principles to particular offenses

Bias Crimes

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Author :
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Bias Crimes by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice

Download or read book Bias Crimes written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice and published by . This book was released on 1992 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: