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Freedom of Expression
Two legal systems founded from similar Enlightenment philosophical and political values use state coercion differently to regulate a core liberty: the 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.
Freedom of Expression
A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.
The Struggle for Democracy
Revolutionaries, counter-revolutionaries, and reformers the world over appeal to democracy to justify their actions. But when political factions compete over the right to act in "the people's" name, who is to decide? Although the problem is as old as the great revolutions of the seventeenth and eighteenth centuries, events from the Arab Spring to secession referendums suggest that today it is hardly any closer to being solved. This book defends a new theory of democratic legitimacy and change that provides an answer. Christopher Meckstroth shows why familiar views that identify democracy with timeless principles or institutions fall into paradox when asked to make sense of democratic foundin...
Law and Memory
The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Speech, Privacy and Dignity in France and in the U.S.A
The divide between France and the United States on the balancing between freedom of expression and privacy rights was recently revived in reference to evolutions concerning the freedom of expression on the Internet. The recent decision of the Court of Justice of the European Union (CJEU) spurred a lot of controversy in the United States by recognizing a “right to be forgotten.” The CJEU held that a person can request a search engine to remove from its results elements that concern them. Google interpreted the CJEU decision as obliging it to remove search results from its European sites only. Nevertheless, in June 2015 the French data protection authority, known by its French acronym, CNI...
EU Law Stories
This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.
Legal Positivism in a Global and Transnational Age
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamic...
Trust, Courts and Social Rights
Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.
The Future of Environmental Law
Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner.
