Eric Heinze
Autor von The Logic of Liberal Rights: A Study in the Formal Analysis of Legal Discourse
Über den Autor
Eric Heinze is Professor of Law and Humanities at Queen Mary, University of London
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- #440,253
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- 4.5
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- 1
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- 25
I seem to remember from an earlier piece from Heinze that the distinction was between free speech absolutism and viewpoint absolutism. To make the terminology more readily understandable I like his adoption of content-based and viewpoint-based as the distinguishing factors of the free speech public debate. The need for viewpoint-based absolutism or near-absolutism is shown, through theoretical concepts and practical examples, as necessary, though not sufficient, for other human goods (commonly called human rights) to even be possible.
The overall argument seems like it should be agreeable to most, though it is in the details where debate usually arises. No matter what human goods are "guaranteed" as rights within state apparatus, if every single citizen doesn't feel able to safely and effectively speak out and advocate then those human goods have not truly become human rights. It is the ability to speak freely, with certain limitations, mostly content-based, and having a voice in making decisions, not just offering opinions about decisions, that allow human goods to become human rights.
I would recommend this to anyone interested in thinking in a more nuanced manner about free speech and human rights. It is not a difficult read so much as it is a read that requires you to pay attention to what words are being used, by whom, and what they might mean in practice as well as theory. In other words, it is an accessible work for those who don't mind working to grasp new perspectives on commonly (mis)used concepts.
Reviewed from a copy made available by the publisher via NetGalley.… (mehr)