The Oxford Handbook Of Freedom Of Speech

The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.

We speak of being 'free' to speak our minds, free to go to college, free to move about; we can be cancer-free, debt-free, worry-free, or free from doubt. The concept of freedom (and relatedly the notion of liberty) is ubiquitous but not everyone agrees what the term means, and the philosophical analysis of freedom that has grown over the last two decades has revealed it to be a complex notion whose meaning is dependent on the context. The Oxford Handbook of Freedom will crystallize this work and craft the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists, in order to reflect the breadth of the topic. This handbook covers both current scholarship as well as historical trends, with an overall eye to how current ideas on freedom developed. The volume is divided into six sections: conceptual frames (framing the overall debates about freedom), historical frames (freedom in key historical periods, from the ancients onward), institutional frames (freedom and the law), cultural frames (mutual expectations on our 'right' to be free), economic frames (freedom and the market), and lastly psychological frames (free will in philosophy and psychology).

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

This second edition of the Oxford Handbook of Free Will is intended to be a sourcebook and guide to current work on free will and related subjects. Its focus is on writings of the past forty years, in which there has been a resurgence of interest in traditional issues about the freedom of the will in the light of new developments in the sciences, philosophy and humanistic studies. Special attention is given to research on free will of the first decade of the twenty-first century since the publication of the first edition of the Handbook. All the essays have been newly written or rewritten for this volume. In addition, there are new essayists and essays surveying topics that have become prominent in debates about free will in the past decade, including new work on the relation of free will to physics, the neurosciences, cognitive science, psychology and empirical philosophy, new versions of traditional views (compatibilist, incompatibilist, libertarian, etc.) and new views (e.g., revisionism) that have emerged. The twenty-eight essays by prominent international scholars and younger scholars cover a host of free will related issues, such as moral agency and responsibility, accountability and blameworthiness in ethics, autonomy, coercion and control in social theory, criminal liability, responsibility and punishment in legal theory, issues about the relation of mind to body, consciousness and the nature of action in philosophy of mind and the cognitive and neurosciences, questions about divine foreknowledge, providence and human freedom in philosophy of religion, and general metaphysical questions about necessity and possibility, determinism, time and chance, quantum reality, causation and explanation.

Fully revised and updated, this title examines topical issues such as free speech and freedom of the press, as well as considering other important developments and legislation.

Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.