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This chapter addresses the salience of the Rawlsian idea of public reason for freedom of speech. It applies a philosophical template of Public Reason to a typically legal issue: what motivations for speech restrictions render the restriction legitimate under the Public Reason criterion, and what motivations taint the law as illegitimate, because they are non-endorsable by reasonable persons to whom they apply. Traces of this pattern of argument can be found in several legal systems: in the United States, Germany, New Zealand, and Australia, when they grapple with constitutionality of restrictions on freedom of speech, and choose the motive path (rather than the effects path) of scrutiny. The most typical pattern of argument is the one which disfavours content-oriented restrictions, as compared to content-neutral restrictions. This distinction offers attractive avenues of argument when it is viewed in the context of legislative motives, and how they fare under a general principle of Public Reason. The chapter then establishes that viewpoint restrictions and subject-matter restrictions—two subcategories of a broader genus of content-based restrictions of freedom of speech—correspond to two perceived wrongful motivations in regulating speech: intolerance and paternalism.
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"Defamation and privacy are now two central issues in media law. While defamation law has long posed concerns for media publications, the emergence of privacy as a legal challenge has been relatively recent in many common law jurisdictions outside the US. A number of jurisdictions have seen recent defamation and privacy law reforms, which have often drawn on, or reacted against, developments elsewhere. This timely book examines topical issues in defamation and privacy law focused on media, journalism and contemporary communication. Aimed at a wide legal audience, it brings together leading and emerging analysts of media law to address current and proposed reforms and the impact of changes in communication environments, and to re-examine basic principles such as harm and free speech. This book will be of interest to all those working on commonwealth or US law, as well as comparative scholars from wider jurisdictions"-- Provided by publisher.
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Comprehensive article-by-article analysis of the United Nations Convention on the Rights of the Child. Addresses a wide range of related issues including key interpretive questions. Contributions from specialist scholars in the field. Select bibliography at the end of each chapter directs readers to useful resources for further enquiry.
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This chapter compares and contrasts the sentencing guidelines in England and Wales with the corresponding sentencing guidelines developed but not yet implemented in New Zealand. In this essay, the objectives of a sentencing guidelines system are explored. The text explores what is required to achieve these objectives and considers on this basis how successful each jurisdiction’s scheme is likely to be. We conclude that the New Zealand model has many more of the ingredients for success than the model in England and Wales.
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This book comprises a selection of papers presented at a conference in honour of John Avery Jones which was held on 22 and 23 April 2010 in London.Why this book?This book comprises a selection of papers presented at a conference in honour of John Avery Jones which was held on 22 and 23 April 2010 in London. The conference brought together experts in international and UK domestic taxation from around the world to celebrate Dr. Avery Jones's contribution to the fiscal arena to mark his 70th birthday and forthcoming retirement as Judge of the First and Upper Tier Tax Tribunals.The participators of the conference were drawn almost exclusively from three groups: the International Tax Group (ITG) of which Dr. Avery Jones was one of the founder members; the Advisory Group on the OECD Model; and UK tax academics. The papers reflect Dr. Avery Jones's many areas of interest, covering both international taxation and various aspects of UK domestic taxation. Many of the papers drew their inspiration from Dr. Avery Jones's academic writings or from his contribution as a tax judge.
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