Download A Virtue Less Cloistered: Courts, Speech and Constitutions by Ian Cram PDF

By Ian Cram

ISBN-10: 1841130389

ISBN-13: 9781841130385

Whereas paying lip carrier to the significance of public entry to court docket lawsuits and its corollary of unfettered media reporting, a trawl via universal legislations jurisdictions finds that judges and legislators were answerable for huge inroads into the fitting of open justice. open air of the U.S., judges and legislators have lengthy subordinated media freedom to record and remark upon issues when it comes to the management of justice which will guard the equity of person lawsuits, public self assurance within the management of justice extra normally or perhaps person privateness matters. the subject material of this ebook is a comparative therapy of constitutional security for open justice. targeting advancements within the felony platforms of the uk, the U.S., Canada and Australia, the monograph attracts upon the constitutionalization of expression pursuits around the universal legislation global to interact in a miles wanted reassessment of the root and volume of permissible restraints on speech.

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Additional info for A Virtue Less Cloistered: Courts, Speech and Constitutions

Example text

Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men. Ambard v Attorney-General for Trinidad and Tobago [1936] AC 322, 335 per Lord Atkin. HILST LIP SERVICE has often been paid by judges and politicians to the importance of public access to court proceedings and its corollary of free media reporting, a trawl through common law jurisdictions reveals in reality a heavily circumscribed notion of open justice.

Consequentialist arguments for speech treat speech as valuable because it serves another value or interest such as the pursuit of truth or democratic self-governance. Deontological arguments by contrast disregard the consequences of the exercise of free speech, stressing instead the intrinsic importance of speech to each individual. One of the first great scholars of the First Amendment, Zechariah Chafee identified strands of both consequentialist and deontological arguments in his survey of the sorts of interest protected under the First Amendment.

Later, deontological accounts such as Scanlon’s notion of self-fulfilment and Dworkin’s constitutive theory of speech are discussed. One way of exploring speech rationales is to consider whether the interests of speakers or listeners are stressed. Where the beneficiary of speech is the audience (as is the case for example in the argument from democracy or the argument from truth) speech claims rest upon what Dworkin has called an argument of ‘policy’ in which the long term interests of the community determine whether the particular exercise of speech is worth protecting.

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