Free Speech Bibliography: Including Every Discovered Attitude Toward the Problem Covering Every Method of Transmitting Ideas and of Abridging Their Promulgation Upon Every Subject-Matter. - Couverture souple

Schroeder, Theodore Albert

Couverture souple

ISBN 10 : 1240122829 ISBN 13 : 9781240122820

Editeur : Gale Ecco, Making of Modern Law, 2010

Synopsis

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Yale Law School LibraryCTRG98-B3245Includes index.New York: H.W. Wilson; London: Grafton & Co., 1922. 247 p.; 27 cm

A propos du livre

Présentation de l'éditeur

From the author, AN EXPLANATION.
First let me say that I use the word "speech" in its broadest sense as including every method of transmitting intellectual light and heat. When confronted with the task of making classifications for this bibliography I was perplexed by the absence of precedent. First came the thought of a chronological arrangement, with author and subject-index. With a chronological arrangement, every item of one's interest might be found on a different page, needing to be traced by oft repeated references to the subject index. Hence a waste of time. The chronological arrangement has obvious advantages only for students of the historical development of the free speech issue.
One asks, why not make a subdivision on the basis of the external circumstances to which censorship is applied. Thus: Street-speaking, Theatre, Moving pictures, Parks, Post Office, Express, Inter-State Commerce, Newspapers, Magazines, Pictures, etc. This again involves and multiplies the same confusion as the chronological arrangement, and would furnish a minimum of help to those seeking light. Persons using this bibliography will seldom have their interests centre around the physical circumstances of censorship. That interest is more likely to be motived in some fundamental lust for power, satisfiable by means of reputation, of property, or of political and religious institutions, and sexual customs. This reference to the human impulses that make for censorship may almost be called the psycho-genetic approach to a bibliographical classification. From this point of view, most censorships would be classified under such heads as sex motive, religious motive, economic motive, personal motive, etc. Under each of these could be subheads which relate more specifically to the motive, or other classifiable quality of the censored expression or persons. Thus economic motive would have such subhead as socialism, anarchism, labor unions, etc. Under sex motive we should think of birth control, sex-education, sex-reformers, etc. Under religious motives come blasphemy, Church and State, etc.
There is a marked change in the character of the discussion of mental freedom between the eighteenth and nineteenth centuries. Under the former rule by an alleged divine right, liberty and censorship upon every subject found their strongest justification in what was claimed to be the will of God. All was based upon the union of the privileged Church and the State. All was justified by biblical interpretations, and theologic dogma. Then it was scarcely safe to urge merely considerations of temporal expediency, or of right, not based upon "the will of God", as revealed in "Holy Writ". Yet, these older discussions have great historic value, for the better understanding of our constitutional guarantees of free speech. By whatever name called, all the old epithetic characterizations of the suppressed idea were originally but different names for blasphemy. All attacks upon government, established economic and social privileges, and religious institutions, were thought pernicious, primarily because they were believed to be somehow a denial of Holy Writ, as interpreted by the official Christianity. Treason against God was necessarily a treason against His State, and treason against the divinely ordained State was always a treason against God. Blasphemy and Sedition were really the same. Accordingly I have thought it best to place all material bearing date before the year 1800 in a separate group. Because its interest lies wholly in its historical value, I have thought to enhance that value by a chronological arrangement.
With the American and French Revolution men began to repudiate political "divine right", and to insist upon "natural rights" and temporal expediency and the guarantees of written constitutions. It is in the previous controversies that we must find the meaning of the decisions expressed in our bills of rights....

Présentation de l'éditeur

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Détails de l'édition

• Éditeur: Gale Ecco, Making of Modern Law
• Date d'édition: 2010
• Langue: anglais
• ISBN 10: 1240122829
• ISBN 13: 9781240122820
• Reliure: Broché
• Nombre de pages: 258
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible