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New Media and Freedom of Expression
The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
Blasphemy and Freedom of Expression
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
Acts Against God
Blasphemy is a phenomenon that spans human experience, from the ancient world right up to today’s ferocious religious debates. Acts Against God is the first accessible history of this crime—its prosecution, its impact, and its punishment and suppression. While acknowledging blasphemy as an act of individuals, Acts Against God also considers the act as a widespread and constant presence in cultural, political, and religious life. Beginning in ancient Greece and the genesis of blasphemy’s link with the state, David Nash moves on to explore blasphemy in the medieval world, where it was used both as an accusation against outsiders and as a method of crusading for piety in the West. He cons...
Christianity and Comics
The Bible has inspired Western art and literature for centuries, so it is no surprise that Christian iconography, characters, and stories have also appeared in many comic books. Yet the sheer stylistic range of these comics is stunning. They include books from Christian publishers, as well as underground comix with religious themes and a vast array of DC, Marvel, and Dark Horse titles, from Hellboy to Preacher. Christianity and Comics presents an 80-year history of the various ways that the comics industry has drawn from biblical source material. It explores how some publishers specifically targeted Christian audiences with titles like Catholic Comics, books featuring heroic versions of Oral...
Digital Constitutionalism in Europe
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
The Changing Nature of Religious Rights under International Law
The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to rel...
The Un Convention on the Elimination of All Forms of Racial Discrimination
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Islam and the Governing of Muslims in France
Will Islam be able to adapt to France's secularity and its strict separation of public and private spheres? Can France accommodate Muslims? In this book, Frank Peter argues that the debate about “Islam” and “Muslims” is not simply caused by ignorance or Islamophobia. Rather, it is an integral part of how secularism is reasoned. Islam and the Governing of Muslims in France shows that understanding religion as separate from other aspects of life, such as politics, economy, and culture, disregards the ways religion has operated and been managed in “secular” societies such as France. This book uncovers the varying rationalities of the secular that have developed over the past few decades in France to “govern Islam,” in order to examine how Muslims engage with the secular regime and contribute to its transformation. This book offers a close analysis of French secularism as it has been debated by Islamic intellectuals and activists from the 1990s until the present. It will influence the study of secularism as well as the study of Islam in the French Republic, and reveal new connections between Islamic traditions and secular rationalities.
The Walled Garden
Privacy, in human history, is a relatively recent concept. Nobody had much privacy in the Middle Ages. Even kings and queens lacked privacy: it was an age when crowds watched a queen give birth, and the king received visitors while on the chamber pot. Technology and concepts of privacy grew up together—as both friends and enemies. For example, the late 19th century invention of the candid camera made it possible, for the first time, to take someone’s picture without that person’s consent. This fact was in the background of the classic article by Warren and Brandeis that launched the right of privacy. Today, we have smart phones with cameras, selfies, the Internet, surveillance cameras,...
