A Fundamental Rethinking of Freedom of Speech

Oxford Journal of Legal Studies +

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Summary

This summary is machine-generated.

Paul Wragg

Area Of Science

  • Political Philosophy
  • Legal Theory
  • Rhetoric and Composition

Background

  • International free speech discourse has been historically dominated by US First Amendment jurisprudence.
  • Existing legal positivism approaches struggle to define the core tenets of free speech.
  • John Stuart Mill's "On Liberty" remains a foundational text, yet open to reinterpretation.

Purpose Of The Study

  • To present a radical restatement of free speech theory from a European perspective.
  • To challenge traditional justifications for free speech by defending 'irrationality'.
  • To explore the philosophical underpinnings of individual autonomy and freedom of expression.

Main Methods

  • A critical re-examination of John Stuart Mill's "On Liberty".
  • A departure from legal positivism to explore foundational principles.
  • Philosophical argumentation centered on the concept of 'irrationality'.

Main Results

  • Identifies the protection of 'irrational speech' as central to free speech theory.
  • Argues that protecting seemingly worthless speech upholds individual freedom and autonomy.
  • Reinterprets Mill to support a defense of individual responsibility and self-governance.

Conclusions

  • Free speech theory requires a radical reorientation beyond traditional legal frameworks.
  • The protection of irrationality is essential for safeguarding individual autonomy.
  • Wragg's work offers a significant European contribution, moving beyond US-centric legal positivism.

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