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A Fundamental Rethinking of Freedom of Speech
Oxford Journal of Legal Studies
|December 11, 2025
Summary
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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