J.S. Mill's Boundaries of Freedom of Expression: A Critique
@article{CohenAlmagor2017JSMB, title={J.S. Mill's Boundaries of Freedom of Expression: A Critique}, author={Raphael Cohen-Almagor}, journal={Philosophy}, year={2017}, volume={92}, pages={565 - 596} }
Abstract The essay opens with some background information about the period in which J.S. Mill wrote. The discussion revolves around the concept of blasphemy which Mill considered to be highly problematic. Tagging unpopular views as ‘blasphemous’ amounted to abuse of governmental powers and infringed on the basic liberties of the out-of-favour speakers. The discussion on blasphemy sets the scene to the understanding of Mill's concerns, his priorities and consequently his emphasis on the widest…
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References
SHOWING 1-10 OF 61 REFERENCES
John Stuart Mill and freedom of expression
- Law
- 1999
This thesis challenges traditional interpretations of John Stuart Mill's theory of freedom of expression, as exemplified in On Liberty (1859), by way of an examination of his other publications and…
Mill on Democracy: From the Athenian Polis to Representative Government
- History
- 2002
Despite John Stuart Mill's widely respected contributions to philosophy and political economy, his work on political philosophy has received a much more mixed response. Some critics have even charged…
Speech, Truth, and Freedom: An Examination of John Stuart Mill's and Justice Oliver Wendell Holmes's Free Speech Defenses
- Law
- 2011
This Article is the first in-depth comparison of two classic defenses of free speech that have profoundly influenced First Amendment law: John Stuart Mill's On Liberty and Justice Holmes's dissenting…
Mill and liberalism
- Philosophy
- 1963
The present writer’s account of the content of Mill’s doctrine of Liberalism suggests that that doctrine was less libertarian and less simply individualistic than other writers have been willing to…
Mill On Liberty: A Defence
- Law
- 1983
Mill on Liberty was first published in 1983 and has become a classic of Mill commentary. The second edition reproduces the text of the first in full, and in paperback for the first time. To this,…
Mill's Principle of Liberty
- Philosophy
- 1976
IN this paper I wish to do three things: to expand on the interpretation given by John Rees’ of Mill’s principle of liberty; to discuss what status this principle is meant to have in Mill’s thought;…
Between Autonomy and State Regulation: J.S. Mill's Elastic Paternalism
- SociologyPhilosophy
- 2012
Abstract This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general…
Why tolerate? Reflections on the Millian truth principle
- Philosophy
- 1997
The aim of this essay is to reflect on the Millian, utilitarian argument from truth that is held as one of the most conspicuous answers to the question Why tolerate? This argument postulates that…
Toleration: An Elusive Virtue
- Philosophy
- 1998
If we are to understand the concept of toleration in terms of everyday life, we must address a key philosophical and political tension: the call for restraint when encountering apparently wrong…
Speech, Crime, and the Uses of Language
- Law
- 1989
In this book, distinguished legal philosopher Kent Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. The first…