Kant's System of Freedom of Speech

Kant's system of freedom of speech exposes both the connections and the separations of legal dogmas regarding freedom of expression. His three modes of speech do not reflect themselves in separate categories; constitutional or international laws on freedom of speech basically cover all of them...

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Veröffentlicht in:Der Staat 2007-01, Vol.46 (4), p.515-540
1. Verfasser: Brugger, Winfried
Format: Artikel
Sprache:ger
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Zusammenfassung:Kant's system of freedom of speech exposes both the connections and the separations of legal dogmas regarding freedom of expression. His three modes of speech do not reflect themselves in separate categories; constitutional or international laws on freedom of speech basically cover all of them together. Nevertheless, they can be used for the shaping of a guarantee of freedom of expression; press freedom and uncensored use of intellect lead to a universal right, and they relate to parallel guarantees of freedom of opinion. The article discusses the importance of freedom of expression; (the urgency of) freedom of press and its protection coming from the human search for purpose and moral reflection; the demarcation between communication and action; privileged political speech; the global use of reason as a means of personal enlightenment and empowerment as related to the improvement of our living conditions in a common world. Furthermore is discussed the friction between formal and material autonomy in communication, and the analytical differentiation of consequent questions on support received or damage done to people or groups of people, or systems (in particular economic and political systems). Regarding freedom of expression in a political manner, it can lead to exclusion of passive citizens or non-citizens, or, related to matters of citizenship, to citizens' rights instead of human rights. This however, is not a compelling condition. Figures, References. O. van Zijl
ISSN:0038-884X