The Cloistered Virtue: Freedom of Speech and the Administration of Justice in the Western World

By Barend Van Niekerk | Go to book overview

1
The Concept of Freedom of Speech in the Legal Domain and Its Premises

The choice is ours whether, if we hear the pipes of Pan, we shall stampede like a frightened flock, forgetting all those professions on which we have claimed to rest our polity. God knows, there is risk in refusing to act till the facts are all in; but is there not greater risk in abandoning the conditions of all rational enquiry? . . . The mutual confidence on which all else depends can be maintained only by an open mind and a brave reliance upon free discussion. . . . [W]e must not yield a foot upon demanding a fair field and an honest race to all ideas.

Judge Learned Hand1


INTRODUCTION

Formal and Informal Approach

It is not easy to research the biography of a Swiss traitor and it is even more difficult to get it published in Switzerland.2

Through the centuries, there has been a very marked reluctance in most parts of the world to give meaningful recognition to the right of the citizen to speak his or her mind freely on the administration of justice. Strengthening this official reluctance and acting at times as a corollary to it there has also been an ingrained reluctance on the part of society generally to concern itself very much with the administration of justice. One is really confronted here with a vicious circle: official animosity (expressed at times by sanctions) toward legal free speech leads to a popular reluctance as far as the critical broaching of legal matters is concerned, and this popular reluctance (partly based on fear but partly also on unconcern) again strengthens the hand of authority in the maintenance of its repressive stance. Bolstering this repression is the fact that the law and its administration do not inherently command the interest of most members of the public and hence of their media even in sophisticated societies, despite superficial impressions to the contrary as symbolized by the crowds at public executions in repressive regimes or by saturation publicity in the yellow press. A climate of unconcern by its nature is a notoriously fertile soil for the growth of suppression of liberties.

-1-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Cloistered Virtue: Freedom of Speech and the Administration of Justice in the Western World
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 399

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.