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

By Barend Van Niekerk | Go to book overview

CONTENTS
FOREWORD by John Dugardix
EULOGY for Professor Barend van Niekerk by Dr. Alan Patonxix
PREFACExxiii
INTRODUCRIONxxv
1 THE CONCEPT OF FREEDOM OF SPEECH IN THE LEGAL DOMAIN AND ITS PREMISES1
Introduction1
The Premises of a System of Free Speech in the Legal Domain6
The First Premise: The Achievement of Individual Self-Fulfillment9
The Second Premise: Freedom of Speech as an Essential Instrument for the Advancement of Knowledge and Truth in the Administration of Justice24
The Third Premise: Freedom of Speech as a Device of Democratic Participation in the Administration of Justice29
The Fourth Premise: Freedom of Speech as a Method of Minimizing Conflict and Maximizing Stability in the Administration of Justice32
The Fifth Premise: Free Speech in the Legal Domain as a Prerequisite for Justice to and the Liberty of the Individual36
The Sixth Premise: The Inefficacy and Frequent Counterproductivity of Free Speech Restrictions Concerning the Administration of Justice41
2 THE FORMAL RESTRICTIONS ON LEGAL FREE SPEECH: THE PROTECTION OF THE PRESTIGE AND STANDING OF LEGAL OFFICERS AND OF THE ADMINISTRATION OF JUSTICE45
Introduction45
Contempt of Court47
Sanctions Comparable to Contempt of Court62
Germany: A Case Study of Criminal and Professional Sanctions Relating to the Scandalization of Judges and Courts63
The Netherlands: A Case Study of Criminal and Professional Sanctions Relating to the Scandalization of Judges and Courts75
Scandalization of Courts in France80
Scandalization of Courts in Italy85

-vii-

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