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

By Barend Van Niekerk | Go to book overview

PREFACE

I place on record my abiding gratitude for the generous assistance of the Alexander von Humboldt-Stiftung in Bonn, which made the research for this work possible, and for the research facilities of the Max-Planck Institüt für ausländisches und internationales Strafrecht in Freiburg, where I spent one of the most rewarding periods of my life. I also record here with warmth and deep respect and gratitude the succor of the band of lawyers who stood by me when the principles and beliefs upon which this work are based were rudely and crudely tested in the cases where the seeds for this work were sown. As to the research and writing of this work, devouring as it did a major slice of my time and energies and patience, I remember here those nearest to me both at home and at work who generously bore so much of my cross. Literally scores of people in at least a score of countries were consulted and gave me of their time in my quixotic endeavor to portray a slice of the law and practice of free speech in the West. Some names are recorded in the work, many more are not. I remember them here whether or not they will ever know it.

All the translations in English, apart from a handful relating to Greek, Polish, and Hungarian, are my own. For reasons of space and largely also of common sense, I inserted only the translations and not the original text. My apologies in advance to students of the languages concerned.

Very generous use -- perhaps too generous use -- was made of cross- references in footnotes with a cross-reference referring to an approximate location of the footnote concerned and not to a page. Some may like this innovation, others may not. I believe it assists meaningfully with the integration of the overall text and with its usefulness for reference purposes.

Because the research for this work was done in various countries at various times, the time frame as regards either the legal or the de facto situation concerning free speech in the legal domain varies from country to country. The bulk of my research ought to reflect at least the situation up to the end of 1977. As regards South Africa, the United States, and Britain the situation depicted would reflect that obtaining at the end of 1980.

-xxiii-

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