The Decline of Freedom of Expression and Social Vulnerability in Western democracy.

Aniceto Masferrer
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引用次数: 1

Abstract

Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; and association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. The paper, which is divided into five sections, points out that states are obliged to protect the exercise of that freedom not only because its very purpose is the common good and welfare of society but also because it is a requirement of any constitutional democracy. Otherwise, when people cannot express themselves, perhaps out of fear (not from 'war' but from different kinds of social pressure or 'violence' exerted by some lobbies, mass media, or governmental policies that are at odds with respect for the plurality of opinions), vulnerability arises. This weakens not only those individuals that are not allowed to express their thoughts but also those who do not dare to do it - or even not to think for themselves - under certain environmental pressures (exerted by states, international organizations, social media, or financial groups, lobbies, etc.). In the end, the decline of freedom of expression makes most people more vulnerable and jeopardizes the whole democratic system.

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西方民主中言论自由的衰落与社会脆弱性。
言论自由是生活在自由和开放社会中的基本组成部分,最重要的是,它是每个人的基本需求,也是获得幸福的要求。它的缺失不仅对个人,而且对整个社会都有相关的后果。这可以解释为什么言论自由与其他自由(良心和宗教;思想、信仰、意见,包括新闻和其他传播媒体的自由;和平集会和结社)一样,是自由宪政的核心,自第二次世界大战以来,也是宪政民主的重要组成部分。在民主国家,人们应该被允许自由地向他人表达自己。该文件分为五个部分,指出国家有义务保护这种自由的行使,不仅因为它的目的是社会的共同利益和福利,还因为它是任何宪政民主的要求。否则,当人们无法表达自己时,可能是出于恐惧(不是来自“战争”,而是来自一些游说团体、大众媒体或政府政策施加的不同类型的社会压力或“暴力”,这些政策与尊重多元意见不一致),脆弱性就会出现。这不仅削弱了那些不被允许表达自己想法的人,也削弱了那些在某些环境压力下(由国家、国际组织、社交媒体或金融团体、游说团体等施加)不敢表达自己想法,甚至不敢为自己思考的人,言论自由的衰落使大多数人更加脆弱,并危及整个民主制度。
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来源期刊
CiteScore
2.00
自引率
25.00%
发文量
71
期刊介绍: The International Journal for the Semiotics of Law is the leading international journal in Legal Semiotics worldwide.   We are pathfinders in mapping the contours of Legal Semiotics.   We provide a high quality blind peer-reviewing process to all the papers via our online submission platform with well-established expert reviewers from all over the world. Our boards reflect this vision and mission.   We welcome submissions in English or in French.   We bridge different fields of expertise to allow a percolation of experience and a sharing of this advanced knowledge from individual, collective and/or institutional fields of competence.   We publish original and high quality papers that should ideally critique, apply or otherwise engage with semiotics or related theory and models of analyses, or with rhetoric, history of political and legal discourses, philosophy of language, pragmatics, sociolinguistics, deconstruction and all types of semiotics analyses including visual semiotics. We also welcome submissions, which reflect on legal philosophy or legal theory, hermeneutics, the relation between psychoanalysis and language, the intersection between law and literature, as well as the relation between law and aesthetics.   We encourage researchers to submit proposals for Special Issues so as to promote their research projects. Submissions should be sent to the EIC.   We aim at publishing Online First to decrease publication delays, and give the possibility to select Open Choice.   Our goal is to identify, promote and publish interdisciplinary and innovative research papers in legal semiotics.
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