Censorship was once a predictable topic, dividing liberals and conservatives down the middle on issues like obscenity and national security. Today, the debate over the regulation of speech offers no such easy dichotomy, with feminists joining forces with religious fundamentalists to control pornography, and abortion rights advocates seeking to restrict clinic demonstrations while prolife groups defend their freedom to picket. Underlying this trend is a fundamental intellectual shift--exemplified by the work of Michel Foucault--that holds that the state is not the only agent of censorship. The thirteen contributors here explore the topic of censorship from the viewpoint of numerous disciplines and viewpoints.
'Censorship' has become a fashionable topic, not only because of newly available archival material from Eastern Europe and the former Soviet Union, but also because the 'new censorship' (inspired by the works of Foucault and Bourdieu) has widened the very concept of censorhip beyond its conventional boundaries. This volume uses these new materials and perspectives to address the relationship of censorship to cultural selection processes (such as canon formation), economic forces, social exclusion, professional marginalization, silencing through specialized discourses, communicative norms, and other forms of control and regulation. Two articles in this collection investigate these issue theoretically. The remaining eight contributions address the issues by investigating censorial practice across time and space by looking at the closure of Paul's playhouse in 1606; the legacy of 19th century American regulations and representation of women teachers; the relationship between official and samizdat publishing in Communist Poland; the ban on Gegenwartsfilme (films about contemporary society) in East Germany in 1965/66; the censorship of modernist music in Weimar and Nazi Germany; the GDR's censorship of jazz and avantgarde music in the early 1950s; Aesopian strategies of textual resistance in the pop music of apartheid South Africa and in the stories of Mario Benedetti.
Release on 2013-01-04 | by Monroe E. Price,Stefaan Verhulst,Libby Morgan
Author: Monroe E. Price,Stefaan Verhulst,Libby Morgan
Featuring specially commissioned chapters from experts in the field of media and communications law, this book provides an authoritative survey of media law from a comparative perspective. The handbook does not simply offer a synopsis of the state of affairs in media law jurisprudence, rather it provides a better understanding of the forces that generate media rules, norms, and standards against the background of major transformations in the way information is mediated as a result of democratization, economic development, cultural change, globalization and technological innovation. The book addresses a range of issues including: Media Law and Evolving Concepts of Democracy Network neutrality and traffic management Public Service Broadcasting in Europe Interception of Communication and Surveillance in Russia State secrets, leaks and the media A variety of rule-making institutions are considered, including administrative, and judicial entities within and outside government, but also entities such as associations and corporations that generate binding rules. The book assesses the emerging role of supranational economic and political groupings as well as non-Western models, such as China and India, where cultural attitudes toward media freedoms are often very different. Monroe E. Price is Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania and Joseph and Sadie Danciger Professor of Law and Director of the Howard M. Squadron Program in Law, Media and Society at the Cardozo School of Law. Stefaan Verhulst is Chief of Research at the Markle Foundation. Previously he was the co-founder and co-director, with Professor Monroe Price, of the Programme in Comparative Media Law and Policy (PCMLP) at Oxford University, as well as senior research fellow at the Centre for Socio Legal Studies. Libby Morgan is the Associate Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania.
Release on 2009-10-30 | by Austin Sarat,Matthew Anderson,Cathrine O. Frank
Author: Austin Sarat,Matthew Anderson,Cathrine O. Frank
Pubpsher: Cambridge University Press
Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock taking both of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this 'law and' enterprise and will spur its further development.
The Regulation of Language in Tudor-Stuart England
Author: Debora Shuger
Pubpsher: University of Pennsylvania Press
In this study of the reciprocities binding religion, politics, law, and literature, Debora Shuger offers a profoundly new history of early modern English censorship, one that bears centrally on issues still current: the rhetoric of ideological extremism, the use of defamation to ruin political opponents, the grounding of law in theological ethics, and the terrible fragility of public spheres. Starting from the question of why no one prior to the mid-1640s argued for free speech or a free press per se, Censorship and Cultural Sensibility surveys the texts against which Tudor-Stuart censorship aimed its biggest guns, which turned out not to be principled dissent but libels, conspiracy fantasies, and hate speech. The book explores the laws that attempted to suppress such material, the cultural values that underwrote this regulation, and, finally, the very different framework of assumptions whose gradual adoption rendered censorship illegitimate. Virtually all substantive law on language concerned defamation, regulating what one could say about other people. Hence Tudor-Stuart laws extended protection only to the person hurt by another's words, never to their speaker. In treating transgressive language as akin to battery, English law differed fundamentally from papal censorship, which construed its target as heresy. There were thus two models of censorship operative in the early modern period, both premised on religious norms, but one concerned primarily with false accusation and libel, the other with false belief and immorality. Shuger investigates the first of these models—the dominant English one—tracing its complex origins in the Roman law of iniuria through medieval theological ethics and Continental jurisprudence to its continuities and discontinuities with current U.S. law. In so doing, she enables her reader to grasp how in certain contexts censorship could be understood as safeguarding both charitable community and personal dignitary rights.
This book traces practices of militarization and resistance that have emerged under the sign of motherhood in US Foreign Policy. Gender, Agency and War examines this discourse against the background of three key moments of American foreign policy formation: the anti-nuclear movement of the 1980s, the Gulf War of the early 1990s, and the recent invasion of Iraq. For each of these moments the author explores the emergence of a historically specific and emblematic maternalized mode of female embodiment (ranging from the ‘hysterical’ antinuclear protester to the figure of ‘Supermom’), in order to shed light onto the various practices which define and enable expressions of American sovereignty. In so doing, the text argues that the emergence of particular raced, gendered, and maternalized bodies ought not to be read as merely tangential to affairs of state, but as instantiations of global politics. This work urges an approach that rereads the body as an ‘event’ – with significant implications for the ways in which international politics and gender are currently understood. This book will be of much interest to students of gender politics, critical security studies, US foreign policy and IR in general.
Is it "Stalinist" for a formerly communist country to tear down a statue of Stalin? Should the Confederate flag be allowed to fly over the South Carolina state capitol? Is it possible for America to honor General Custer and the Sioux Nation, Jefferson Davis and Abraham Lincoln? Indeed, can a liberal, multicultural society memorialize anyone at all, or is it committed to a strict neutrality about the quality of the lives led by its citizens? In Written in Stone, legal scholar Sanford Levinson considers the tangled responses of ever-changing societies to the monuments and commemorations created by past regimes or outmoded cultural and political systems. Drawing on examples from Albania to Zimbabwe, from Moscow to Managua, and paying particular attention to examples throughout the American South, Levinson looks at social and legal arguments regarding the display, construction, modification, and destruction of public monuments. He asks what kinds of claims the past has on the present, particularly if the present is defined in dramatic opposition to its past values. In addition, he addresses the possibilities for responding to the use and abuse of public spaces and explores how a culture might memorialize its historical figures and events in ways that are beneficial to all its members. Written in Stone is a meditation on how national cultures have been or may yet be defined through the deployment of public monuments. It adds a thoughtful and crucial voice into debates surrounding historical accuracy and representation, and will be welcomed by the many readers concerned with such issues.
Thesis (M.A.) from the year 2009 in the subject English Language and Literature Studies - Culture and Applied Geography, grade: 1,7, University of Münster (Englische Philologie), language: English, abstract: The historical development of censorship is parallel to the evolution of our civilization. If one talks about censorship as a type of social control then one is “overstretching” the concept of the word, as there are a wide variety of social control measures. Thus, breeding can be regarded as censorship or God’s verdict about a forbidden fruit can also be considered as a censorship act. But, since the focal point of this paper is literary censorship, a narrower meaning of the term, such as book censorship, is required. Traditionally, book censorship has been seen as a control over printed expression by authorities, and mostly by the church or government. Alec Craig emphasizes that “it is writing rather than speech that attracts authoritative attention and social pressures because it is so much more enduring and effective; and books have been subject to control of some sort wherever they have been an important medium of communication.” The earliest examples of such regulations can already be found in Ancient Rome and Greece, where the works of Ovid and Socrates were suppressed, or in China, where the writings of Confucius were banned and burned by order of the emperor. However, these censorship measures were not of systematical character, and authorities in the ancient world failed to institutionalize this practice of book suppression. Not until the invention of the printing press and a consequential wide spread adoption in the usage of printing books, especially during the Reformation, was it necessary for the authorities to create a system of sharp control of the written word. It is widely known that literature is one of the richest sources that contains the knowledge of social consciousness. It portrays the impression of social norms and values as well as modes of thought of a given age. There is also another crucial function of literature, namely it exerts an influence — through its readers — upon the very formation of these norms and values. Annabel Patterson says that “literature is a privileged medium by which matters of serious public concern could be debated.” In order to control this debate, governments have engaged in some methods, including censorial measures. Therefore, suppression of governmental criticism has been and remains its first priority. Apart from political arguments, books can be banned on religious, sexual, or social grounds.
Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect).