Freedom Of Speech Is Democracy – Mike's Place

"When there is no law, there is no freedom" is not quite true, ..

What is the Opposite of freedom of speech ..

Any analysis of the “law” presents itself first as a linguistic analysis, that is, as an attempt to overcome the above-mentioned difficulty in finding out the actual meaning of that word in the language. This is not easy because people may use the word from many points of view and with meanings which not only change according to the various kinds of people who use that word, but may also change within the language used by the same kind of people. Even among professors of “law” you may notice that the meaning of the word is not always the same. Long-lasting disputes among international lawyers or constitutional lawyers on the one side and civil lawyers on the other may be quoted in this respect.

“Freedom is the right to tell people what they do not want to hear.” Freedom of ..

The Limits of Law (Stanford Encyclopedia of Philosophy)

Dicey’s conclusion may or may not be applicable to present circumstances, but it is a consequence of the principle of equality before the law, that is, of one of the principles implied by both his and Professor Hayek’s interpretation of the meaning of “the rule of law.”

the idea of legal equality, or of the universal subjection of all classes to one law administered by the ordinary courts, has been pushed to its utmost limit. With us every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen. The reports abound with cases in which officials have been brought before the courts and made, in their personal capacity, liable to punishment or to the payment of damages for acts done in their official character but in excess of their lawful authority. A colonial governor, a secretary of state, a military officer, and all subordinates, though carrying out the commands of their official superiors, are as responsible for any act which the law does not authorize as is any private and unofficial person.

Amendment I: Freedom of Speech and of the Press

General regulations laid down in due time and made known to all citizens make it possible for them to foresee what will happen on the legal stage as a consequence of their behavior, or, to use the words of Professor Hayek: “as a general rule, circumstances which are beyond his [the individual’s] field of vision must not be made a ground for his coercion.”

the existence of law; the law is not the opposite of freedom, ..

This ideal of certainty has been implanted and reinforced in the European Continent through a long series of events. Justinian’s was for several centuries the very book in which the ideal of the certainty of the law, understood as the certainty of a , appeared to be embodied, in the Latin as well as in the German countries. This ideal was not repudiated, but was even emphasized, in the seventeenth and eighteenth centuries in Continental Europe, when the absolutistic governments, as the late Professor Ehrlich has pointed out in his brilliant essay on legal reasoning (), wanted to make sure that their judges did not alter the meaning of their rules. Everybody knows what happened in the nineteenth century in Continental Europe. All the European countries adopted written codes and written constitutions, accepting the idea that precisely worded formulae could protect people from the encroachments of all possible kinds of tyrants. Governments as well as courts accepted this interpretation of the idea of the certainty of the law as the precision of a written formula laid down by legislatures. This was not the only reason why Continental Europe adopted codes and constitutions, but it was at least one of the main reasons. In brief, the Continental idea of the certainty of the law was equivalent to the idea of a precisely worded, written formula. This idea of certainty was to a great extent conceived as .

Mainstream _____ believe that freedom means the opposite of ..

Dicey and Hayek apparently differ only slightly in their respective interpretations of equality as a characteristic of the rule of law. Both maintain that independent courts are essential in order to grant to the citizens equality before the law. A minor difference between the two interpretations of the functions of the courts seems to be that while Dicey does not admit the existence of two different judiciary orders, one to settle disputes between ordinary citizens only and one to settle disputes between ordinary citizens, on the one hand, and state officials, on the other, Hayek thinks that the existence of two different judiciary orders is not objectionable in itself, provided that both orders are actually independent of the executive.

Freedom and the Law (LF ed.) - Online Library of Liberty

Whether this is actually the notion that the English people had of the certainty of the law and whether this idea was actually implied in their ideal of “the rule of law” is not clear at first sight. We shall return to this question a little later.