John Stuart Mill opens his essay by discussing the historical "struggle between authority and liberty," describing the tyranny of government, which, in his view, needs to be controlled by the liberty of the citizens. He divides this control of authority into two mechanisms: necessary rights belonging to citizens, and the "establishment of constitutional checks by which the consent of the community, or of a body of some sort, supposed to represent its interests, was made a necessary condition to some of the more important acts of the governing power." L’ouvrage porte sur la conciliation de notre liberté avec la nécessaire autorité de l’État pourtant « extrêmement dangereuse ». Par le passé, les hommes se contentaient de combattre un ennemi par un autre, c'est-à-dire de se laisser diriger à condition d’être plus ou moins garantis contre la tyrannie. Puis les hommes prirent conscience de la situation et commencèrent à vouloir un pouvoir indépendant, révocable.
The Culture of Calumny and the Problem of Free Speech
Author: Charles Walton
Publisher: Oxford University Press
In the 1789 Declaration of the Rights of Man and of the Citizen, French revolutionaries proclaimed the freedom of speech, religion, and opinion. Censorship was abolished, and France appeared to be on a path towards tolerance, pluralism, and civil liberties. A mere four years later, the country descended into a period of political terror, as thousands were arrested, tried, and executed for crimes of expression and opinion. In Policing Public Opinion in the French Revolution, Charles Walton traces the origins of this reversal back to the Old Regime. He shows that while early advocates of press freedom sought to abolish pre-publication censorship, the majority still firmly believed injurious speech--or calumny--constituted a crime, even treason if it undermined the honor of sovereign authority or sacred collective values, such as religion and civic spirit. With the collapse of institutions responsible for regulating honor and morality in 1789, calumny proliferated, as did obsessions with it. Drawing on wide-ranging sources, from National Assembly debates to local police archives, Walton shows how struggles to set legal and moral limits on free speech led to the radicalization of politics, and eventually to the brutal liquidation of "calumniators" and fanatical efforts to rebuild society's moral foundation during the Terror of 1793-1794. With its emphasis on how revolutionaries drew upon cultural and political legacies of the Old Regime, this study sheds new light on the origins of the Terror and the French Revolution, as well as the history of free expression.
Catholics, Jews, and Protestants in De Gaulle’s Free France, 1940-1945
Author: Geoffrey Adams
Publisher: McGill-Queen's Press - MQUP
Adams examines the contributions of such major Français libres as René Cassin, Pierre Mendès France, and Jacques Soustelle and explores de Gaulle's troubled relations with Churchill and Roosevelt. The opportunity for Gaullists to offer full membership to the fourth religious family, Algeria's Muslim majority, following the liberation of French North Africa is also considered. In an epilogue, Adams reflects on the impact of Free France's political ecumenism in the postwar era.
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
rediscovering French institutional engineering in the European context
Author: Ton van der Eyden
This study about France, a unique laboratory for Public Management of Society (PMS) for about 20 centuries, offers information to supplement Anglo-American literature. The Fifth Republic, some fields of public policy-making, international relations and the European Union are handled.