Rather than abstract philosophical discussion or yet another
analysis of legal doctrine, Speech and Silence in American Law
seeks to situate speech and silence, locating them in particular
circumstances and contexts and asking how context matters in
facilitating speech or demanding silence. To understand speech and
silence we have to inquire into their social life and examine the
occasions and practices that call them forth and that give them
meaning. Among the questions addressed in this book are: who is
authorized to speak? And what are the conditions that should be
attached to the speaking subject? Are there occasions that call for
speech and others that demand silence? What is the relationship
between the speech act and the speaker? Taking these questions into
account helps readers understand what compels speakers and what
problems accompany speech without a known speaker, allowing us to
assess how silence speaks and how speech renders the silent more
knowable.
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