Two legal systems founded on similar Enlightenment philosophical
and political values use state coercion differently to regulate a
liberty at the core of the Enlightenment: freedom of expression.
This comparative study of France and the United States proposes a
novel theory of how the limits of freedom of expression are
informed by different revolutionary experiences and constitutional
and political arrangements. Ioanna Tourkochoriti argues that the
different ways freedom of expression is balanced against other
values in France and the United States can be understood in
reference to the role of the government and the understanding of
republicanism and liberty. This understanding affects how jurists
define the content and the limits of a liberty and strike a balance
between liberties in conflict. Exploring both the legal traditions
of the two countries, this study sheds new light on the broader
historical, social and philosophical contexts in which jurists
operate.
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