言论自由权:理论和法律方面

V. Pankratova
{"title":"言论自由权:理论和法律方面","authors":"V. Pankratova","doi":"10.24144/2788-6018.2024.02.11","DOIUrl":null,"url":null,"abstract":"The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. \nDocuments were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. \nThe author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding \"freedom of speech” are described. \nIt was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. \nThe article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 3","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The right to freedom of speech: theoretical and legal aspect\",\"authors\":\"V. Pankratova\",\"doi\":\"10.24144/2788-6018.2024.02.11\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. \\nDocuments were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. \\nThe author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding \\\"freedom of speech” are described. \\nIt was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. \\nThe article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.\",\"PeriodicalId\":227965,\"journal\":{\"name\":\"Analytical and Comparative Jurisprudence\",\"volume\":\" 3\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-05-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Analytical and Comparative Jurisprudence\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24144/2788-6018.2024.02.11\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analytical and Comparative Jurisprudence","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24144/2788-6018.2024.02.11","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

文章将自由权定义为人类生存中的一个重要角色,因为它允许公民积极参与国家政治生活并形成公众舆论。作者指出,言论自由权有着古老的历史渊源。作者分析了宣布言论自由原则的文件,特别是《自由大宪章》(1215 年)、《权利法案》(1689 年)、《独立宣言》(1776 年)、《人和公民的权利宣言》(1789 年)、《世界人权宣言》(1948 年)、《公民权利和政治权利国际公约》(1966 年)及其他法案。本文强调,这些文件成为现代民主国家发展言论自由权的基础,并为自由表达意见而不受当局迫害提供了机会。文章特别关注国内对言论自由权的规定。作者指出,在许多法律体系中,言论自由是人权和公民权利的重要组成部分之一。这一问题的理论方面包括分析不同的方法和概念,以理解这一主观法律权利的本质和范围。阐述了理解 "言论自由 "的哲学基础和法律方法。确定了言论自由权不是绝对的,可能会受到限制。作品列举了概述的权利可能受到限制的情况。作者强调,可能的限制必须合法,在民主社会中是必要的,并符合相称性原则。文章总结道,言论自由历来是一项基本人权,是个人法律地位的基础。没有言论自由,民主国家根本无法运作。但同时也应考虑到,言论自由不仅是一项权利,也是使用这项权利的人的一项责任。要确保言论自由得到充分保护,就必须将国际标准、国家立法和不断适应现代现实结合起来。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The right to freedom of speech: theoretical and legal aspect
The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. Documents were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. The author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding "freedom of speech” are described. It was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. The article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信