Self-Censorship Through the Eyes of Hong Kong Journalists
Through the narratives of Hong Kong journalists on self-censorship, this paper asks—who is the “self” in “self-censorship”? In the attempt to answer the question, this study highlights the journalists' struggle for autonomy within their media organizations and in society in times of political transition. What is most disturbing in the findings is that some journalists are gradually internalizing the norms set by the ruling regime. This paper, therefore, argues that self censorship is a process of semi-socialization.
Circles of Censorship: Censorship and its Metaphors in French History, Literature, and Theory
The French Revolution of 1789 bequeathed an enduring rhetoric of human rights which made it conventional to declare oneself against censorship and in favour of freedom of expression. But as this book demonstrates, the apparent consensus on this issue in modern France and elsewhere rests on a shaky sense of that rhetoric's history. And while censors have continued to the present day to charge clumsily across delicate moral and political fields, opponents of literary censorship, in particular, have frequently displayed excessive respect for censored material, mistakenly assuming that the censor can be relied upon to identify material that is disturbing, subversive, or true. Circles of Censorship focuses on key episodes in the history of literary censorship in France. It examines the Madame Bovary trial of 1857, and the prosecution a century later of Pauvert, publisher of Sade's complete works. It analyses and criticizes the Freudian-influenced attempts by the Surrealist movement and by Barthes and the Tel Quel group to subvert and evade censorship. Drawing on a wide range of disciplines and approaches including history, literary theory and feminism, Nicholas Harrison presents a provocative and timely critique of the ideas on censorship which resurfaced repeatedly in the discourse of human rights, psychoanalysis and literary culture.
Law in a law-governed union (Recht in einer Rechtsunion) : the Court of Justice of the European Union and the free law doctrine
The Court of Justice of the European Union characterizes the Union as a Rechtsunion: a law-governed union. The conception of “the law” in Article 19 paragraph 1 of the Treaty on European Union transcends the Treaties, according to the Vice-President of the Court of Justice, Koen Lenaerts. This thesis demonstrates with reference to the work of Georg Jellinek that the Union is a non-sovereign state and, with reference to the work of Eugen Ehrlich in particular, that the state-based perception of law is a misperception. Not all production of law is reserved to the state and not all law is state-recognized law. There is extra-state law. It has been alleged that the Court of Justice of the European Union has had “a free law attitude”. The author discusses the free law doctrine developed at the beginning of the twentieth century and has made literal translations of writings in German, French and Italian by the main representatives of the free law movement. The free law doctrine provides a descriptive framework for the case-law of courts. The author describes the creation by the Court of Justice of four constitutional principles of Union law through its case-law. He concludes that every court is, to quote Hermann Kantorowicz, praeter legem law-creatively active and has, in that sense, a free law attitude. The decisions of judges are often volitional decisions. How the law will be applied should be predictable but volitional decisions, because they are unpredictable, are inconsistent with the principle of legal certainty. In the Union and its member states the judiciary and not the statute or “the law” is pre-eminent. The author suggests how the concept of law should be defined in a material Rechtsunion. He argues that societal legal norms could be provided with an appropriate position consistent with the principle of legal certainty by making the validity of a societal legal norm contingent on its material lawfulness.