Chapter

The Conceptual Background

Roger A. Shiner

in Freedom of Commercial Expression

Published in print November 2003 | ISBN: 9780198262619
Published online March 2012 | e-ISBN: 9780191682353 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262619.003.0017
The Conceptual Background

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The remainder of this book is devoted to defending its primary normative claim, the claim that the commercial expression doctrine has no sound theoretical foundation in political morality. It considers further the terms ‘expression’ and ‘speech’ as they occur in the phrases ‘commercial expression’ and ‘commercial speech’, as well as the pair of terms ‘cover’ and ‘protect’. Colloquially, freedom of expression is typically listed among basic human rights; the phrase ‘right of freedom of expression’ often occurs in judicial opinions and academic commentaries. The Canadian Charter of Rights and Freedoms, on the other hand, distinguishes rights from freedoms. It is important to be clear about freedom of expression as a fundamental value in political morality, and freedom of expression as a constitutional right in a particular institutionalised normative system. This book also presents a taxonomy of rights developed by Meir Dan-Cohen, invoking the distinction between autonomy rights and utility rights, and between original rights and derivative rights.

Keywords: freedom of expression; political morality; commercial speech; constitutional right; autonomy rights; utility rights; original rights; derivative rights

Chapter.  8741 words. 

Subjects: Human Rights and Immigration

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