Northwestern University Law Review 83 (1):54-135 (1989)

Authors
Lawrence B. Solum
Georgetown University
Abstract
The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal behavior through rational understanding. Communicative action is distinguished from strategic action--the use of communication to manipulate, deceive, or coerce. Part I offers an introduction. Part II outlines a hermeneutic approach to interpretation of the First Amendent. Part III explores and criticizes existing theories of the freedom of speech. Part IV explicates Habermas's theory of communicative action. Part V developes a theory of the freedom of expression based on Habermas's theory of communication. Part VI applies that theory to particular problems in free speech doctrine. Part VII draws some conclusions about the implications of this exercise for the development of doctrine and the theory of communicative action. "Freedom of Communicative Action" was published in 1989, and some of the views expressed in the article are no longer affirmed by the author.
Keywords freedom of speech  Habermas  freedom of expression  communicative action  equality of communicative opportunity  ideal speech situation
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 63,323
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Introduction: Law in Habermas's Theory of Communicative Action.Mathieu Deflem - 1994 - Philosophy and Social Criticism 20 (4):1-20.
Habermas, Modernity and Law: A Bibliography.Mathieu Deflem - 1994 - Philosophy and Social Criticism 20 (4):151-166.

Add more citations

Similar books and articles

What Cannot Be Said: Speech and Violence.Johan Siebers - 2010 - Journal of Global Ethics 6 (2):89-102.
Collective Goals and Communicative Action.Raimo Tuomela - 2002 - Journal of Philosophical Research 27:29-64.
II. Reply to Skjei∗.Jürgen Habermas - 1985 - Inquiry: An Interdisciplinary Journal of Philosophy 28 (1-4):105-113.
What is a Validity Claim?Joseph Heath - 1998 - Philosophy and Social Criticism 24 (4):23-41.
I. A Comment on Performative, Subject, and Proposition in Habermas's Theory of Communication.Erling Skjei - 1985 - Inquiry: An Interdisciplinary Journal of Philosophy 28 (1-4):87 – 105.

Analytics

Added to PP index
2009-01-28

Total views
48 ( #222,282 of 2,448,729 )

Recent downloads (6 months)
2 ( #301,447 of 2,448,729 )

How can I increase my downloads?

Downloads

My notes