Academic

Solum on Freedom of Communicative Action

By Lawrence Solum

Lawrence B. Solum (your blogger) has posted Freedom of Communicative Action (Northwestern University Law Review, Vol. 83, No. 1 & 2, pp. 54-135) on SSRN. Here is the 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.

Full post as published by Legal Theory Blog on June 03, 2008 (boomark / email).