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| Author(s): |
Leonardo Gomes Penteado Rosa
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2014-02-10 |
| Examining board members: |
Ronaldo Porto Macedo Júnior;
Rafael Mafei Rabelo Queiroz;
Júlio Cesar Casarin Barroso Silva
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| Advisor: | Ronaldo Porto Macedo Júnior |
| Abstract | |
This dissertation is dedicated to the interpretation of the right to free speech available in the work of philosopher Ronald Dworkin. In the first chapter, I dwell with the sense in which the author speaks of rights, with the meaning of liberties in his thought, and his effort to integrate them to his conception of distributive justice, namely, equality of resources. The second chapter is dedicated to an important aspect of the authors theory: the continuity between ethics and morals, especially his theory of dignity, either in the form o what he calls the model of challenge or in the form of two principles (of self-respect and authenticity). It also explores the consequences of Dworkins ethical theory to the liberties and integration between it and the value of equality. Then, the third chapter is dedicated more directly to the right of free speech as Dworkin conceives it: integrated to distributive justice and founded in what he calls ethical independence and in the authenticity that marks equality of resources, as well as in a conception of democracy, formed, depending on the terminology he adopts at different works, agency and the principles or dimensions of his partnership conception of democracy. It is also part of the third chapter discussion of concrete cases, where Dworkins generosity towards the right which is the object of the dissertation makes itself evident. I discuss why Dworkin includes in free speech hate speech and pornography but also why, precisely because of its foundation in the dignity of the speaker, does not include freedom of the press, academic freedom and expressive acts by companies. The conclusion of the dissertation is dedicated to his ideas of culture of liberty and culture of independence. (AU) | |
| FAPESP's process: | 11/15618-4 - The egalitarian liberalism of Ronald Dworkin: the case of freedom of speech |
| Grantee: | Leonardo Gomes Penteado Rosa |
| Support Opportunities: | Scholarships in Brazil - Master |