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Archive for the ‘Law’ Category

On Morally Objectionable Fiction, Japan and the Law

Saturday, May 12th, 2012 by Azarius

A few years ago, Japan took to reviewing its laws in regard to child pornography. As concerned members of the international community who have been made aware of Japan’s lax restrictions in that field of law enforcement, we were initially pleased to hear that progress is being made where it is unquestionably necessary. However, upon discovering that the criminalization of fictional material is presently under consideration for new legislature, we began to fear for Japan’s public image as a nation once standing among peers in liberty and justice, now poised to deprive its people of their most fundamental of human liberties, of which we may be historically reminded of in The Potsdam Declaration:

“Freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights…” (Section 10)

The idea that production, distribution (to adults) or possession of a work entirely comprised of fiction (written, spoken, drawn, etc.), could be a prosecutable offense is a clear violation of human rights as well as freedom of both speech and thought. We of the international community cannot help but be reminded of other countries who have violated their citizens’ freedom of speech [1], when a country such as Japan is threatening to join their ranks.

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A Brief History of Western Obscenity Law

Monday, August 29th, 2011 by Azarius

In economically developed social-democracies, the greatest part of contemporary debates over free speech and censorship revolve around three broad areas: intellectual property, defamation and obscenity. The current opinionated article will focus on obscenity law as a menace to free speech. To better understand this state of affairs, it is required that we examine the relatively short but complex history of obscenity as a legal concept. This history of the concept will focus on two countries: the United Kingdom, birthplace of obscenity law, and the United States, rife with unique legal circumstances which have come about from many controversial precedent-setting cases.

Disclaimer: I am not a lawyer. What is provided here is intended for casual informational purposes only.

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Further Down the Road of Social Insanity

Saturday, August 20th, 2011 by Azarius

Amidst recent developments in obscenity law, yestofreedom‘s sense of purpose was rekindled. During the past year, not only have proponents of stricter obscenity laws remained very active, they have made several significant political and legal gains. Far from rejecting the shoddy and ultimately useless legal framework upon which obscenity laws are built, a number of otherwise “developed” countries have taken a step further towards the criminalization of purely fictional material that is found to be “offensive” to some.

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Fictional Freedom: a Legal Perspective, Part 1

Saturday, February 20th, 2010 by Azarius

A newly active member of yestofreedom and law student, Immigrant88 wrote with the collaboration of myself and other members of the organisation a lengthy article explaining from a legal perspective the flaws of laws censoring “prurient fiction”. More precisely, it uses Professor Lon L. Fuller’s conception of natural law as basis of its arguments.

You can view it below, as well as download it here.

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