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Puissance et nuisance de l’expression : les conceptions de la liberté d'expression à l'épreuve de la pornographie

Abstract : Acknowledging the fact that the main justification to restrict some forms of expression lies in the harm they may cause to others, this thesis aims at answering the following question: how do we define clear and coherent limits of the freedom of expression? The study of the controversies regarding pornography, and particularly the way in which the concepts of freedom of expression and harm are closely linked together, is an important contribution in order to answer this vast subject. Through the analysis of debates with regard to sexual representations, this thesis aims at gaining a deeper understanding on how the authors were unsuccessful in defining the notion of « harm » in a clear and convincing way, and fail at allowing to set precisely the legitimate limits of freedom of expression. The two alternative theoretical approaches that were identified and established - the instrumental and deontological conceptions of freedom of expression – were not proven to be more satisfactory either. However, this research confirms that the harm principle can be clarified if two previously neglected aspects are included in the analysis: the receiver’s subjectivity, and the authority relationship established between the speaker and the viewer. Thus, it is argued that the harm principle, given that it is modified and completed, remains the most effective and adequate tool in order to ground the limits of freedom of expression.
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Submitted on : Thursday, April 21, 2022 - 2:41:10 PM
Last modification on : Friday, April 22, 2022 - 3:35:26 AM


  • HAL Id : tel-03648370, version 1



Denis Ramond. Puissance et nuisance de l’expression : les conceptions de la liberté d'expression à l'épreuve de la pornographie. Science politique. Institut d'études politiques de Paris - Sciences Po, 2015. Français. ⟨NNT : 2015IEPP0042⟩. ⟨tel-03648370⟩



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