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Law and Disorder

NCJ Number
122380
Journal
Indiana Law Journal Volume: 64 Issue: 4 Dated: (Fall 1989) Pages: 803-830
Author(s)
R W Gordon
Date Published
1989
Length
28 pages
Annotation
This article compares and contrasts how the British and American legal systems deal with questions of public order and freedom of speech.
Abstract
The conservative approach to public order, as characterized by British law, is based on respect for authority and is promoted through socializing agencies such as schools and churches. The revisionary or American approach, on the other hand, is continually innovating and altering the norms of public order by pushing at the boundaries defining free speech. The ways in which the British and American legal systems balance the need for order and freedom of expression are discussed in detail. The article concludes that, paradoxically, genuine political innovation and institutional creativity tend to arise in response to repression. 116 footnotes.