The Legal Pragmatism of Holmes and his Interpretation of Freedom of Speech: the Use of the Burqa as a Problem of Freedom of Religious Expression
DOI:
https://doi.org/10.5585/rtj.v6i1.474Keywords:
Pragmatism, Human Rights, DemocracyAbstract
The prohibition of using full-face veil necessarily implies the restriction on the expression of thought, religious freedom and privacy. In the legal reasoning of the case of S.A.S. v. France, the European Court of Human Rights recognized the question of freedom as the main legal issue to be analyzed. In this sense, legal pragmatism of Oliver Wendell Holmes Jr. can contribute to the debate on the democratic legitimacy of the decision taken by the European Court of Human Rights, especially in light of its views on freedom of expression and manifestation of thought.