ABSTRACT

This chapter explores the analysis of the right to intellectual liberty, detailing its scope, structure and the place in law. It describes the Hohfeldian structure of each of the incidents of the right to intellectual liberty. The heliocentric theory had very few adherents when Copernicus advanced the hypothesis. But Galileo's subsequent investigation of it, and of the heavens above him, was certainly justified by the right to intellectual liberty. Despite the heliocentric theory's lack of popularity, this was information directly relevant to people understanding their place in the world. For this reason, among others, it is necessary to treat discoveries of fact in a different manner to artistic and technological creations. The right to intellectual liberty is more than merely the right to self-education. The structure of this right to inform our actions through our knowledge is constituted by the liberty to have our actions be informed by our learning, and an immunity protecting that liberty.