The Politics Of Hate Speech Law
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The Politics Of Hate Speech Laws
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Author : Alexander Brown
language : en
Publisher: Routledge
Release Date : 2019-09-18
The Politics Of Hate Speech Laws written by Alexander Brown and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-18 with Law categories.
This book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international hate speech frameworks or instruments? What are some of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary, and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law.
The Politics Of Hate Speech Law
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Author : Alexander Brown
language : en
Publisher:
Release Date : 2020
The Politics Of Hate Speech Law written by Alexander Brown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Hate Politics Law
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Author : Thomas Brudholm
language : en
Publisher: Oxford University Press
Release Date : 2018
Hate Politics Law written by Thomas Brudholm and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Hate, Politics, Law: Critical Perspectives on Combating of Hate offers a critical exploration and assessment of the basic assumptions, ideals, and agendas behind the modern fight against hate. The essays in this volumes explore these issues and provide a range of explanatory and normative perspectives on the awkward relationship between hate and liberal democracy.
Hate Speech Law
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Author : Alex Brown
language : en
Publisher: Routledge
Release Date : 2015-03-05
Hate Speech Law written by Alex Brown and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-05 with Philosophy categories.
Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Hate Crimes
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Author : James B. Jacobs
language : en
Publisher: Oxford University Press
Release Date : 2000-12-28
Hate Crimes written by James B. Jacobs and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-28 with Social Science categories.
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
Hate Speech And Freedom Of Speech In Australia
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Author : Katharine Gelber
language : en
Publisher: Federation Press
Release Date : 2007
Hate Speech And Freedom Of Speech In Australia written by Katharine Gelber and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Juvenile Nonfiction categories.
Hate speech laws have existed in various forms in Australia for well over a decade. Unlike other countries, such as the United States and Canada, they have not faced constitutional hurdles to their existence. The general acceptance of hate speech laws in Australia opens intellectual space for the exploration of a range of interesting questions regarding the laws' operation, the underlying values they pursue and the context within which hate speech is occurring. How should the regulation of hate speech be balanced against Australia's political and cultural commitment to freedom of speech? Who are the hate speakers and how does their speech manifest? What types of hate speech are targeted by existing laws? How are these laws enforced? How can the laws be changed to improve governments' response to hate speech? How does the emergence of bills of rights affect the regulation of hate speech? Drawing on a broad range of academic and practical experts, this book addresses these questions. The essays in first part of this book outline the landscape within which hate speech regulation occurs. They include consideration of the legal, policy and historical context for vilification, the ways in which the language of hatred is changing, and a new look at the longstanding debate about the tension between freedom of speech and hate speech as a conflict between liberty and equality. In part two, the book considers the practice of hate speech regulation in a variety of Australian institutions and includes practical perspectives from the legal profession. In the final part the essays consider hate speech regulation within a broader human rights framework, taking into account the emergence of bills of rights in Australian states.
The Harm In Hate Speech
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Author : Jeremy Waldron
language : en
Publisher: Harvard University Press
Release Date : 2012-06-04
The Harm In Hate Speech written by Jeremy Waldron and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-04 with Law categories.
Every liberal democracy has laws or codes against hate speech, except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, the author argues that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense, by depicting a religious leader as a terrorist in a newspaper cartoon, for example, is not the same as launching a libelous attack on a group's dignity, according to the author, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. The author finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, he asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Extreme Speech And Democracy
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Author : Ivan Hare
language : en
Publisher: OUP Oxford
Release Date : 2010-11-18
Extreme Speech And Democracy written by Ivan Hare and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-18 with Law categories.
A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speech and other forms of extreme expression, and examines the following questions: What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Has the traditional US position on extreme expression justifiably not found favour elsewhere? Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances? With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.
Online Political Hate Speech In Europe
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Author : Giovanni Ziccardi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-08-28
Online Political Hate Speech In Europe written by Giovanni Ziccardi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-28 with Political Science categories.
Thought-provoking and timely, this book addresses the increasingly widespread issue of online political hatred in Europe. Taking an interdisciplinary approach, it examines both the contributions of new technologies, in particular social networks, to the rise of this phenomenon, and the legal and political contexts in which it is taking place. Giovanni Ziccardi also evaluates possible remedies for the situation, including both legal and technological solutions, and outlines the potential for a unified European framework to counter the spread of hatred online.
The Inherent Danger Of Hate Speech Legislation
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Author : Andrea Scheffler
language : en
Publisher:
Release Date : 2015
The Inherent Danger Of Hate Speech Legislation written by Andrea Scheffler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.