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Author: Ivan Hare
Publisher: Oxford University Press, USA
ISBN: 0199548781
Category : Law
Languages : en
Pages : 706
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Book Description
This title considers the constitutionality of hate speech regulation, and examines how liberal democracies have adopted fundamental differences in the way they respond to racist or extreme expressions.
Author: Ivan Hare
Publisher: Oxford University Press, USA
ISBN: 0199548781
Category : Law
Languages : en
Pages : 706
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Book Description
This title considers the constitutionality of hate speech regulation, and examines how liberal democracies have adopted fundamental differences in the way they respond to racist or extreme expressions.
Author: Ivan Hare
Publisher: OUP Oxford
ISBN: 0191610453
Category : Law
Languages : en
Pages : 720
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Book Description
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.
Author: Nathaniel Persily
Publisher: Cambridge University Press
ISBN: 1108835554
Category : Business & Economics
Languages : en
Pages : 365
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Book Description
A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Author: Cherian George
Publisher: MIT Press
ISBN: 0262035308
Category : Political Science
Languages : en
Pages : 328
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Book Description
How right-wing political entrepreneurs around the world use religious offense—both given and taken—to mobilize supporters and marginalize opponents. In the United States, elements of the religious right fuel fears of an existential Islamic threat, spreading anti-Muslim rhetoric into mainstream politics. In Indonesia, Muslim absolutists urge suppression of churches and minority sects, fostering a climate of rising intolerance. In India, Narendra Modi's radical supporters instigate communal riots and academic censorship in pursuit of their Hindu nationalist vision. Outbreaks of religious intolerance are usually assumed to be visceral and spontaneous. But in Hate Spin, Cherian George shows that they often involve sophisticated campaigns manufactured by political opportunists to mobilize supporters and marginalize opponents. Right-wing networks orchestrate the giving of offense and the taking of offense as instruments of identity politics, exploiting democratic space to promote agendas that undermine democratic values. George calls this strategy “hate spin”—a double-sided technique that combines hate speech (incitement through vilification) with manufactured offense-taking (the performing of righteous indignation). It is deployed in societies as diverse as Buddhist Myanmar and Orthodox Christian Russia. George looks at the world's three largest democracies, where intolerant groups within India's Hindu right, America's Christian right, and Indonesia's Muslim right are all accomplished users of hate spin. He also shows how the Internet and Google have opened up new opportunities for cross-border hate spin. George argues that governments must protect vulnerable communities by prohibiting calls to action that lead directly to discrimination and violence. But laws that try to protect believers' feelings against all provocative expression invariably backfire. They arm hate spin agents' offense-taking campaigns with legal ammunition. Anti-discrimination laws and a commitment to religious equality will protect communities more meaningfully than misguided attempts to insulate them from insult.
Author: Adrienne Stone
Publisher:
ISBN: 019882758X
Category : Law
Languages : en
Pages : 609
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Book Description
Explores the key rationales and principles that underpin our understanding of free speech, Provides a comprehensive overview of freedom of speech as a legal principle in national and supranational settings, This volume is divided into three parts, with part one outlining the history of the idea of the freedom of speech. Part two discusses freedom of speech as a legal principle and part three surveys the key controversies in its application. Book jacket.
Author: Arabella Lyon
Publisher: Penn State Press
ISBN: 0271069945
Category : Language Arts & Disciplines
Languages : en
Pages : 359
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Book Description
The twenty-first century is characterized by the global circulation of cultures, norms, representations, discourses, and human rights claims; the arising conflicts require innovative understandings of decision making. Deliberative Acts develops a new, cogent theory of performative deliberation. Rather than conceiving deliberation within the familiar frameworks of persuasion, identification, or procedural democracy, it privileges speech acts and bodily enactments that constitute deliberation itself, reorienting deliberative theory toward the initiating moment of recognition, a moment in which interlocutors are positioned in relationship to each other and so may begin to construct a new lifeworld. By approaching human rights not as norms or laws, but as deliberative acts, Lyon conceives rights as relationships among people and as ongoing political and historical projects developing communal norms through global and cross-cultural interactions.
Author: David Runciman
Publisher: Princeton University Press
ISBN: 0691178135
Category : Political Science
Languages : en
Pages : 424
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Book Description
Why democracies believe they can survive any crisis—and why that belief is so dangerous Why do democracies keep lurching from success to failure? The current financial crisis is just the latest example of how things continue to go wrong, just when it looked like they were going right. In this wide-ranging, original, and compelling book, David Runciman tells the story of modern democracy through the history of moments of crisis, from the First World War to the economic crash of 2008. A global history with a special focus on the United States, The Confidence Trap examines how democracy survived threats ranging from the Great Depression to the Cuban missile crisis, and from Watergate to the collapse of Lehman Brothers. It also looks at the confusion and uncertainty created by unexpected victories, from the defeat of German autocracy in 1918 to the defeat of communism in 1989. Throughout, the book pays close attention to the politicians and thinkers who grappled with these crises: from Woodrow Wilson, Nehru, and Adenauer to Fukuyama and Obama. In The Confidence Trap, David Runciman shows that democracies are good at recovering from emergencies but bad at avoiding them. The lesson democracies tend to learn from their mistakes is that they can survive them—and that no crisis is as bad as it seems. Breeding complacency rather than wisdom, crises lead to the dangerous belief that democracies can muddle through anything—a confidence trap that may lead to a crisis that is just too big to escape, if it hasn't already. The most serious challenges confronting democracy today are debt, the war on terror, the rise of China, and climate change. If democracy is to survive them, it must figure out a way to break the confidence trap.
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
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Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: Anthony Lewis
Publisher: ReadHowYouWant.com
ISBN: 1458758389
Category : History
Languages : en
Pages : 262
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Book Description
More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Author: Anne Applebaum
Publisher: Vintage
ISBN: 0385545819
Category : Political Science
Languages : en
Pages : 166
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Book Description
NATIONAL BESTSELLER • "How did our democracy go wrong? This extraordinary document ... is Applebaum's answer." —Timothy Snyder, author of On Tyranny The Pulitzer Prize–winning historian explains, with electrifying clarity, why elites in democracies around the world are turning toward nationalism and authoritarianism. From the United States and Britain to continental Europe and beyond, liberal democracy is under siege, while authoritarianism is on the rise. In Twilight of Democracy, Anne Applebaum, an award-winning historian of Soviet atrocities who was one of the first American journalists to raise an alarm about antidemocratic trends in the West, explains the lure of nationalism and autocracy. In this captivating essay, she contends that political systems with radically simple beliefs are inherently appealing, especially when they benefit the loyal to the exclusion of everyone else. Elegantly written and urgently argued, Twilight of Democracy is a brilliant dissection of a world-shaking shift and a stirring glimpse of the road back to democratic values.
