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Author: David A. J. Richards
Publisher: Oxford University Press, USA
ISBN: 9780198298861
Category : Language Arts & Disciplines
Languages : en
Pages : 296
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Book Description
Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia.
Author: David A. J. Richards
Publisher: Oxford University Press, USA
ISBN: 9780198298861
Category : Language Arts & Disciplines
Languages : en
Pages : 296
Get Book Here
Book Description
Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia.
Author: Suzanne Whitten
Publisher: Springer Nature
ISBN: 3030786315
Category : Political Science
Languages : en
Pages : 249
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Book Description
This book offers the first comprehensive philosophical examination of the free speech ‘battles’ of the last decade, arguing for a critical republican conception of civility as an explanatory and prescriptive solution. Issues such as no-platforming and safe spaces, the increasing influence of Far-Right rhetoric on internet forums, the role of Twitter as a site of activist struggles, and the moral panics that surround ill-judged comments made by public figures, all provide a new set of challenges for society which demand a careful critical analysis. The author proposes a 'republican theory' of free speech, demonstrating how a conception of ‘critical’ civility, one which combines the importance of expressive respect with the responsibilities of contestation and vigilance, is required if we are to combat some of the most contentious speech-related conflicts facing contemporary society today.
Author: Paul Andrew Passavant
Publisher:
ISBN:
Category :
Languages : en
Pages : 778
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Book Description
Author: Sigal R. Ben-Porath
Publisher: University of Pennsylvania Press
ISBN: 0812250079
Category : Education
Languages : en
Pages : 136
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Book Description
In Free Speech on Campus, political philosopher Sigal Ben-Porath offers a useful framework for thinking about free-speech controversies surrounding trigger warnings, safe spaces, and speech that verges on hate. Everyone with a stake in campus debates will find something valuable in her illuminating discussion of these critical issues.
Author: Gary J. Jacobsohn
Publisher: Harvard University Press
ISBN: 0674047664
Category : Law
Languages : en
Pages : 389
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Book Description
"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.
Author: Francis Fukuyama
Publisher: Farrar, Straus and Giroux
ISBN: 0374717486
Category : Political Science
Languages : en
Pages : 203
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Book Description
The New York Times bestselling author of The Origins of Political Order offers a provocative examination of modern identity politics: its origins, its effects, and what it means for domestic and international affairs of state In 2014, Francis Fukuyama wrote that American institutions were in decay, as the state was progressively captured by powerful interest groups. Two years later, his predictions were borne out by the rise to power of a series of political outsiders whose economic nationalism and authoritarian tendencies threatened to destabilize the entire international order. These populist nationalists seek direct charismatic connection to “the people,” who are usually defined in narrow identity terms that offer an irresistible call to an in-group and exclude large parts of the population as a whole. Demand for recognition of one’s identity is a master concept that unifies much of what is going on in world politics today. The universal recognition on which liberal democracy is based has been increasingly challenged by narrower forms of recognition based on nation, religion, sect, race, ethnicity, or gender, which have resulted in anti-immigrant populism, the upsurge of politicized Islam, the fractious “identity liberalism” of college campuses, and the emergence of white nationalism. Populist nationalism, said to be rooted in economic motivation, actually springs from the demand for recognition and therefore cannot simply be satisfied by economic means. The demand for identity cannot be transcended; we must begin to shape identity in a way that supports rather than undermines democracy. Identity is an urgent and necessary book—a sharp warning that unless we forge a universal understanding of human dignity, we will doom ourselves to continuing conflict.
Author: Arnold Kling
Publisher:
ISBN: 9781948647427
Category : Philosophy
Languages : en
Pages : 150
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Book Description
Now available in its 3rd edition, with new commentary on political psychology and communication in the Trump era, Kling's book could not be any more timely, as Americans--whether as media pundits or conversing at a party--talk past one another with even greater volume, heat, and disinterest in contrary opinions.The Three Languages of Politics it is a book about how we communicate issues and our ideologies, and how language intended to persuade instead divides.
Author: Geoffrey R. Stone
Publisher: Oxford University Press, USA
ISBN: 0190841370
Category : Law
Languages : en
Pages : 377
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Book Description
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
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Book Description
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Author: Julie Seaman
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
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Book Description
The scholarly debate over hate speech regulation has often been characterized as a clash of absolutes, an irreconcilable conflict between the values of free speech and equality. In this Essay, which focuses on the college and university context, I consider whether the findings of social and cognitive psychology research might have the potential to shift the hate speech debate such that some areas of common ground come into view. Relying on insights from the substantial body of research that demonstrates that individual behavior is strongly influenced (often unconsciously) by situational factors, this Essay proposes that universities can - and should - consider ways in which to structure their social and physical environments so as to minimize harmful, antisocial speech and maximize prosocial, productive speech. Such an approach would avoid the heavy-handed censorship most objectionable to strong free speech advocates, while at the same time recognizing the social constructionist insight that belief and behavior are profoundly influenced by cultural practices, language, and images.
