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Author: Pyeng Hwa Kang
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The law of group defamation is habitually confronted by objections on two fronts. First, in the tort of group defamation, the law requires that the member claiming injury is able to establish that the defamatory statement was "of and concerning" him personally, and thus that the prejudice was subjective and individualized by nature. Courts have traditionally refused to admit cause of action if the involved group was too large. The harm caused by such group-targeting expression is presumed to be somehow lessened by its generalized formulation, defaming the group as a whole as opposed to individual member(s). Therefore, it does not constitute sufficiently individualized harm to an identifying member of the group. Second, on a broader, constitutional level, group libel laws appear to contravene the very order of system of fundamental rights given the reverence freedom of expression commands in democratic societies. The present thesis argues otherwise. The study opines that the harm in group defamation that degrades fundamental characteristics such as race or ethnicity can indeed give rise to individual prejudice because it is a form of harm to identity. In doing so, the study first critically reexamines laws on (group) defamation, related relevant laws, and their constitutional treatment in the American and Canadian legal systems. The thesis offers a new way of reconceptualizing harm in group defamatory speech grounded on an identity-based framework.
Author: Pyeng Hwa Kang
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The law of group defamation is habitually confronted by objections on two fronts. First, in the tort of group defamation, the law requires that the member claiming injury is able to establish that the defamatory statement was "of and concerning" him personally, and thus that the prejudice was subjective and individualized by nature. Courts have traditionally refused to admit cause of action if the involved group was too large. The harm caused by such group-targeting expression is presumed to be somehow lessened by its generalized formulation, defaming the group as a whole as opposed to individual member(s). Therefore, it does not constitute sufficiently individualized harm to an identifying member of the group. Second, on a broader, constitutional level, group libel laws appear to contravene the very order of system of fundamental rights given the reverence freedom of expression commands in democratic societies. The present thesis argues otherwise. The study opines that the harm in group defamation that degrades fundamental characteristics such as race or ethnicity can indeed give rise to individual prejudice because it is a form of harm to identity. In doing so, the study first critically reexamines laws on (group) defamation, related relevant laws, and their constitutional treatment in the American and Canadian legal systems. The thesis offers a new way of reconceptualizing harm in group defamatory speech grounded on an identity-based framework.
Author: Michael Herz
Publisher: Cambridge University Press
ISBN: 1107375614
Category : Law
Languages : en
Pages : 569
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Book Description
The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?
Author: Mona Elbahtimy
Publisher: Cambridge University Press
ISBN: 1108837565
Category : Law
Languages : en
Pages : 231
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Book Description
Provides an explanatory framework for the challenges facing the development of the international norm prohibiting hate speech.
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: Jeremy Waldron
Publisher: Harvard University Press
ISBN: 0674069919
Category : Law
Languages : en
Pages : 271
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Book Description
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, Jeremy Waldron argues powerfully 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 Waldron, 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. Waldron 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, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Author: Jason Miller
Publisher: Columbia University Press
ISBN: 0231554095
Category : Philosophy
Languages : en
Pages : 125
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Book Description
In both politics and art in recent decades, there has been a dramatic shift in emphasis on representation of identity. Liberal ideals of universality and individuality have given way to a concern with the visibility and recognition of underrepresented groups. Modernist and postmodernist celebrations of disruption and subversion have been challenged by the view that representation is integral to social change. Despite this convergence, neither political nor aesthetic theory has given much attention to the increasingly central role of art in debates and struggles over cultural identity in the public sphere. Connecting Hegelian aesthetics with contemporary cultural politics, Jason Miller argues that both the aesthetic and political value of art are found in the reflexive self-awareness that artistic representation enables. The significance of art in modern life is that it shows us both the particular element in humanity as well as the human element in particularity. Just as Hegel asks us to acknowledge how different historical and cultural contexts produce radically different experiences of art, identity-based art calls on its audiences to situate themselves in relation to perspectives and experiences potentially quite remote—or even inaccessible—from their own. Miller offers a timely response to questions such as: How does contemporary art’s politics of perception contest liberal notions of deliberative politics? How does the cultural identity of the artist relate to the representations of cultural identity in their work? How do we understand and evaluate identity-based art aesthetically? Discussing a wide range of works of art and popular culture—from Antigone to Do the Right Thing and The Wire—this book develops a new conceptual framework for understanding the representation of cultural identity that affirms art’s capacity to effect social change.
Author: Joel Feinberg
Publisher: Cambridge University Press
ISBN: 9780521454100
Category : Law
Languages : en
Pages : 384
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Book Description
This 1994 volume contains fifteen essays by leading philosophers exploring themes developed in the work of Joel Feinberg.
Author: Larry May
Publisher: Cornell University Press
ISBN: 150172858X
Category : Philosophy
Languages : en
Pages : 202
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Book Description
What does it mean to be a morally responsible man? Psychology and the law have offered reasons to excuse men for acting aggressively. In these philosophically reflective essays, Larry May argues against standard accounts of traditional male behavior, discussing male anger, paternity, pornography, rape, sexual harassment, the exclusion of women, and what he terms the myth of uncontrollable male sexuality. While refuting the platitudes of the popular men's movement, his book challenges men to reassess and change behavior that has had detrimental effects on the lives of women and of men. In May's view, the key to solving many problems is to understand how individual actions may combine to produce large-scale, harmful consequences. May is eager to reconceptualize male roles in ways that build on men's strength rather than rendering them androgynous. Each chapter in his book suggests strategies to effect changes based on May's views on the nature of moral responsibility. Examining separatism and the socialization of youth in athletics and the military, specifically at Virginia Military Institute and the Citadel, May analyzes the moral implications of the way all-male environments are constructed. Rejecting the standard arguments for them, he speculates about the positive ways they might be used to transform the socialization of young men.
Author: Kermit L. Hall
Publisher: Taylor & Francis
ISBN: 9780815337577
Category : History
Languages : en
Pages : 806
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Book Description
First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Michele D. Ribeiro
Publisher: Routledge
ISBN: 0429663722
Category : Psychology
Languages : en
Pages : 224
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Book Description
A unique blend of theory and practice within the world of group psychotherapy, this text discusses diversity issues in group contexts within the realm of teaching, consulting, and facilitating psychotherapy groups. Chapters present a unique perspective on diversity issues within certain populations, such as prisoners, elite athletes, and high-risk youth, and examine questions around race, language, ability, gender, and the similarities and differences between the leader and their clients. Such examples provide an intricate look into the psychological dynamics that arise within these populations and the skill of group therapists in honoring their clients’ humanity. Readers will appreciate the practical examples of how to navigate difficult dynamics such as microaggressions and the role of compassion as a foundational principle of practice for group therapists.
