Author: Steven H. Shiffrin
Publisher: Princeton University Press
ISBN: 1400822963
Category : Law
Languages : en
Pages : 219
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Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: Ronald K. L. Collins
Publisher: Cambridge University Press
ISBN: 1107067065
Category : Law
Languages : en
Pages : 201
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Book Description
America values dissent. It tolerates, encourages and protects it. But what is this thing we value? That is a question never asked. 'Dissent' is treated as a known fact. For all that has been said about it - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal or cultural meanings or usages. There is a need to develop some clarity about this phenomenon, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
Author: Steven H. Shiffrin
Publisher: Princeton University Press
ISBN: 0691070237
Category : Language Arts & Disciplines
Languages : en
Pages : 219
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Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: Ralph F. Young
Publisher:
ISBN:
Category : Democracy
Languages : en
Pages : 0
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Book Description
Author: Tommie Shelby
Publisher: Harvard University Press
ISBN: 0674970500
Category : Philosophy
Languages : en
Pages : 353
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Book Description
Winner of the Spitz Prize, Conference for the Study of Political Thought Winner of the North American Society for Social Philosophy Book Award Why do American ghettos persist? Scholars and commentators often identify some factor—such as single motherhood, joblessness, or violent street crime—as the key to solving the problem and recommend policies accordingly. But, Tommie Shelby argues, these attempts to “fix” ghettos or “help” their poor inhabitants ignore fundamental questions of justice and fail to see the urban poor as moral agents responding to injustice. “Provocative...[Shelby] doesn’t lay out a jobs program or a housing initiative. Indeed, as he freely admits, he offers ‘no new political strategies or policy proposals.’ What he aims to do instead is both more abstract and more radical: to challenge the assumption, common to liberals and conservatives alike, that ghettos are ‘problems’ best addressed with narrowly targeted government programs or civic interventions. For Shelby, ghettos are something more troubling and less tractable: symptoms of the ‘systemic injustice’ of the United States. They represent not aberrant dysfunction but the natural workings of a deeply unfair scheme. The only real solution, in this way of thinking, is the ‘fundamental reform of the basic structure of our society.’” —James Ryerson, New York Times Book Review
Author: Richard Delgado
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
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Book Description
Under the influence of radical feminism and critical race theory, the last remnant of 1890s mechanical jurisprudence is beginning to give way to a view of speech that is flexible, policy-sensitive, and mindful of communication theory, politics, and setting. Steven Shiffrin's Dissent, Injustice, and the Meanings of America is a welcome addition to this emerging quot;First Amendment legal realismquot; vein of scholarship.This Review begins in Part I by outlining Shiffrin's book, paying particular attention to its principal themes of flexibility of analysis on the procedural side and encouragement of citizen participation and dissent on the substantive side. As Part II will make plain, an interpretation of First Amendment law that places dissent at its center and protects speech insofar as it takes the form of dissent offers a vital corrective to social apathy and domination by big corporations. Nevertheless, any approach to free speech law that emphasizes (even flexibly) a single variable has overtones of the old formalist approach and is apt to work injustice in certain cases. In particular, Part II, which focuses on Shiffrin's treatment of hate speech, shows that, although he comes to the correct general conclusion by way of his dissent-based approach, Shiffrin loses nuance by framing the problem in that fashion. Part III outlines additional features that future realist analysis should consider. Part IV draws on all of the above to posit a number of practical solutions to the problem of regulating hate speech. The book review concludes with some lessons that realist First Amendment scholars should draw from Shiffrin's book, both from its formidable strengths as well as from its occasional lapses.
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1107014239
Category : Law
Languages : en
Pages : 251
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Book Description
Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 047202552X
Category : Law
Languages : en
Pages : 200
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Book Description
Dissent in Dangerous Times presents essays by six distinguished scholars, who provide their own unique views on the interplay of loyalty, patriotism, and dissent. While dissent has played a central role in our national history and in the American cultural imagination, it is usually dangerous to those who practice it, and always unpalatable to its targets. War does not encourage the tolerance of opposition at home any more than it does on the front: if the War on Terror is to be a permanent war, then the consequences for American political freedoms cannot be overestimated. "Dissent in Dangerous Times examines the nature of political repression in liberal societies, and the political and legal implications of living in an environment of fear. This profound, incisive, at times even moving volume calls upon readers to think about, and beyond, September 11, reminding us of both the fragility and enduring power of freedom." --Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School. Contributors to this volume Lauren Berlant Wendy Brown David Cole Hugh Gusterson Nancy L. Rosenblum Austin Sarat
Author: Howard Zinn
Publisher: Harper Collins
ISBN: 9780060528423
Category : History
Languages : en
Pages : 764
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Book Description
Since its original landmark publication in 1980, A People's History of the United States has been chronicling American history from the bottom up, throwing out the official version of history taught in schools -- with its emphasis on great men in high places -- to focus on the street, the home, and the, workplace. Known for its lively, clear prose as well as its scholarly research, A People's History is the only volume to tell America's story from the point of view of -- and in the words of -- America's women, factory workers, African-Americans, Native Americans, the working poor, and immigrant laborers. As historian Howard Zinn shows, many of our country's greatest battles -- the fights for a fair wage, an eight-hour workday, child-labor laws, health and safety standards, universal suffrage, women's rights, racial equality -- were carried out at the grassroots level, against bloody resistance. Covering Christopher Columbus's arrival through President Clinton's first term, A People's History of the United States, which was nominated for the American Book Award in 1981, features insightful analysis of the most important events in our history. Revised, updated, and featuring a new after, word by the author, this special twentieth anniversary edition continues Zinn's important contribution to a complete and balanced understanding of American history.
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1107378990
Category : Law
Languages : en
Pages : 251
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Book Description
Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
