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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: 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: Stanley Fish
Publisher: Oxford University Press
ISBN: 0198024193
Category : Literary Criticism
Languages : en
Pages : 345
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Book Description
In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.
Author: Lee C. Bollinger
Publisher:
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: Torben Bech Dyrberg
Publisher: Cambridge Scholars Publishing
ISBN: 9781527550568
Category :
Languages : en
Pages : 295
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Book Description
This book outlines significant traits of radical leftist identity politics. In this type of discourse, arguments are organized around global friend/enemy schemes in ways that are at odds with the right/left matrix of democracy. This is shown by combining discourse analysis of how leftist critics argue in public debates centred on their reactions to the Charlie Hebdo massacre in 2015 and theoretical discussions on leftist identity politics orbiting around Schmitt, Marcuse and Mouffe. It is argued that the friend/enemy approach sacrifices the egalitarian and libertarian core values of the Left, leading it to adopt positions used to brand the reactionary Right. It also holds that leftist identity politics undermines democracy by moralizing enmity and stigmatizing dissent, and by promoting an elitist and relativist agenda. Against this background, the book looks at the nature of the right/left distinction and its political functions in modern democracy. This is further elaborated in relation to the works of Foucault and Rawls's analyses of parrhesia (free speech) and public reason, which provide a more fruitful approach to right/left and democracy than those based on enmity. For Foucault and Rawls, a vibrant pluralist democracy relies on the autonomy of politics, which secures a space in which citizens are free and equal, which is crucial for free speech and assembly. They focus on issues related to the autonomy of politics and the freestanding nature of public reason; right/left as lateral political orientation coupled with fairness as political justification and the links between regime form and political community as decisive for democracy.
Author: Jamal Greene
Publisher: Mariner Books
ISBN: 1328518116
Category : Business & Economics
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
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: 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: Mark Lilla
Publisher: Oxford University Press
ISBN: 1849049955
Category : Political Science
Languages : en
Pages : 158
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Book Description
For nearly 40 years, Ronald Reagan's vision--small government, lower taxes, and self-reliant individualism--has remained America's dominant political ideology. The Democratic Party has offered no truly convincing competing vision. Instead, American liberalism has fallen under the spell of identity politics.Mark Lilla argues with acerbic wit that liberals, originally driven by a sincere desire to protect the most vulnerable Americans, have now unwittingly invested their energies in social movements rather than winning elections. This abandonment of political priorities has had dire consequences. But, with the Republican Party led by an unpredictable demagogue and in ideological disarray, Lilla believes liberals now have an opportunity to turn from the divisive politics of identity, and offer positive ideas for a shared future. A fiercely-argued, no-nonsense book, The Once and Future Liberal is essential reading for our momentous times.
Author: Gavan Titley
Publisher: John Wiley & Sons
ISBN: 1509536175
Category : Social Science
Languages : en
Pages : 114
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Book Description
The question of free speech is never far from the headlines and frequently declared to be in crisis. Starting from the observation that such debates so often focus on what can and cannot be said in relation to race, Gavan Titley asks why racism has become so central to intense disputes about the status and remit of freedom of speech. Is Free Speech Racist? moves away from recurring debates about the limits of speech to instead examine how the principle of free speech is marshalled in today’s multicultural and intensively mediated societies. This involves tracing the ways in which free speech has been mobilized in far-right politics, in the recycling of ‘race realism’ and other discredited forms of knowledge, and in the politics of immigration and integration. Where there is intense political contestation and public confusion as to what constitutes racism and who gets to define it, ‘free speech’ has been adopted as a primary mechanism for amplifying and re-animating racist ideas and racializing claims. As such, contemporary free speech discourse reveals much about the ongoing life of race and racism in contemporary society.
