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Author: Anushka Singh
Publisher: Oxford University Press
ISBN: 019909182X
Category : Political Science
Languages : en
Pages : 444
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Book Description
Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracy. The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspective from England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.
Author: Anushka Singh
Publisher: Oxford University Press
ISBN: 019909182X
Category : Political Science
Languages : en
Pages : 444
Get Book Here
Book Description
Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracy. The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspective from England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.
Author: Sarah Sorial
Publisher: Routledge
ISBN: 1136639829
Category : Law
Languages : en
Pages : 236
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Book Description
This book employs the theoretical framework of ‘speech act theory’ to analyse current legislative frameworks and cases pertaining to sedition or the advocacy of violence and the issue of freedom of speech. An analysis of the relation between speech and action offers a promising way of clarifying confusion over the contested status of speech, which advocates violence as a political strategy. This account reflects an understanding of philosophical issues about both the nature of freedom and speech and how these issues can be applied to concrete legal problems. This approach will shed new light on the problems of the sedition laws and how they might be remedied by providing a conceptual account of the nature of speech and its relation to action. On the basis of J.L Austin’s account of verdictive and exercitive speech acts, it is argued that while all speech acts are ‘conduct’ in a narrow sense, not all of them have the power to produce effects. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can evoke or constitute action or conduct in certain circumstances, modern versions of sedition laws might in principle be defensible, but not in their current form. On the basis of this account, it is argued that the harms caused or constituted by speech can be located in the authority of the speaker. Sedition and Violence Against the State: Free Speech and Counter-Terrorism will be of interest to students and scholars of philosophy of law and legal theory.
Author: Janet Coleman
Publisher:
ISBN:
Category : History
Languages : en
Pages : 252
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Book Description
From the involuntary martyrdom of Socrates to the voluntary martyrdom of the Christians in the Roman Empire, Janet Coleman examines the many different approaches to sedition and rebellion across the globes and the centuries.
Author: Gautam Bhatia
Publisher: Oxford University Press
ISBN: 0199089523
Category : Law
Languages : en
Pages : 452
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Book Description
Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.
Author: Weitseng Chen
Publisher: Cambridge University Press
ISBN: 1108496687
Category : Business & Economics
Languages : en
Pages : 409
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Book Description
Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
Author: Anupama Roy
Publisher: Springer
ISBN: 9789811538988
Category : Political Science
Languages : en
Pages : 234
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Book Description
This book examines a selection of themes that have become salient in contemporary debates on constitutional democracies. It focuses in particular on the experiences of India and Germany as examples of post-war and post-colonial constitutional democracies whose trajectories illustrate democratic transitions and transformative constitutionalism. While transformative constitutionalism has come to be associated specifically with the post-apartheid experience in South Africa, this book uses the transformative as an analytical framework to transcend the dichotomy of west and east and explore how temporally coincident constitutions have sought to install constitutional democracies by breaking with the past. While the constitution-making processes in the two countries were specific to their political contexts, the constitutional promises and futures converged. In this context, the book explores the themes of Constitutionalism, Nationalism, Secularism, Sovereignty and Rule of Law, Freedoms and Rights, to investigate how the contestations over democratic transitions and democratic futures have unfolded in the two democracies. It offers readers valuable insights into how the normative frameworks of constitutional democracy take concrete form at specific sites of democratic and constitutional imagination in Dalit and Islamic writings, as well as the relationship between state and religion in the writings of public intellectuals, political and legal philosophers. The book also focuses on specific sites of contestation in democracies including the relationship between sovereignty and citizenship in post-colonial India, free speech and sedition in liberal democracies, questions of land rights in connection with economic and political changes in contemporary contexts, and the rights of indigenous communities with regard to international conventions and domestic law. Given its scope, it will be of interest to students and scholars of political theory, political philosophy, comparative constitutionalism, law and human rights.
Author: Jonah Goldberg
Publisher: Crown Forum
ISBN: 0385517696
Category : Political Science
Languages : en
Pages : 272
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Book Description
“Fascists,” “Brownshirts,” “jackbooted stormtroopers”—such are the insults typically hurled at conservatives by their liberal opponents. Calling someone a fascist is the fastest way to shut them up, defining their views as beyond the political pale. But who are the real fascists in our midst? Liberal Fascism offers a startling new perspective on the theories and practices that define fascist politics. Replacing conveniently manufactured myths with surprising and enlightening research, Jonah Goldberg reminds us that the original fascists were really on the left, and that liberals from Woodrow Wilson to FDR to Hillary Clinton have advocated policies and principles remarkably similar to those of Hitler's National Socialism and Mussolini's Fascism. Contrary to what most people think, the Nazis were ardent socialists (hence the term “National socialism”). They believed in free health care and guaranteed jobs. They confiscated inherited wealth and spent vast sums on public education. They purged the church from public policy, promoted a new form of pagan spirituality, and inserted the authority of the state into every nook and cranny of daily life. The Nazis declared war on smoking, supported abortion, euthanasia, and gun control. They loathed the free market, provided generous pensions for the elderly, and maintained a strict racial quota system in their universities—where campus speech codes were all the rage. The Nazis led the world in organic farming and alternative medicine. Hitler was a strict vegetarian, and Himmler was an animal rights activist. Do these striking parallels mean that today’s liberals are genocidal maniacs, intent on conquering the world and imposing a new racial order? Not at all. Yet it is hard to deny that modern progressivism and classical fascism shared the same intellectual roots. We often forget, for example, that Mussolini and Hitler had many admirers in the United States. W.E.B. Du Bois was inspired by Hitler's Germany, and Irving Berlin praised Mussolini in song. Many fascist tenets were espoused by American progressives like John Dewey and Woodrow Wilson, and FDR incorporated fascist policies in the New Deal. Fascism was an international movement that appeared in different forms in different countries, depending on the vagaries of national culture and temperament. In Germany, fascism appeared as genocidal racist nationalism. In America, it took a “friendlier,” more liberal form. The modern heirs of this “friendly fascist” tradition include the New York Times, the Democratic Party, the Ivy League professoriate, and the liberals of Hollywood. The quintessential Liberal Fascist isn't an SS storm trooper; it is a female grade school teacher with an education degree from Brown or Swarthmore. These assertions may sound strange to modern ears, but that is because we have forgotten what fascism is. In this angry, funny, smart, contentious book, Jonah Goldberg turns our preconceptions inside out and shows us the true meaning of Liberal Fascism.
Author: Takis S. Pappas
Publisher: Oxford University Press
ISBN: 0192574892
Category : Political Science
Languages : en
Pages : 336
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Book Description
Populism and Liberal Democracy is the first book to offer a comprehensive theory about populism during both its emergence and consolidation phases in three geographical regions: Europe, Latin America and the United States. Based on the detailed comparison of all significant cases of populist governments (including Argentina, Greece, Peru, Italy, Venezuela, Ecuador, Hungary, and the U.S.) and two cases of populist failure (Spain and Brazil), each of the book's seven chapters addresses a specific question: What is populism? How to distinguish populists from non-populists? What causes populism? How and where does populism thrive? How do populists govern? Who is the populist voter? How does populism endanger democracy? If rising populism is a threat to liberal democratic politics, as this book clearly shows, it is only by answering the questions it posits that populism may be resisted successfully.
Author: Zoya Hasan
Publisher: Oxford University Press
ISBN: 0199091862
Category : Social Science
Languages : en
Pages : 227
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Book Description
The past few years have seen the street emerge as one of the most volatile and engaging sites of a politics in flux. Mass protests, widespread networks, and quick mobilization in the age of social media have instilled a new life in protests and agitations, engendering an entirely new brand of rights agenda in India today. Grassroots activism along with organized, collective action has influenced several landmark legislations, often resulting in progressive outcomes and policies. Agitation to Legislation finds that such a progression is not so sudden. It examines ways in which social mobilizations influence legislative trajectory, opening up modes of direct engagement between the state and its citizens, between the government and the governed. It simultaneously focuses on political actors and processes that help expand rights and accountability and at the same time resist any attempt to increase representation of under-represented groups. Positive outcomes have depended on political responses and party strategies, either appropriating or reinforcing or disregarding the scale and intensity of public protests and collective action.
Author: Amit Ahuja
Publisher: Oxford University Press
ISBN: 0190916451
Category : Political Science
Languages : en
Pages : 256
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Book Description
India's over 200 million Dalits, once called "untouchables," have been mobilized by social movements and political parties, but the outcomes of this mobilization are puzzling. Dalits' ethnic parties have performed poorly in elections in states where movements demanding social equality have been strong while they have succeeded in states where such movements have been entirely absent or weak. In Mobilizing the Marginalized, Amit Ahuja demonstrates that the collective action of marginalized groups--those that are historically stigmatized and disproportionately poor ED is distinct. Drawing on extensive original research conducted across four of India's largest states, he shows, for the marginalized, social mobilization undermines the bloc voting their ethnic parties' rely on for electoral triumph and increases multi-ethnic political parties' competition for marginalized votes. He presents evidence showing that a marginalized group gains more from participating in a social movement and dividing support among parties than from voting as a bloc for an ethnic party.
