Free Speech and the Politics of IdentityOxford University Press, 1999 - 278 páginas 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. |
Índice
Introduction and Methodology | 1 |
Free Speech and the Argument for Toleration | 16 |
The Toleration Model of Free Speech | 22 |
The Argument for Toleration and the Theory | 36 |
Free Speech as a Remedy for Structural Injustice Racism | 121 |
Free Speech as a Remedy for Structural Injustice Sexism | 181 |
Blasphemy Laws | 199 |
The Scope and Limits of Free Speech and the Promise | 229 |
Bibliography | 255 |
275 | |
Palavras e frases frequentes
abolitionist African-Americans Amendment American racism anti-miscegenation laws anti-Semitism appeal argument for toleration basic human rights basic rights censorship claims condemn constitutionally criticism David A. J. Richards defended dehumanizing democratic discourse discussion dissent domain of conviction enforcement entrenched equal respect European evil feminism feminist forms free speech gay and lesbian gay rights gender roles German grounds group libel laws harms hate speech heterosexual Holocaust denial homophobia homosexual human rights ibid inalienable interpretive intimate issues Jews judgements justice Keegstra legitimacy legitimate lesbian moral powers moral slavery normative obscenity one's Oxford University Press political power political theory politics of identity principle of free protection race racial racism reasonable religious remedy of structural repression right against unjust right of free rights of conscience rights-based sectarian sexism stereotypes structural injustice Supreme Court tion tradition uncritical understanding and remedy unjust discrimination unjustly voice W. E. B. Du Bois women York
Referências a este livro
Patriarchal Religion, Sexuality, and Gender: A Critique of New Natural Law Nicholas Bamforth,David A. J. Richards Pré-visualização indisponível - 2007 |