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Hate Speech and Democratic Citizenship, by Eric Heinze
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Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combating violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European and international approaches, Heinze offers a new vision of free speech within Western democracies
- Sales Rank: #846111 in Books
- Published on: 2016-04-04
- Original language: English
- Number of items: 1
- Dimensions: 6.40" h x 1.00" w x 9.30" l, 1.30 pounds
- Binding: Hardcover
- 235 pages
Review
Heinze has written a rigorous, stimulating and provocative challenge to all those who advocate hate speech bans in longstanding, stable, prosperous democracies. Essential reading for anyone interested in the subject. (Timothy Garton Ash, University of Oxford)
Advancing an original and sophisticated challenge to hate speech bans that does not fall back on libertarian, marketplace of ideas, or Americanised notions of free expression, Heinze has constructed a compelling challenge to hate speech bans that draws out the vital connection between public discourse and democratic citizenship. Hate Speech and Democratic Citizenship will absorb, inform and provoke. (Ian Cram, University of Leeds)
Just when it seemed that there was not much more that could be usefully added to the long-running debate about the propriety of hate speech bans in democratic societies, Heinze offers new insights and fresh perspectives. Meticulously and fairly engaging the host of arguments in favor of such bans, this comprehensive and erudite work makes a powerful case that such prohibitions are inappropriate in longstanding, stable and prosperous democracies. (James Weinstein, University of Arizona)
Its undeniable merit stems from Heinzes combination of masterly oversight of the current positions and the offer of a rare commodity today: a novel theory of free speech that deserves full attention. I will turn to it for years to come. (Morten Kinander, Norwegian Business School)
Heinze issues several challenges. To liberal political philosophy, which conceives freedom solely in terms of individual rights. To human rights lawyers and judges, who balance an individuals right to speech against the rights of others. And to the reader, who will grapple with Heinzes newly-coined and razor-sharp idioms. By treating free expression within public discourse as an attribute of democracy and citizenship, Heinze has thrown down the gauntlet to a whole range of legal and political actors who approach the same questions from more conventional liberal-legal premises. This ground-breaking book ought to be essential reading for legal philosophers, constitutional scholars, human rights lawyers, democracy theorists, and free speech campaigners. (Jo Murkens, London School of Economics)
Heinze offers a provocative, eloquent and scholarly challenge to those who would ban hate speech from the realm of democratic public discourse. He grounds his opposition to such bans in longstanding, stable and prosperous democraciesnot in the familiar but (he argues) inadequate foundations of individual rights, but in what he takes to be the constitutive requirements of democracy itself. The book thus makes a distinctive contribution not only to the ongoing debates about hate speech, but to democratic theory. (Antony Duff, University of Stirling)
About the Author
Eric Heinze is Professor of Law and Humanities at Queen Mary, University of London. He has worked with the International Commission of Jurists and the UN Sub-Commission on Human Rights, and on private litigation before the United Nations Administrative Tribunal in New York. He is a member of the Bars of New York and Massachusetts, and has advised NGOs on human rights, including Liberty, Amnesty International and the Media Diversity Institute.
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