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Hate Speech Law: A Philosophical Examination

Hate Speech Law: A Philosophical Examination

Paperback

Series: Routledge Studies in Contemporary Philosophy

PhilosophyGeneral LawGeneral Political Science

ISBN10: 113806274X
ISBN13: 9781138062740
Publisher: Routledge
Published: Apr 27 2017
Pages: 362
Weight: 1.12
Height: 0.78 Width: 6.00 Depth: 9.00
Language: English

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect).

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Brown, Alex

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Philosophy