JAMES WEINSTEIN’s scientific contributions

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Publications (2)


Extreme Speech and Democracy
  • Book

February 2009

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162 Reads

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90 Citations

I. Hare

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J. Weinstein

A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies differ significantly when addressing the permissibility of laws regulating certain kinds of speech, especially extreme speech. In the United States, for instance, the commitment to free speech has been held by the Supreme Court to protect the public expression of even the most noxious racist ideology. In contrast, in almost every other democracy governments enjoy considerable leeway to restrict racist and other types of extreme expression. What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation? Does hate speech regulation violate the core free speech principle constitutive of democracy? Or do values such as the commitment to equality or individual dignity legitimately override the right to free speech in some circumstances? In attempting to answer these and other questions, this book focuses on highly topical issues such as homophobic speech, Holocaust denial, incitement to terrorism, veiling controversies, and the Danish cartoons depicting the Prophet Muhammad. It includes interdisciplinary perspectives from law, philosophy, history, psychology, and literature, and provides comparative perspectives from experts in various countries including Australia, Canada, France, Germany, Hungary, and Israel, as well as from the United States and the United Kingdom.


Citations (1)


... We often need a lot of 'thick description' of some phenomena of normative interest before we can really sort out our relevant normative ideas about that phenomenon. We might, for example, start with a potential normative problem, such as the role of extremist political movements in democratic societies, and see, just from our basic depiction of such movements, that they raise certain issues of free speech, democratic inclusion, toleration, and so on (Hare and Weinstein 2009). But we may feel that we simply do not know enough about the normatively relevant features of such movements to start making any meaningful normative inferences. ...

Reference:

Comparative Historical Analysis in Political Theory
Extreme Speech and Democracy
  • Citing Book
  • February 2009