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 and practical considerations . 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. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

I take it that liberal justice recognises special protections against the restriction of speech and expression; this is what I call the Free Speech Principle. I ask if this Principle includes speech acts which might broadly be termed ‘hate speech’, where ‘includes’ is sensitive to the distinction between coverage and protection , and between speech that is regulable and speech that should be regulated . I suggest that ‘hate speech’ is too broad a designation to be usefully analysed as a (...) single category, since it includes many different kinds of speech acts, each of which involves very different kinds of free speech interests, and may cause very different kinds of harm. I therefore propose to disaggregate hate speech into various categories which are analysed in turn. I distinguish four main categories of hate speech, namely (1) targeted vilification, (2) diffuse vilification, (3) organised political advocacy for exclusionary and/or eliminationist policies, and (4) other assertions of fact or value which constitute an adverse judgment on an identifiable racial or religious group. Reviewing these categories in the light of the justifications for the Free Speech Principle, I will argue that category (1) is uncovered by the Principle, categories (2) and (3) are covered but unprotected , and that category (4) is protected speech. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of (...) targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

This paper engages with the recent dignity-based argument against hate speech proposed by Jeremy Waldron. It’s claimed that while Waldron makes progress by conceptualising dignity less as an inherent property and more as a civic status which hate speech undermines, his argument is nonetheless subject to the problem that there are many sources of citizens’ dignitary status besides speech. Moreover, insofar as dignity informs the grounds of individuals’ right to free speech, Waldron’s argument leaves us balancing hate speakers’ dignity against (...) the dignity of those whom they attack. I suggest instead that a central part of the harm of hate speech is that it assaults our self-respect. The reasons to respect oneself are moral reasons which can be shared with others, and individuals have moral reasons to respect themselves for their agency, and their entitlements. Free speech is interpreted not as an individual liberty, but as a collective enterprise which serves the interests of speakers and the receivers of speech. I argue that hate speech undermines the self-respect of its targets in both the agency and entitlement dimensions, and claim, moreover, that this is a direct harm which cannot be compensated for by other sources of self-respect. I further argue that hate speakers have no basis to respect themselves qua their hate speech, as self-respect is based on moral reasons. I conclude that self-respect, unlike dignity, is sufficient to explain the harm of hate speech, even though it may not be necessary to explain its wrongness. (shrink)

The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz and Singer. Hugo Adam (...) Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them. (shrink)

The issue of hate speech has received significant attention from legal scholars and philosophers alike. But the vast majority of this attention has been focused on presenting and critically evaluating arguments for and against hate speech bans as opposed to the prior task of conceptually analysing the term ‘hate speech’ itself. This two-part article aims to put right that imbalance. It goes beyond legal texts and judgements and beyond the legal concept hate speech in an attempt to understand the general (...) concept hate speech. And it does so using a range of well-known methods of conceptual analysis that are distinctive of analytic philosophy. One of its main aims is to explode the myth that emotions, feelings, or attitudes of hate or hatred are part of the essential nature of hate speech. It also argues that hate speech is best conceived as a family resemblances concept. One important implication is that when looking at the full range of ways of combating hate speech, including but not limited to the use of criminal law, there is every reason to embrace an understanding of hate speech as a heterogeneous collection of expressive phenomena. Another is that it would be unsound to reject hate speech laws on the premise that they are effectively in the business of criminalising emotions, feelings, or attitudes of hate or hatred. (shrink)

“Sticks and stones will break my bones,” Justice Scalia pronounced from the bench in oral arguments in Schenck v. Pro-Choice Network, “but words can never hurt me. That's the First Amendment,” he added. Jay Alan Sekulow, the lawyer for the petitioners, anti-abortion protesters who had been enjoined from moving closer than fifteen feet away from those entering an abortion facility, was obviously pleased by this characterization of the right to free speech, replying, “That's certainly our position on it, and that (...) is exactly correct …”. (shrink)

The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz and Singer. Hugo Adam (...) Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them. (shrink)

We see nonviolent resistance all over today’s world, from Egypt’s Tahrir Square to New York Occupy. Although we think of the last century as one marked by wars and violent conflict, in fact it was just as much a century of nonviolence as the achievements of Mohandas Gandhi and Martin Luther King, Jr. and peaceful protests like the one that removed Ferdinand Marcos from the Philippines clearly demonstrate. But what is nonviolence? What makes a campaign a nonviolent one, and how (...) does it work? What values does it incorporate? In this unique study, Todd May, a philosopher who has himself participated in campaigns of nonviolent resistance, offers the first extended philosophical reflection on the particular and compelling political phenomenon of nonviolence. Drawing on both historical and contemporary examples, he examines the concept and objectives of nonviolence, and considers the different dynamics of nonviolence, from moral jiu-jitsu to nonviolent coercion. May goes on to explore the values that infuse nonviolent activity, especially the respect for dignity and the presupposition of equality, before taking a close-up look at the role of nonviolence in today’s world. Students of politics, peace studies, and philosophy, political activists, and those interested in the shape of current politics will find this book an invaluable source for understanding one of the most prevalent, but least reflected upon, political approaches of our world. (shrink)

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

In recent decades, American courts have held that public hate speech, such as the Nazi march in Skokie, must be protected under the First Amendment because there is no principled way to distinguish that speech from other forms of political expression. Many American constitutional scholars take the same view. In this essay, which is a contribution to an international symposium on Extreme Speech and Democracy, I offer an alternative understanding of hate speech, public discourse, and freedom of expression. In Part (...) I, I outline a general theory of the First Amendment. On this view, free speech is rooted in respect for the autonomy and dignity of human beings. But the same values that justify freedom of speech also give rise to other fundamental rights which are entitled to protection under the law. Speech that infringes these rights may be regulated by narrowly drawn laws, except in situations where the value of the speech is sufficient to justify the injuries it causes. Part II applies this approach to political hate speech like the Nazi march. I begin by arguing that this form of speech invades its targets' rights to personal security, personality, citizenship, and equality. The crucial question then becomes whether this form of speech nevertheless should be protected because of its political character. The answer to this question turns on our conception of political speech. After criticizing two of the leading theories in this area - Justice Holmes's vision of the marketplace of ideas and Robert C. Post's theory of public discourse - I argue that political speech is best understood as discourse among individuals who recognize one another as free and equal persons and members of the political community - a view that derives support from classic theorists such as Locke and Hegel as well as from contemporary theorists such as Meiklejohn and Habermas. By denying recognition to its targets, political hate speech violates the fundamental ground rules that should govern political debate. For these reasons, I contend that, in principle, this form of speech should not receive constitutional protection. Interpreting the First Amendment in this way would not only allow American law to reconcile the competing demands of free speech and human dignity, it would also bring that law into harmony with the approach to political hate speech that is taken by many other liberal democratic nations and the international community. (shrink)

In recent years, issues such as hate speech and pornography have sparked intense controversy. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, and assault their dignity as human beings and citizens. Civil libertarians respond that our commitment to freedom of speech is measured by our willingness to protect it even when it causes serious harm or offends our deepest values. When the problem is framed in this way, we seem to face a (...) tragic conflict between free speech and human dignity - a conflict that goes to the heart of a democratic constitutional order. To overcome this conflict, this book presents a liberal humanist theory of the First Amendment. According to this view, freedom of speech is founded on respect for the autonomy and dignity of human beings. But these values also support other fundamental rights, ranging from personal security and privacy to citizenship and equality. Speech that invades these rights is subject to regulation through narrowly drawn laws, except in cases where the value of the speech is sufficient to justify the injuries it causes. This theory recognizes a strong, liberal right to free expression at the same time that it protects against the most serious forms of assaultive speech. In this way, the theory seeks to find some common ground between civil libertarianism and its critics. In developing this theory of free expression, the book draws not only on American constitutional history and jurisprudence, but also on the law of other liberal democratic nations, the international law of human rights, and the tradition of liberal political philosophy that runs from Locke, Kant, and Mill through Rawls and Habermas. The final part of the book applies the liberal humanist view to a wide range of contemporary problems, including hate speech, pornography, antiabortion protests, picketing at military funerals, news reports that reveal the identity of rape victims, flag desecration, and the publication of classified information in the war on terror. (shrink)