Regulation Of Speech In Multicultural Societies

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This book focuses on the way in which public debate and legal practice intersect when it comes to the value of free speech and the need to regulate "offensive", "blasphemous" or "hate" speech, especially, though not exclusively where such speech is thought to be offensive to members of ethnic and religious minorities. The themes addressed are of great significance for contemporary societies in many parts of the world, including Europe and North America, and although the volume focuses principally on the European context, it also addresses the theme on an international level. Contributions look at the transnational intertextuality of the debate, as well as comparing approaches to regulation in different countries (notably between the European Court of Human Rights and the United States Supreme Court). This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

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Genre : Social Science
Author : Marcel Maussen
Publisher : Routledge
Release : 2017-10-02
File : 165 Pages
ISBN-13 : 9781317507826


Democratic Constitutionalism In India And The European Union

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Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.

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Genre : Law
Author : Philipp Dann
Publisher : Edward Elgar Publishing
Release : 2021-02-26
File : 320 Pages
ISBN-13 : 9781789901573


Holocaust Denial And The Law

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From 1978-1996 Holocaust denial emerged as a major concern for the liberal democracies of Europe and North America. This period also saw the first prosecutions of Holocaust deniers. But these prosecutions often ran into trouble. Holocaust Denial and the Law relates how courts in four countries (Canada, France, Germany and the United States) resolved the dilemmas posed by Holocaust-denial litigation. It also describes how, in the United States, student editors had to decide whether to run ads denying the Holocaust. The book concludes that a given country's resolution of these dilemmas turns on its specific legal traditions and historical experiences.

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Genre : Religion
Author : R. Kahn
Publisher : Springer
Release : 2004-06-18
File : 212 Pages
ISBN-13 : 9781403980502


Hate Speech Law

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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). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

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Genre : Philosophy
Author : Alex Brown
Publisher : Routledge
Release : 2015-03-05
File : 379 Pages
ISBN-13 : 9781317502371


Routledge Handbook Of Constitutional Law

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The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

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Genre : Law
Author : Mark Tushnet
Publisher : Routledge
Release : 2013-06-26
File : 529 Pages
ISBN-13 : 9781135100193


Asper Review Of International Business And Trade Law Volume Xix

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The Asper Review of International Business and Trade Law provides reviews and articles on developments in the areas of international trade, business, & economy.

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Genre : Law
Author : Bryan P. Schwartz, et al.
Publisher : Asper Review of International Business and Trade Law
Release : 2019-01-01
File : 424 Pages
ISBN-13 :


Sourcebook Of Canadian Media Law

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This edition examines the Canadian Constitution and its effect on the principle of freedom of expression. The balance of the book directs attention to the laws that have been enacted that limit such freedom.

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Genre : Law
Author : Robert Martin
Publisher : McGill-Queen's Press - MQUP
Release : 1994-09-15
File : 896 Pages
ISBN-13 : 9780773573925


African Heritage Australian Youth

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In the last four decades, Australia has resettled thousands of African refugees. As a visibly different minoritised group, Black African youth are often represented as disengaged, dangerous, and undesirable. Even so, rarely are generative mechanisms that negatively affect the life-courses of the youth critically examined. Drawing on a wide range of theoretical resources, policy reviews, longitudinal statistical data, and in-depth interviews, this book reports on the educational attainment and integration outcomes of African heritage Australian youth from refugee backgrounds. The book also identifies intersectional factors of educational disadvantage, analyses equity provisions, and outlines policy ideas for improved educational attainment and integration of refugee youth. It is unique in its scope and focus and contributes to knowledge in African Australian studies. The book will appeal to researchers, postgraduate students, and policymakers interested in understanding the dynamics of refugee resettlement and integration.

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Genre : Social Science
Author : Tebeje Molla
Publisher : Taylor & Francis
Release : 2023-07-28
File : 220 Pages
ISBN-13 : 9781000918687


Encyclopedia Of Law And Society

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"This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.

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Genre : Social Science
Author : David S. Clark
Publisher : SAGE Publications
Release : 2007-07-10
File : 1809 Pages
ISBN-13 : 9781452265544


Communitarianism In Law And Society

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In this new collection of essays, Paul van Seters brings together an international group of scholars from diverse academic backgrounds to reflect upon the remarkable rise of communitarianism in contemporary studies of law and society. These essays critically assess the communitarian perspective in order to gain a more systematic insight into its distinctive constraints and the special opportunities it provides.

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Genre : Law
Author : Paul van Seters
Publisher : Rowman & Littlefield
Release : 2006
File : 290 Pages
ISBN-13 : 0742522717