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Автор: Stefancic Jean, Delgado Richard Название: Must We Defend Nazis?: Why the First Amendment Should Not Protect Hate Speech and White Supremacy ISBN: 1479857831 ISBN-13(EAN): 9781479857838 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 14210.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
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Автор: Wendy Wagner Название: Incomprehensible!: A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It ISBN: 1107008476 ISBN-13(EAN): 9781107008472 Издательство: Cambridge Academ Рейтинг: Цена: 73910.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The legal system is awash with excessive and incomprehensible information. Yet many of us assume that the unrelenting torrent of information pouring into various legal programs is both inevitable and unstoppable. We have become complacent; but it does not have to be this way. Incomprehensible! argues that surrendering to incomprehensibility is a bad mistake. Drawing together evidence from diverse fields such as consumer protection, financial regulation, patents, chemical control, and administrative and legislative processes, this book identifies a number of important legal programs that are built on the foundational assumption that 'more information is better'. Each of these legal processes have been designed in ways that ignore the imperative of meaningful communication. To rectify this systemic problem, the law must be re-designed to pay careful attention to the problem of incomprehensibility.
Автор: Alexander Horne, Gavin Drewry Название: Parliament and the Law ISBN: 1509939636 ISBN-13(EAN): 9781509939633 Издательство: Bloomsbury Academic Рейтинг: Цена: 30610.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK’s Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK’s constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament’s select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members’ conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.
Автор: Wendy Wagner Название: Incomprehensible!: A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It ISBN: 1107400880 ISBN-13(EAN): 9781107400887 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Невозможна поставка. Описание: Contracts, patents, regulations, disclosures, and legislation are often premised on the foundational assumption that `more information is better`. These legal programs do not insist, however, that the information and associated communications be comprehensible. This book outlines the problem of incomprehensibility across legal fields and offers suggestions for reform.
Автор: Se-shauna Wheatle Название: Principled Reasoning in Human Rights Adjudication ISBN: 1509931325 ISBN-13(EAN): 9781509931323 Издательство: Bloomsbury Academic Рейтинг: Цена: 42230.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Автор: Angioletta Sperti Название: Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN: 1782256423 ISBN-13(EAN): 9781782256427 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In the last fifteen years, constitutional issues regarding the rights of gays, lesbians, and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for homosexual couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international level and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate. (Series: Hart Studies in Comparative Public Law, Vol. 14) Subject: Constitutional Law]
Автор: Coen Mark Название: Offences against the state act 1939 at 80 ISBN: 1509931996 ISBN-13(EAN): 9781509931996 Издательство: Bloomsbury Academic Рейтинг: Цена: 79200.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This timely edited collection brings together experts in the fields of legal history, criminal justice, human rights and counter-terrorism law to appraise Ireland's Offences Against the State Act on the eightieth anniversary of its enactment. The origins, development, invocation and extension of the powers contained in the legislation are analysed and critiqued using a broad range of methodologies.
The book engages fully with the 1939 Act's scope and complexity including consideration of the impact of the Act on issues as diverse as trial by jury, paramilitary organisations, organised crime, disclosure, the rules of evidence, freedom of expression and association, parliamentary oversight of legislation and adherence to international human rights norms. In addition, the interplay of the Act with the universal themes of normalcy, exceptionalism, contagion and due process are explored throughout.
This book will appeal to an audience beyond those with a particular interest in the Act itself. It combines historical and contemporary insights with theoretical and practical perspectives that will enrich the reader's understanding of emergency law, wherever it arises.
Автор: Jo Shaw Название: People in Question: Citizens and Constitutions in Uncertain Times ISBN: 1529208890 ISBN-13(EAN): 9781529208894 Издательство: Marston Book Services Рейтинг: Цена: 105590.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.
Автор: Jaclyn L. Neo, Arif A. Jamal, Daniel P. S. Goh Название: Regulating Religion in Asia: Norms, Modes, and Challenges ISBN: 1108416179 ISBN-13(EAN): 9781108416177 Издательство: Cambridge Academ Рейтинг: Цена: 121440.00 T Наличие на складе: Невозможна поставка. Описание: Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.
Автор: Drymiotou, Elena Название: Human Rights, Constitutional Law and Belonging ISBN: 0367893932 ISBN-13(EAN): 9780367893934 Издательство: Taylor&Francis Рейтинг: Цена: 42870.00 T Наличие на складе: Невозможна поставка. Описание: This book is the starting point of a more comprehensive theory of the right to democratic belonging. It shows the latest state of knowledge on the topic and will be of interest both to students at an advanced level, academics and reflective practitioners.
Автор: Stone Sweet Alec, Ryan Clare Название: A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights ISBN: 019882534X ISBN-13(EAN): 9780198825340 Издательство: Oxford Academ Рейтинг: Цена: 81310.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: An introduction to Immanuel Kant`s constitutional theory, and to the European system of rights protection, this book explains how European Court of Human Rights has become the most active and important rights-protecting court in the world through its manifestation as a Kantian cosmopolitan legal order.
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