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.
Автор: Brice Dickson, Conor McCormick Название: The Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore ISBN: 1509944826 ISBN-13(EAN): 9781509944828 Издательство: Bloomsbury Academic Рейтинг: Цена: 45400.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr’s judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr’s particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.
Автор: Loveland, Ian Название: Constitutional Law, Administrative Law, and Human Rights ISBN: 0198860129 ISBN-13(EAN): 9780198860129 Издательство: Oxford Academ Рейтинг: Цена: 55960.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context.
Автор: Dawood Ahmed, Muhammad Zubair Abbasi Название: Democracy under God: Constitutions, Islam and Human Rights in the Muslim World ISBN: 1107158052 ISBN-13(EAN): 9781107158054 Издательство: Cambridge Academ Рейтинг: Цена: 87650.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: State recognition of Islam in Muslim countries invites ?erce debate from scholars and politicians alike, some of whom assume an inherent con?ict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi ?nd, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.
Автор: Dawood Ahmed, Muhammad Zubair Abbasi Название: Democracy under God: Constitutions, Islam and Human Rights in the Muslim World ISBN: 1316610578 ISBN-13(EAN): 9781316610572 Издательство: Cambridge Academ Рейтинг: Цена: 29570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: State recognition of Islam in Muslim countries invites ?erce debate from scholars and politicians alike, some of whom assume an inherent con?ict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi ?nd, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.
Автор: Virgili Tommaso Название: Islam, Constitutional Law and Human Rights: Sexual Minorities and Freethinkers in Egypt and Tunisia ISBN: 0367200643 ISBN-13(EAN): 9780367200640 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with shari a and the Islamic ethos.
Автор: Kenyon, Andrew T. Название: Democracy of expression ISBN: 1108731899 ISBN-13(EAN): 9781108731898 Издательство: Cambridge Academ Рейтинг: Цена: 28500.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Free speech has positive dimensions of enablement and negative dimensions of non-restraint. Both need protection in democracies, but free speech`s positive dimensions are too often overlooked. Drawing from media studies, political theory, and free speech case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued.
Автор: Rachael Walsh Название: Property Rights and Social Justice: Progressive Property in Action ISBN: 1108446906 ISBN-13(EAN): 9781108446907 Издательство: Cambridge Academ Рейтинг: Цена: 25350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
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: 85530.00 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.
Автор: David Bilchitz Название: Fundamental Rights and the Legal Obligations of Business ISBN: 1108815316 ISBN-13(EAN): 9781108815314 Издательство: Cambridge Academ Рейтинг: Цена: 26400.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.
Автор: Barak Название: Proportionality ISBN: 1107401194 ISBN-13(EAN): 9781107401198 Издательство: Cambridge Academ Рейтинг: Цена: 53850.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its components and discusses its relationship with reasonableness. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality.
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