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Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia.
Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.
The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions.
New Directions in Second Language Pragmatics brings together varying perspectives in second language (L2) pragmatics to show both historical developments in the field, while also looking towards the future, including theoretical, empirical, and implementation perspectives. This volume is divided in four sections: teaching and learning speech acts, assessing pragmatic competence, analyzing discourses in digital contexts, and current issues in L2 pragmatics. The chapters focus on various aspects related to the learning, teaching, and assessing of L2 pragmatics and cover a range of learning environments. The authors address current topics in L2 pragmatics such as: speech acts from a discursive perspective; pragmatics instruction in the foreign language classroom and during study abroad; assessment of pragmatic competence; research methods used to collect pragmatics data; pragmatics in computer-mediated contexts; the role of implicit and explicit knowledge; discourse markers as a resource for interaction; and the framework of translingual practice. Taken together, the chapters in this volume foreground innovations and new directions in the field of L2 pragmatics while, at the same time, ground their work in the existing literature. Consequently, this volume both highlights where the field of L2 pragmatics has been and offers cutting-edge insights into where it is going in the future.
Forgetting is usually juxtaposed with memory as its opposite in a negative way: it is seen as the loss of the ability to remember, or, ironically, as the inevitable process of distortion or dissolution that accompanies attempts to commemorate the past. The civic emphasis on the crucial importance of preserving lessons from the past to prevent us from repeating mistakes that led to violence and injustice, invoked most poignantly in the call of “Never again” from Holocaust survivors, tends to promote a view of forgetting as verging on sin or irresponsibility. In this book, Bradford Vivian hopes to put a much more positive spin on forgetting by elucidating its constitutive role in the formation and transformation of public memory. Using examples ranging from classical rhetoric to contemporary crises like 9/11, Public Forgetting demonstrates how, contrary to conventional wisdom, communities may adopt idioms of forgetting in order to create new and beneficial standards of public judgment concerning the lessons and responsibilities of their shared past.
The human propensity to take an ethical stance toward oneself and others is found in every known society, yet we also know that values taken for granted in one society can contradict those in another. Does ethical life arise from human nature itself? Is it a universal human trait? Or is it a product of one's cultural and historical context? Webb Keane offers a new approach to the empirical study of ethical life that reconciles these questions, showing how ethics arise at the intersection of human biology and social dynamics. Drawing on the latest findings in psychology, conversational interaction, ethnography, and history, Ethical Life takes readers from inner city America to Samoa and the Inuit Arctic to reveal how we are creatures of our biology as well as our history—and how our ethical lives are contingent on both. Keane looks at Melanesian theories of mind and the training of Buddhist monks, and discusses important social causes such as the British abolitionist movement and American feminism. He explores how styles of child rearing, notions of the person, and moral codes in different communities elaborate on certain basic human tendencies while suppressing or ignoring others. Certain to provoke debate, Ethical Life presents an entirely new way of thinking about ethics, morals, and the factors that shape them.
Private Censorship is about free speech and how corporations and social groups can interfere with it. J.P. Messina asks and variously answers questions like: what should we think when employees get fired for things they say? When is it appropriate for social media firms to deplatform users, and what does it mean for our democracy that those in charge of such decisions are often wealthy Silicon Valley executives? Do search engines act as massive gatekeepers to information in troubling ways, and how might they be constrained if so? Messina argues that while there is much to worry about when it comes to these exercises of private power, it would be a mistake to simply do away with them, as some have suggested.
This book features new perspectives on the ethics and politics of free speech. Contributors draw on insights from philosophy, psychology, political theory, journalism, literature, and history to respond to pressing problems involving free speech in liberal societies. Recent years have seen an explosion of academic interest in these topics. However, most recent work has focused on constitutional protections for free speech and on issues related to academic freedom and campus politics. The chapters in this volume set their sights more broadly on the non-state problems that we collectively face in attempting to realize a healthy environment for free discourse. The volume’s contributors share the assumption that threats to free speech do not come exclusively from state sources or bad actors, but from ordinary strategic situations in which all may be acting in good faith. Contributors take seriously the idea that our current cultural moment provides plenty of reason to be concerned about our intellectual climate and offer new insights for how to make things better. New Directions in the Ethics and Politics of Speech will be of interest to researchers and students working in ethics, political philosophy, social theory, and law. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
An exploration of life at the margins of history from one of Russia’s most exciting contemporary writers Shortlisted for the 2021 International Booker Prize Winner of the MLA Lois Roth Translation Award With the death of her aunt, the narrator is left to sift through an apartment full of faded photographs, old postcards, letters, diaries, and heaps of souvenirs: a withered repository of a century of life in Russia. Carefully reassembled with calm, steady hands, these shards tell the story of how a seemingly ordinary Jewish family somehow managed to survive the myriad persecutions and repressions of the last century. In dialogue with writers like Roland Barthes, W. G. Sebald, Susan Sontag, and Osip Mandelstam, In Memory of Memory is imbued with rare intellectual curiosity and a wonderfully soft-spoken, poetic voice. Dipping into various forms—essay, fiction, memoir, travelogue, and historical documents—Stepanova assembles a vast panorama of ideas and personalities and offers an entirely new and bold exploration of cultural and personal memory.
Scholarship on the role of religion in American public life has taken on a new urgency in the increasingly contentious wake of the attacks of September 11, 2001. This volume brings together an impressive group of scholars to build on past work and broaden the scope of this crucial inquiry in two respects: by exploring aspects of the religion-politics nexus in the United States that have been neglected in the past, and by examining traditional questions concerning the religious tincture of American political discourse in provocative new ways. Essays include examinations of religious rhetoric in American political and cultural discourse after September 11th, the impact of religious ideas on environmental ethics, religion and American law beyond the First Amendment, religious responses to questions of gay and lesbian rights, the Church of Jesus Christ of Latter-Day Saints and issues of free speech and public space in Utah, and the role of religious institutions and ideas on the political priorities of African-American and Latino communities. In addition, Religion, Politics, and American Identity includes introductory and concluding essays by leading scholars in the field of religion and politics that assess present and future directions for study.