9781315553917 (electronic book) 1315553910 (electronic book) 9781317019053 (electronic book : EPUB) 1317019059 (electronic book : EPUB) 9781317019046 (electronic book : Mobipocket) 1317019040 (electronic book : Mobipocket) 9781317019060 1317019067
This book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international hate speech frameworks or instruments? What are some of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary, and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law.
Description based upon print version of record. 4.4.1 The Cold War
Formatted Contents Note
Cover; Half Title; Title; Copyright; Dedication; Contents; Acknowledgements; 1 Introduction; 1.1 Introduction; 1.2 Hate speech and politics; 1.2.1 Politically motivated hate speech; 1.2.2 The use of the term 'hate speech' as a political or politicised act; 1.2.3 Political disputes concerning what to do about hate speech; 1.3 So what is the real problem of hate speech?; 1.3.1 Understanding what the concept hate speech reveals about power; 1.3.2 The real problem of hate speech is not simply in calling it 'a problem'; 1.3.3 So what that people disagree about what to count as hate speech? 1.3.4 Defining the legal concept hate speech, whilst not forgetting context1.3.5 Acknowledging the real harms of hate speech, in spite of the politics; 1.4 Hate speech as a multisite problem; 1.4.1 Hate speech as an individual, group and societal problem; 1.4.2 Hate speech as a technological problem; 1.4.3 Hate speech as a legal problem; 1.4.4 Hate speech as a problem of, and not simply for, political figures; 1.4.5 Hate speech as an international problem; 1.5 Preliminaries; 1.5.1 Methodological framework; 1.5.2 The canon; 1.5.3 The wider field of academic literature; 1.5.4 Chapter summaries Part I The political context of hate speech laws2 The contextualised meaning and salience of problems of hate speech; 2.1 Introduction; 2.2 Nigeria; 2.3 Kenya; 2.4 South Africa; 2.5 India; 2.6 China; 2.7 US; 2.8 Japan; 2.9 UK; 2.10 Turkey; 2.11 Germany; 2.12 Hungary; 2.13 Italy; 2.14 Conclusion; 3 The politics behind the introduction of stirring up religious hatred offences in England and Wales; 3.1 Introduction; 3.2 The public order explanation; 3.2.1 Post-war immigration; 3.2.2 An evolving public policy response to an evolving social problem; 3.3 The sop explanation; 3.3.1 A sop for what? 3.3.2 Why has the sop explanation persisted in the face of contrary evidence?3.4 The anti-terrorism explanation; 3.4.1 Is the legislative vehicle coincidental?; 3.4.2 Problems with the anti-terrorism explanation; 3.5 The client politics explanation; 3.5.1 What the burdens on Muslims can and cannot tell us; 3.5.2 That Muslims were one group among many who were burdened; 3.6 The parity of protection explanation; 3.6.1 The wider policy background; 3.6.2 Ironing out potential kinks in the parity of protection explanation; 3.7 A pluralistic explanation; 3.8 Conclusion 4 International relations theory and international hate speech instruments4.1 Introduction; 4.2 The existing body of international hate speech instruments; 4.2.1 UN system; 4.2.2 Africa; 4.2.3 Americas; 4.2.4 Asia; 4.2.5 Europe; 4.2.6 Analysis; 4.3 International relations theory and the ICERD; 4.3.1 The ICERD; 4.3.2 Monitoring reports and complaints procedures under the ICERD; 4.3.3 Realism; 4.3.4 Institutionalism; 4.3.5 Constructivism; 4.3.6 Critical approaches; 4.3.7 What, together, these approaches tell us about the international politics of the ICERD; 4.4 US foreign policy and the ICCPR
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