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“Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy,” Jurisprudence (2019)
- Author(s):
- Rebecca Ruth Gould (see profile)
- Date:
- 2019
- Group(s):
- Philosophy, Political Philosophy & Theory
- Subject(s):
- Law, Culture and law, Language and languages, Language and languages--Political aspects, Liberty, Politics and government
- Item Type:
- Article
- Tag(s):
- political, antisemitism, political activism, Political Discourse, Law and culture, Language, Language and politics, Freedom, Politics
- Permanent URL:
- http://dx.doi.org/10.17613/m5ft-gn74
- Abstract:
- Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequate opportunity for dissent. In his influential defence of hate speech bans, Jeremy Waldron addresses these objections. Dworkin’s concern with political legitimacy is misplaced, he argues, given the provision speech bans make for substituting permissible modes of expression for impermissible ones. I argue that this defence of speech bans misidentifies the “hate” in hate speech with the “hate” in hate crime. In contesting Dworkin, Waldron fails to contend with the necessarily entangled criminalisation of manner and viewpoint entailed in hate speech bans. By failing to grapple with the way in which every linguistic sign is constituted by both manner and viewpoint, Waldron sidesteps the ways in which hate speech bans undermine political legitimacy within liberal democracies.
- Metadata:
- xml
- Published as:
- Journal article
- Status:
- Published
- Last Updated:
- 4 years ago
- License:
- All Rights Reserved
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