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Must We Defend Nazis

Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814721044
Size: 37.49 MB
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In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.

Streitbare Demokratie In Deutschland Und Den Vereinigten Staaten

Author: Gereon Flümann
Publisher: Springer-Verlag
ISBN: 365808314X
Size: 20.85 MB
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​Wie verfahren demokratische Verfassungsstaaten mit politischen Extremisten, die offen oder verdeckt eine diktatorische Ordnung anstreben, sich dabei jedoch zunächst keiner physischen Gewalt bedienen? Gereon Flümann unternimmt einen Vergleich der Vereinigten Staaten und der Bundesrepublik Deutschland und fragt danach, wie sich in beiden Staaten unterschiedliche Demokratieschutzkonzepte entwickelt haben und ob die jeweils selbst gesetzten Ansprüche im Umgang mit nichtgewalttätigem politischem Extremismus erfüllt werden. Mit der Analyse zweier fundamental differierender Ansätze – Tendenz zu repressiven Maßnahmen vs. Gewährung von Freiräumen – liefert seine Studie einen wichtigen Beitrag zur vergleichenden Erforschung demokratischer Streitbarkeit.

Racism

Author: Albert J. Wheeler
Publisher: Nova Publishers
ISBN: 9781594544798
Size: 67.35 MB
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Of all mankinds' vices, racism is one of the most pervasive and stubborn. Success in overcoming racism has been achieved from time to time, but victories have been limited thus far because mankind has focused on personal economic gain or power grabs ignoring generosity of the soul. This bibliography brings together the literature.

Rape And The Culture Of The Courtroom

Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 9780814782293
Size: 62.25 MB
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Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

Critical White Studies

Author: Richard Delgado
Publisher:
ISBN: 9781566395328
Size: 56.17 MB
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No longer content with accepting whiteness as the norm, critical scholars have turned their attention to whiteness itself. In Critical White Studies: Looking Behind the Mirrornumerous thinkers, including Toni Morrison, Eric Foner, Peggy McIntosh, Andrew Hacker, Ruth Frankenberg, John Howard Griffin, David Roediger, Kathleen Neal Cleaver, Noel Ignatiev, Cherríe Moraga, and Reginald Horsman, attack such questions as: How was whiteness invented, and why? How has the category whiteness changed over time? Why did some immigrant groups, such as the Irish and Jews, start out as nonwhite and later become white? Can some individual people be both white and nonwhite at different times, and what does it mean to "pass for white"? At what point does pride in being white cross the line into white power or white supremacy? What can whites concerned over racial inequity or white privilege do about it? Science and pseudoscience are presented side by side to demonstrate how our views on whiteness often reflect preconception, not fact. For example, most scientists hold that race is not a valid scientific category--genetic differences between races are insignificant compared to those within them. Yet, the "one drop" rule, whereby those with any nonwhite heritage are classified as nonwhite, persists even today. As The Bell Curvecontroversy shows, race concepts die hard, especially when power and prestige lie behind them. A sweeping portrait of the emerging field of whiteness studies, Critical White Studiespresents, for the first time, the best work from sociology, law, history, cultural studies, and literature. Delgado and Stefancic expressly offer critical white studies as the next step in critical race theory. In focusing on whiteness, not only do they ask nonwhites to investigate more closely for what it means for others to be white, but also they invite whites to examine themselves more searchingly and to "look behind the mirror." Author note: Richard Delgado is Charles Inglis Thomson Professor of Law at the University of Colorado Law School. He is the editor of Critical Race Theory: The Cutting Edge(Temple) and the author of several books, including Failed Resolutions: Social Reform and the Limits of Legal Imagination, Words that Wound: Critical Race Theory, Assaultive Speech, and the First Amendmentand the 1995 Pulitzer Prize nominee The Rodrigo Chronicles: Conversations on Race and America. Jean Stefancicis Research Associate in Law at the University of Colorado Law School. She is co-author (with Delgado) of No Mercy: How Conservative Think Tanks and Foundations Changed America's Social Agenda(Temple), Failed Revolutions: Social Reform and the Limits of Legal Imaginationand Must We Defend Nazis? Hate Speech, Pornography, and the New First Amendment.