bluuebunny/crossref_metadata_2025_split huggingface dataset:
6 Rage Against Hypocrisy: On Liberal Wars for Human Rights
Authors: Owens Patricia 
Published: May 2009

AbstractArendt was wholly ambivalent about the liberal discourse of human rights and by extension, it is argued, wars justified in their name. She can be read as far less sanguine about the apparent progressiveness of human rights ideologies than other of her readers have suggested. This argument is made through an analysis of her writing on violence and hypocrisy. Arendt's work is filled with examples of violent rage against hypocrisy, but also how hypocrisy can enable cruelty. Above all, Arendt was a defender of the created, public world where it is only possible to judge words and actions, not motives. And yet Arendt does not leave us without grounds to act against genocide. These grounds are not based on the large numbers of dead, on levels of cruelty as such. Wars of annihilation cannot be tolerated because they attack the fundamental basis of all politics which is human plurality.
2 Sidelining debate in theOdyssey
Authors: Barker Elton T.E. 
Published: May 2009

AbstractThis chapter examines representations of debate in the Odyssey, with the suggestion that its less prominent role has implications for the standard view of this poem as playfully dialogic. Reduced to only two events, debate comes across not only as marginal to its narrative dynamics but also as socially divisive: these two Ithacan assembly scenes split down partisan lines, with neither group, those with Odysseus and those against him (the suitors), interested in the institution. Indeed, while the suitors' language frequently evokes an Iliadic world of strife and open contest, the Odyssey shows much more interest in deceit than in debate. The clearest example of the suppression of dissenting voices finds its substantiation in Odysseus' own narration of events; but the divine meeting between Zeus and Athena that frames the epic in books 1 and 24 equally reveals, and revels in, the narrative's control over events and their interpretation.
Introduction: institutional dissent
Authors: Barker Elton T.E. 
Published: May 2009

AbstractThis section considers debate in its most fully realized institutional form, that of tragedy, which by its very form represents debate, not only in the specific feature of the agon, but in the many conflicts between characters on stage. It is particularly concerned to engage with the recent controversies regarding whether tragedy is political or not, and the extent to which tragedy relates specifically to Athenian democracy or more broadly to any polis.Turning attention away from the dominant question of what is political, this section sets out how tragedy is political, first in its onus on giving a voice to marginalized figures such as women, slaves and groups, which marks tragedy's most radical departure from the world of Homeric epic, second in its emphasis on speaking back. Thus the key democratic concept of παρρηία, freedom or frankness of speech, is enacted, explored and tested in tragedy's retelling of myth.
Media Personalities, 1918–24
Authors: Fulda Bernhard 
Published: May 2009

Abstract
Who was a ‘very important person’ in post‐war Germany? The abdication of William II left the German media without its most popular political celebrity. This void was filled by the press through the creation of scapegoats and the construction of new political heroes. This chapter studies the right‐wing hate‐campaign against one prominent member of the new regime, Erzberger, and the rise to stardom of a political fringe figure like Hitler between 1922 and 1924. What did contemporaries know about the politicians of the new democracy? How were politicians visualized in the print media? This book is concerned with the creation of a particular press climate as well as politicians' media images, which informed contemporaries' political choices.
Competing Stories, 1924–5
Authors: Fulda Bernhard 
Published: May 2009

Abstract
Did the press have any direct impact on the way politics was conducted? This chapter demonstrates the crucial role of small partisan broadsheets in the political process. Their influence on setting the political agenda, and the partisan information which they provided to grateful politicians is analysed for two case studies; the defamation trial of Reich president Ebert in December 1924; and the Barmat scandal of spring 1925. The Ebert trial enabled nationalist journalists to portray the Reich president as a traitor who carried responsibility for the stab in the back in 1918. The scandal‐mongering against Jewish businessmen, the Barmat brothers, resulted in the collapse of their consortium, the arrest and death of a Reich minister, and a widespread perception of endemic corruption in the new democratic system. The focus of this chapter is on the interdependence of media, judiciary, and legislature.
Conquering Headlines: Violence, Sensations, and the Rise of the Nazis, 1928–30
Authors: Fulda Bernhard 
Published: May 2009

Abstract
The 1920s saw the breakthrough of the tabloid press in Germany. By 1930, mass and tabloid newspapers held a marketshare of over 80% in Berlin. Despite their importance for the dissemination of news, previous studies have completely ignored the mass press as a phenomenon. This chapter analyses the media image of the two radical parties, the KPD and the NSDAP, before the crucial Reichstag elections of September 1930. Particular emphasis is given to the depiction of violence, the construction of a media reality through press photography, and the use of cartoons to carry political messages in Berlin's mass newspapers. This book presents new evidence to explain the Nazi breakthrough in 1930 not with the alliance between Hugenberg and Hitler in 1929, but with the repeated splits within Hugenberg's Nationalist party, which happened in full view of the newspaper‐reading public.
Extreme Speech, Public Order, and Democracy: Lessons from The Masses
Authors: Weinstein James 
Published: May 2009

Abstract
This chapter attempts to identify a core free speech principle that must be respected in any democratic society and against which the free speech restrictions can be measured. It argues that two essential components of democracy — popular sovereignty and the individual right of political participation — generate a right of every citizen to participate in the discussion by which public opinion is formed. It concludes that this core norm was breached in Hammond v. DPP, and arguably violated in Norwood v. DPP. These two decisions and the precedent that they follow render insecure the right of British citizens to voice views that offend dominant opinion. The chapter suggests several reasons for this state of affairs, including the British judiciary's view that free speech is instrumental to, rather than constitutive of, democracy, and the excessive deference afforded lower court findings in free speech cases. These mistakes are remarkably similar to those made by the U.S. Supreme Court when it first started to develop free speech doctrine in the early 20th century.
An Overview of American Free Speech Doctrine and its Application to Extreme Speech
Authors: Weinstein James 
Published: May 2009

Abstract
This chapter describes the basic features of the American free speech doctrine and then considers its application to various forms of extreme speech. This analysis reveals that most of the speech restrictions considered in this book, while consistent with the constitutional norms of other democracies, would be unconstitutional in the U.S. The leitmotif of contemporary American free speech doctrine is its intense hostility to content regulation of public discourse, particularly viewpoint regulation. In addition, Brandenburg v. Ohio narrowly confines governmental power to punish the advocacy of law violation. Hate speech bans, whether in the form of public order regulations, prohibitions against group defamation, or bans on Holocaust denial, would be deemed unconstitutional. Under Brandenburg, laws that prohibit mere advocacy of terrorism would also be held to violate the First Amendment. The chapter concludes that much of the explanation for American free speech exceptionalism lies in the U.S. Supreme Court's extensive experience with free speech issues, particularly the lessons it learned from its failure to protect adequately dissent in the early part of the 20th century.
Hate Speech in the United Kingdom: An Historical Overview
Authors: Williams QC Sir David 
Published: May 2009

Abstract
This chapter aims to outline briefly the emergence of statutory offences of incitement against the background of sedition and blasphemy at common law. The emphasis is on the law of England and Wales and, in particular, on the emergence of the offences of incitement to racial hatred and of incitement to religious hatred. There is reference also to issues of freedom of speech.
Extreme Speech and Liberalism
Authors: Malik Maleiha 
Published: May 2009

Abstract
This chapter argues that traditional models of liberalism that define democracy as the creation of a public liberal consensus are not an appropriate basis for political engagement with contemporary extremist groups. It proposes an alternative way of defining the goals of liberal politics based on the concepts of ‘agonistic respect’, ‘deliberative democracy’, and ‘discourse ethics’. Agonistic respect and deliberative democracy create political space for extremist groups. At the same time, the principles of discourse ethics contain the potential harm caused by extremist ideas and practices. The chapter also advocates the increased use of non-legal strategies rather than criminal law as a respnse to hate speech.
Hate Speech
Authors: Post Robert 
Published: May 2009

Abstract
The OED teaches us the connection between hate speech and the overall theme of this volume, Extreme Speech. ‘Hate,’ is considered ‘an emotion of extreme dislike or aversion; detestation, abhorrence, hatred.’ A draft OED addition of December 2002 defines ‘hate speech’ as ‘speech expressing hatred or intolerance of other social groups, especially on the basis of race or sexuality.’ To prohibit hate speech, then, is to forbid expression of ‘extreme’ intolerance or ‘extreme’ dislike. The qualification ‘extreme’ is prerequisite because intolerance and dislike are necessary human emotions which no legal order could pretend to abolish. This chapter addresses the question of when do these otherwise appropriate emotions become so ‘extreme’ as to deserve legal suppression. It shows that Europe and America have adopted distinct approaches toward the legal regulation of hate speech that reflect both the different role that public discourse plays in underwriting democratic legitimation in the two continents, and also the distinctly different levels of commitment that citizens of the two continents experience with regard to the felt imperative of maintaining norms of respect constitutive of social solidarity.
Hate Speech, Public Discourse, and the First Amendment
Authors: Heyman Steven J. 
Published: May 2009

Abstract
This chapter contends that public hate speech, such as the Nazi march in Skokie, should not be protected under the First Amendment to the U.S. Constitution. Part I of the chapter outlines a general theory of free expression which holds that speech may be regulated to protect the fundamental rights of others — rights that (like speech itself) are rooted in respect for human dignity and autonomy. Part II applies this theory to political hate speech. This speech invades its targets' rights to personal security, personality, citizenship, and equality. Moreover, the speech is not entitled to protection because of its political character, for political speech is best understood as discourse among individuals who recognize one another as free and equal persons and citizens — a view that derives support from Locke, Hegel, Meiklejohn, and Habermas. Hate speech denies recognition to others and thereby violates the basic rules of public discourse and debate.
Incitement and the Regulation of Hate Speech in Canada: A Philosophical Analysis
Authors: Sumner L. W. 
Published: May 2009

Abstract
Every liberal democracy approaches the regulation of hate speech in its own particular way. This chapter draws on the experience and the particularities of the hate speech laws that have been in place in Canada since 1970. But it also brings to the issue a principled framework for locating the boundaries of free speech, one which derives from John Stuart Mill and has subsequently been operationalized by the Canadian Supreme Court. The discussion concludes that while the best-known piece of Canadian hate speech legislation cannot be justified under this framework, a lesser-known offence has a better chance of success. In the distinction between these offences there are important lessons to be learned for the boundaries of free speech.
Cumulative Jurisprudence and Hate Speech: Sexual Orientation and Analogies to Disability, Age, and Obesity
Authors: Heinze Eric 
Published: May 2009

Abstract
Non-discrimination norms in human rights instruments generally enumerate specified categories for protection, such as race, ethnicity, sex, or religion, etc. They often omit express reference to sexual minorities. Through open-ended interpretation, however, sexual minorities subsequently become incorporated. That ‘cumulative jurisprudence’ yields protections for sexual minorities through norms governing privacy, employment, age of consent, or freedoms of speech and association. Hate speech bans, too, are often formulated with reference to traditionally recognised categories, particularly race and religion. It might be expected that the same cumulative jurisprudence should therefore be applied to include sexual minorities. This chapter challenges that approach. Hate speech bans suffer from inherent flaws. They either promote discrimination by limiting the number of protected categories, or, by including all meritorious categories, would dramatically limit free speech. Sexual minorities within longstanding, stable, and prosperous democracies should generally enjoy all human rights, but should not necessarily seek the protections of hate speech bans.
Blasphemy and Incitement to Religious Hatred: Free Speech Dogma and Doctrine
Authors: Hare Ivan 
Published: May 2009

Abstract
This chapter begins by setting out the historical justifications for laws of blasphemy. It explains how increasing secularization and diversity of religious belief have progressively undermined the justification for protecting religion at all or only the established church from attack. It then analyses how blasphemy came to be abolished in a number of jurisdictions, most recently in England, and how laws on incitement to religious hatred have been introduced in parallel. The chapter concludes that there is no justification for either laws on blasphemy or incitement to religious hatred in a state which is committed to freedom of political expression.
Religious Speech that Undermines Gender Equality
Authors: Evans Carolyn 
Published: May 2009

Abstract
The struggle for gender equality has often been in direct conflict with religious teachings and other forms of speech enunciated by religious leadership. This chapter addresses the issue of religious speech that offends the value of gender equality and the question of how a liberal state should respond to such speech. It develops an argument that attempts to take seriously the legitimate claims of both religious speakers and women who are committed to gender equality, while also acknowledging that these two groups are not mutually exclusive. The chapter commences with some examples of religious hate speech that is harmful to notions of gender equality. It then outlines two models of speech (one liberal and one religious) and explains why neither gives adequate support to religious women who live in communities where religious speech that undermines gender equality is commonplace. Drawing on both religious freedom principles and feminist theory, the chapter argues that the liberal state should respond to religious speech that promotes gender inequality by the adoption of certain policies that empower women inside religious communities, enabling transgressive speech and refusing to give legitimacy to women-hating speech (even if not directly banning it).
Incitement to, and Glorification of, Terrorism
Authors: Barendt Eric 
Published: May 2009

Abstract
The Terrorism Act 2006 introduced into UK law a new offence of encouragement of terrorism. Statements which are likely to be understood as a direct or indirect encouragement or other inducement to the commission of terrorist acts may be caught by the offence. One clause in the Act was particularly controversial: it provides that among the statements likely to be understood as indirectly encouraging an act of terrorism are those glorifying such acts, at least where members of the public would reasonably infer that they should emulate them. This chapter examines the free speech arguments relevant to the new offence of encouragement of terrorism, in particular whether the offence is compatible with the freedom of political speech required by a commitment to liberal democracy.
The Holocaust Denial Decision of the Federal Constitutional Court of Germany
Authors: Grimm Dieter 
Published: May 2009

Abstract
This chapter presents a Holocaust denial case involving a 1994 decision by the German Constitutional Court. Decided before the amendment of section 130, the case did not concern a criminal conviction, but rather arose out of an administrative proceeding. The complainant was the Munich/Upper-Bavarian section of the National Democratic Party of Germany (NPD), a small right-wing party not represented in the Bundestag, the federal parliament. The NPD had planned a public meeting in the city of Munich where David Irving was supposed to speak. According to the announcement by the NPD, the speech would deal with the alleged Jewish blackmailing of German politics by exploiting the Holocaust. The municipal authorities of Munich, who had been notified of the planned assembly by the NPD, issued an order prohibiting Irving, other speakers, and the participants of the assembly from denying the persecution of Jews during the Third Reich.
Extreme Speech and American Press Freedoms
Authors: Bodney David J. 
Published: May 2009

Abstract
This chapter discusses the American constitutional framework for addressing the challenge of extreme speech, with particular emphasis on the rights of the press. It argues that American media's usage of extreme speech is regulated less by laws than by market factors and evolving norms of civility. Today more than ever, the media endeavours to produce what sells. Advertisers are matched with audiences to maximize profits in a rapidly changing media marketplace. Adaptation to the World Wide Web presents a serious challenge to traditional media outlets.
Extreme Speech and the Democratic Functions of the Mass Media
Authors: Rowbottom Jacob 
Published: May 2009

Abstract
This chapter discusses the democratic justification for media freedom. The approach taken towards the media in relation to extreme speech is distinguished from that taken towards the individual. The media may require some protection to pursue its watchdog function when reporting speech that is illegal when advocated by an individual. However, some restraints may be imposed on the media in relation to extreme speech that is legal when spoken by a citizen. This chapter has approached the issue from one particular angle: the justification of media freedom by reference to its democratic functions and how this may permit some regulations that enhance those goals.
1 Introduction: Referendums in a European Context
Authors: Hobolt Sara Binzer 
Published: May 2009

AbstractThis introductory chapter establishes the importance of direct democracy to the process of European integration. It provides an overview of referendums on European integration, outlining the origins and implications of the use of direct democracy in Europe. It categorizes EU referendums into three types: membership referendums, treaty ratification referendums, and single‐issue referendums. Thereafter, it lays out how the ideas of this book fits into the current academic and policy debates about referendums and presents the research design and an overview of the main arguments and findings.
4 Campaign Effects in Referendums
Authors: Hobolt Sara Binzer 
Published: May 2009

AbstractThis chapter examines how the campaign context influences voting behaviour in referendums on Europe. Based on analysis of media coverage, opinion polls, and elite polarization, the chapter evaluates how the campaign context shapes political participation and vote choices. The key finding is that as the intensity of the referendum campaign increases, voters will rely more heavily on sophisticated criteria, such as attitudes and issue position, and political elites will find it more difficult to persuade citizens to vote a certain way. Moreover, intense campaigns also mobilize individuals to participate in referendums. Hence, the campaign environment in EU referendums acts as both an informer and a mobilizer and influences patterns of behaviour.
8 Campaign Dynamics in the Referendums on the European Constitution
Authors: Hobolt Sara Binzer 
Published: May 2009

AbstractThis chapter explores the perhaps most significant votes on Europe so far: the referendums on the European Constitutional Treaty in 2005. The chapter examines the two failed referendums in France and the Netherlands and addresses the questions: Why did the French and the Dutch reject the Constitutional Treaty? Why did the governments fail the task of convincing voters? What was the role of the campaign? Based on systematic research of the campaigns and analyses of the survey data, this chapter provides a comprehensive account of campaign dynamics and voting behaviour in these referendums that ultimately led to the downfall of the European Constitution. The analyses show that the campaigns played an important role in framing certain issue attitudes, such as social issues in France and culture and identity concerns in the Netherlands. These no‐votes thus reflected concerns over specific aspects of European project rather than simply anti‐EU sentiments and protest voting.
5 Historical Fingerprints? A Taxonomy of Norwegian Innovation
Authors: Castellacci Fulvio , Clausen Tommy H. , Nås Svein Olav , Verspagen Bart 
Published: May 2009

AbstractThis chapter presents an empirical analysis of the patterns of innovation, economic structure, and industrial dynamics that characterize the Norwegian system at present. It investigates whether the three historical paths of Norwegian economic development identified in Chapter 2 have left ‘fingerprints’ on the present characteristics of the Norwegian innovation system. It argues that these paths have favoured the strengthening of a resource-based economic structure, and this represents one important factor to explain the low innovation intensity that characterizes the Norwegian system at present. The empirical analysis identifies three major sectoral patterns of innovation, which by and large reflect the development of the three historical paths: science-based innovators, low-intensity innovators, and resource-based innovators. In contrast to previous findings in the industrial dynamics literature, the chapter finds the former group of industries to be less entrepreneurial than commonly assumed, and the latter type of industries to be more turbulent and competitive than it is the case in other countries.