Da Silva, A;
Simpson, RM;
(2022)
Law as Counterspeech.
Ethical Theory and Moral Practice
10.1007/s10677-022-10335-3.
(In press).
Preview |
Text
s10677-022-10335-3.pdf - Published Version Download (795kB) | Preview |
Abstract
A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be between pro-discursive and anti-discursive responses. Some legal responses to harmful speech, so we argue, make a positive discursive contribution in their own right. That is, legal restrictions on harmful speech can have a function that is importantly similar to speech that aims at countering the effects of harmful speech.
| Type: | Article |
|---|---|
| Title: | Law as Counterspeech |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1007/s10677-022-10335-3 |
| Publisher version: | https://doi.org/10.1007/s10677-022-10335-3 |
| Language: | English |
| Additional information: | This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities > Dept of Philosophy |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10160290 |
Archive Staff Only
 |
View Item |
