UCL Discovery
UCL home » Library Services » Electronic resources » UCL Discovery

Tolerating Hate in the Name of Democracy

Greene, AR; Simpson, RM; (2017) Tolerating Hate in the Name of Democracy. The Modern Law Review , 80 (4) pp. 746-765. 10.1111/1468-2230.12283. Green open access

[img]
Preview
Text
Greene Simpson - Tolerating_hate_in_the_name_of_democracy.pdf - Accepted version

Download (360kB) | Preview

Abstract

This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then develop a critical response to this view with three main focal points: (1) the characterisation of democratic legitimacy as something distinct from (and whose demands aren’t identical with those of) legitimacy per se; (2) the claim that the requirements of democracy are hypothetical, rather than categorical, imperatives; and relatedly (3) the question of how we should reconcile the requirements of democratic legitimacy with the costs that may follow from prioritising democratic legitimacy. We argue that there are significant difficulties for Heinze’s account on all three fronts.

Type: Article
Title: Tolerating Hate in the Name of Democracy
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/1468-2230.12283
Publisher version: http://dx.doi.org/10.1111/1468-2230.12283
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
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/1572467
Downloads since deposit
87Downloads
Download activity - last month
Download activity - last 12 months
Downloads by country - last 12 months

Archive Staff Only

View Item View Item