Liberal Democracy and the Limits of Tolerance: Essays in Honor and Memory of Yitzhak Rabin

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Raphael Cohen-Almagor
University of Michigan Press, 2009 M12 22 - 320 pages
An irony inherent in all political systems is that the principles that underlie and characterize them can also endanger and destroy them. This collection examines the limits that need to be imposed on democracy, liberty, and tolerance in order to ensure the survival of the societies that cherish them. The essays in this volume consider the philosophical difficulties inherent in the concepts of liberty and tolerance; at the same time, they ponder practical problems arising from the tensions between the forces of democracy and the destructive elements that take advantage of liberty to bring harm that undermines democracy.
Written in the wake of the assasination of Yitzhak Rabin, this volume is thus dedicated to the question of boundaries: how should democracies cope with antidemocratic forces that challenge its system? How should we respond to threats that undermine democracy and at the same time retain our values and maintain our commitment to democracy and to its underlying values?
All the essays here share a belief in the urgency of the need to tackle and find adequate answers to radicalism and political extremism. They cover such topics as the dilemmas embodied in the notion of tolerance, including the cost and regulation of free speech; incitement as distinct from advocacy; the challenge of religious extremism to liberal democracy; the problematics of hate speech; free communication, freedom of the media, and especially the relationships between media and terrorism.
The contributors to this volume are David E. Boeyink, Harvey Chisick, Irwin Cotler, David Feldman, Owen Fiss, David Goldberg, J. Michael Jaffe, Edmund B. Lambeth, Sam Lehman-Wilzig, Joseph Eliot Magnet, Richard Moon, Frederick Schauer, and L.W. Sumner. The volume includes the opening remarks of Mrs.Yitzhak Rabin to the conference--dedicated to the late Yitzhak Rabin--at which these papers were originally presented. These studies will appeal to politicians, sociologists, media educators and professionals, jurists and lawyers, as well as the general public.

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Contents

Introduction
1
The Legacy of Yitzhak Rabin
24
The Cost of Communicative Tolerance
28
Legal Values and the Control of PublicOrder Policing
43
Freedom of Speech and Political Violence
70
Boundaries of Freedom of Expression before and after Prime Minister Rabins Assassination
79
Liberal Indifference and Nonconsensual Violence
99
The Paradox of Israeli Civil Disobedience and Political Revolt in Light of the Jewish Tradition
114
The Regulation of Racist Expression
182
Freedom of the Press and Terrorism
200
The Unabomber the Ku Klux Klan and the Militias
215
Pragmatic Liberalism and the Press in Violent Times
232
Hate Speech Communication and the International Community
251
Censorship in Global Distributed Networks
275
Contributors
295
Index of Court Cases
299

Should Hate Speech Be Free Speech? John Stuart Mill and the Limits of Tolerance
133
Boundaries of Liberty and Tolerance in a Liberal Democracy
151
Index
301
Copyright

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Page 27 - O Captain! my Captain! rise up and hear the bells; Rise up — for you the flag is flung — for you the bugle trills, For you bouquets and ribbon'd wreaths— for you the shores a-crowding, For you they call, the swaying mass, their eager faces turning; Here Captain! dear father! This arm beneath your head! It is some dream that on the deck, You've fallen cold and dead.
Page 67 - Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
Page 256 - Namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population before or during the war or persecutions on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
Page 142 - As soon as any part of a person's conduct affects prejudicially the interests of others, society has jurisdiction over it, and the question whether the general welfare will or will not be promoted by interfering with it, becomes open to discussion.
Page 149 - On the contrary, even opinions lose their immunity, when the circumstances in which they are expressed are such as to constitute their expression a positive instigation to some mischievous act. An opinion that corndealers are starvers of the poor, or that private property is robbery, ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a...
Page 30 - For you they call, the swaying mass, their eager faces turning; Here Captain! dear father! This arm beneath your head! It is some dream that on the deck You've fallen cold and dead. My Captain does not answer, his lips are pale and still, My father does not feel my arm, he has no pulse nor will, The ship is...
Page 49 - Article 10, it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no 'democratic society'.
Page 67 - Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers ... 2.
Page 142 - In the first place, it must by no means be supposed, because damage, or probability of damage, to the interests of others, can alone justify the interference of society, that therefore it always does justify such interference. In many cases, an individual, in pursuing a legitimate object, necessarily and therefore legitimately causes pain or loss to others, or intercepts a good which they had a reasonable hope of obtaining.
Page 50 - Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

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