Liberal Democracy and the Limits of Tolerance: Essays in Honor and Memory of Yitzhak RabinRaphael 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. |
From inside the book
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Page 1
... principles . The working of these principles is designed to promote values that those systems hold dear . However , these same principles might endanger the very foundations of the political systems . The case is clear when ...
... principles . The working of these principles is designed to promote values that those systems hold dear . However , these same principles might endanger the very foundations of the political systems . The case is clear when ...
Page 2
... principles that underlie democracy and devote much less detailed discus- sion to the exceptions to the rules . Generally ... principle is to break all rules of the game ? How are we to prevent the slippery slope syndrome , that is , make ...
... principles that underlie democracy and devote much less detailed discus- sion to the exceptions to the rules . Generally ... principle is to break all rules of the game ? How are we to prevent the slippery slope syndrome , that is , make ...
Page 4
... principle we typically assign the legal and moral responsibility to the agent committing the violent and unlawful act , and not to the speaker whose words may have contributed to the outcome . Schauer emphasizes the cost that society is ...
... principle we typically assign the legal and moral responsibility to the agent committing the violent and unlawful act , and not to the speaker whose words may have contributed to the outcome . Schauer emphasizes the cost that society is ...
Page 5
... principle were in place . Consequently , when a free speech principle is present , a society may find itself tolerating more violence than it would were no free speech principle in place . In this sense , tolerating violence - fos ...
... principle were in place . Consequently , when a free speech principle is present , a society may find itself tolerating more violence than it would were no free speech principle in place . In this sense , tolerating violence - fos ...
Page 7
... Principle . The essays of Owen Fiss and myself discuss this special form of speech and warn against its harmful consequences . Both of us draw upon John Stuart Mill's corn - dealer example in explaining what incitement is . Both of us ...
... Principle . The essays of Owen Fiss and myself discuss this special form of speech and warn against its harmful consequences . Both of us draw upon John Stuart Mill's corn - dealer example in explaining what incitement is . Both of us ...
Contents
1 | |
24 | |
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 |
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Common terms and phrases
action advocacy of violence Amendment American argued argument assassination broadcast Canada Canadian casuistry chap Charter civil claims Cohen-Almagor constitutional context crime criminal decision defend democracy democratic society discussion effect essay Ethics example extreme extremist free and democratic free speech freedom of expression halachic harm hate literature hate propaganda hate speech hatemongering hatred Holocaust denial Human Rights Ibid incitement individual interests Internet Israel Israeli issue J. S. Mill Jewish Jews John Stuart Mill journalists Justice justified Keegstra Klan land of Israel law enforcement legislation legitimate liberal democracy mass media ment messages Mill Mill's moral Northern Ireland offense opinion peace police political violence Prime Minister Rabin's prohibit promotion protection Public Order question Rabbi Rabin racial racist racist expression reason religious Report responsible restriction Schauer social Supreme Court target group terrorism terrorist threat tion Unabomber United University Press values views Yitzhak Yitzhak Rabin Zundel
Popular passages
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.