Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the (...) British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

Notwithstanding its value as the earliest extant New Persian treatment of the art of rhetoric, Rādūyānī’s Interpreter of Rhetoric (Tarjumān al-Balāgha) has yet to be read from the vantage point of comparative poetics. Composed in the Ferghana region of modern Central Asia between the end of the eleventh century and the beginning of the twelfth century, Rādūyānī’s vernacularization of classical Arabic norms inaugurated literary theory in the New Persian language. I argue here that Rādūyānī’s vernacularization is most consequential with respect (...) to its transformation of the classical Arabic tropes of metaphor (istiʿāra) and comparison (tashbīh) to suit the new exigencies of a New Persian literary culture. In reversing the relation between metaphor and comparison enshrined in Arabic aesthetics, Rādūyānī concretized the Persian contribution to the global study of literary form. -/- . (shrink)

Responding to recent calls made within UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government’s role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the (...) concept of a government-backed definition of Islamophobia appears hypocritical and untenable. Alongside opposing government attempts to define Islamophobia (and Islam), I argue that advocacy efforts should instead focus on disambiguating government counter-terrorism initiatives from the government management of controversies within Islam. Instead of repeating the mistakes of the governmental adoption of the IHRA definition of antisemitism by promoting a new definition of Islamophobia, we ought to learn from the errors that were made. We should resist the gratuitous securitization of Muslim communities, rather than use such definitions to normalize compliance with the surveillance state. (shrink)

In the wake of modernism studies' global turn, this article considers the role of translation in fostering Iranian modernism. Focusing on the poetic translations of Bijan Elahi (1945-2010), one of Iran's most significant poet-translators, we demonstrate how untranslatability becomes a point of departure for his experimental poetics. Elahi used premodern Sufi hermeneutics to develop his modernist theory of translation, whereby the alien core of the text is recognised at the centre of the original. As he engages the translated text from (...) many angles, Elahi confounds polarities between innovation and imitation, and authorship and translation, that continue to bifurcate translation studies. In contributing to the globalization of modernist studies, this work adds to our understanding of modernism's entanglement within premodern concepts of creation, as well as to modernism's recreation of tradition from a non-European periphery. (shrink)