Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features and practical considerations . The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues (...) that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue. (shrink)

This paper explores the Offence Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm. The nature of the Harm Principle, and its relationship to the Offense Principle, are also considered. The paper suggests that, even if all cases in which offense should be criminalized also involve harm, (...) nonetheless there may be good reasons to retain a separate Offense Principle. (shrink)

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion will not involve (...) individual subjection or domination insofar as we enjoy an equally shared form of control over those in power. This claim may seem utopian but it is supported by a realistic model of the institutions that might establish such democratic control. Beginning with a fresh articulation of republican ideas, Pettit develops a highly original account of the rationale of democracy, breathing new life into democratic theory. (shrink)

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality's supreme authority--an account that ...

S. 39: "My project in this paper is to develop the initial distinction which I have drawn between recognition and appraisal respect into a more detailed and specific account of each. These accounts will not merely be of intrinsic interest. Ultimately I will use them to illuminate the puzzles with which this paper began and to understand the idea of self-respect." 42 " Thus, insofar as respect within such a pursuit will depend on an appraisal of the participant from the (...) perspective of whatever standards are held to be appropriate to the pursuit, such respect will depend on a judgement to which excellences of character are thought relevant. Note that exactly what aspect of the person's character is thought to be relevant in this instance is his recognition respect (or lack of it) for the standards of the pursuit." 44 "This attitude fails of being appraisal respect in that my having it toward the person is conditional on those traits being such as to make him server a particular purpose that I happen to have" 44 - 45 "To sum up: Appraisal respect is an attitude of positibe appraisal of a person either judged as a person or as engaged in some more specific pursuit. In the first case, the appropriate grounds are features of the person's character: dispositions to act for particular reasons or a higher-level disposition to act for the best reasons. In the second case, though features of character do not exhaust the appropriate grounds for appraisal respect, some such character traits will be relevant (recognition respect for the standards of a particular pursuit). Also, the other features which constitute the appoprate excellences of the pursuit must be related to traits of character in the way specified. In both cases, the positive appraisal of the person, and of his traits, must be categorical. It cannot depend on the fact that the person, because of his traits, serves an interest or purpose of one's own." 45 "To have recognition respect for someone as a person is to give appropriate weight to the fact that he or she is a person by being willing to constrain one's behaviour in ways required by that fact." 45 "This is rather different from having an attitude of appraisal respect for someone as a person. The latter is a positive appraisal oif an individual made with regard ti those features which are excellences of persons. As such, it is not owed to everone, for it may or may not be merited. When it is, what is merited is just the positive appraisal itself." 47 "Second, the only beings who are approriate objects of appraisal respect are those who are capable of acting for reasons and hence capable of conceiving of various facts as meriting more or less consideration in deliberation.". (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

According to an influential objection, which Martha Nussbaum has powerfully restated, expressing anger in democratic public discourse is counterproductive from the standpoint of justice. To resist this challenge, this article articulates a crucial yet underappreciated sense in which angry discourse is epistemically productive. Drawing on recent developments in the philosophy of emotion, which emphasize the distinctive phenomenology of emotion, I argue that conveying anger to one’s listeners is epistemically valuable in two respects: first, it can direct listeners’ attention to elusive (...) morally relevant features of the situation; second, it enables them to register injustices that their existing evaluative categories are not yet suited to capturing. Thus, when employed skillfully, angry speech promotes a greater understanding of existing injustices. This epistemic role is indispensable in highly divided societies, where the injustices endured by some groups are often invisible to, or misunderstood by, other... (shrink)

Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

This text argues that justice is a virtue which everyone shares - a function of personal character and not just of government or economic planning. It uses examples from Plato to Ivan Boesky, to document how we live and how we feel.

The first comprehensive analysis of the philosophical issues raised by the hijab controversy in France, this book also conducts a dialogue between contemporary Anglo-American and French political theory and defends a progressive republican solution to so-called multicultural conflicts in contemporary societies. It critically assesses the official republican philosophy of laïcité which purported to justify the 2004 ban on religious signs in schools. Laïcité is shown to encompass a comprehensive theory of republican citizenship, centered on three ideals: equality (secular neutrality of (...) the public sphere), liberty (individual autonomy and emancipation) and fraternity (civic loyalty to the community of citizens). Challenging official interpretations of laïcité, the book then puts forward a critical republicanism which does not support the hijab ban, yet upholds a revised interpretation of three central republican commitments: secularism, non-domination and civic solidarity. Thus, it articulates a version of secularism which squarely addresses the problem of status quo bias - the fact that Western societies are historically not neutral towards all religions. It also defends a vision of female emancipation which rejects the coercive paternalism inherent in the regulation of religious dress, yet does not leave individuals unaided in the face of religious and secular, patriarchal and ethnocentric domination. Finally, the book outlines a theory of immigrant integration which places the burden of civic integration on basic socio-political institutions, rather than on citizens themselves. Critical republicanism proposes an entirely new approach to the management of religious and cultural pluralism, centred on the pursuit of the progressive ideal of non-domination in existing, non-ideal societies. (shrink)

In his most recent book, Philip Pettit presents and defends a “republican” political philosophy that stems from a tradition that includes Cicero, Machiavelli, James Harrington, Locke, Montesquieu, Rousseau, and Madison. The book provides an interpretation of what is distinctive about republicanism—namely, Pettit claims, its notion of freedom as nondomination. He sketches the history of this notion, and he argues that it entails a unique justification of certain political arrangements and the virtues of citizenship that would make those arrangements possible. Of (...) historical and philosophical interest, he stresses, is the fundamental contrast between freedom as nondomination and slavery. Joseph Priestly, for instance, invoked this contrast in defending the cause of the American Revolution, and in 1769 declared, incredibly, that if the parliament of Great Britain continued to tax the American colonies, “the colonists will be reduced to a state of as complete servitude, as any people of which there is an account in history”. Those opposed to American independence, among them Jeremy Bentham, relied instead on a Hobbesian notion of freedom as noninterference, using it to argue that the colonists were no more interfered with by the British government than were citizens of Britain. Drawing out this contrast, Pettit aims to establish that a republican view of freedom better supports the institutions of a constitutional democracy than does liberalism. His account of the distinguishing characteristics and strengths of republicanism is, however, only partially successful. Neither his case that a republican notion of freedom provides for a more solid defense of democratic institutions and constitutional protections than is available within liberalism, nor his argument that republicanism can better address “private” injustices, is convincing. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

Autonomy is increasingly rejected as a fundamental principle by liberal political theorists because it is regarded as incompatible with respect for diversity. This article seeks, via an analysis of the Danish cartoon controversy, to show that the relationship between autonomy and diversity is more complex than often posited. Particularly, it asks whether the autonomy defense of freedom of expression encourages disrespect for religious feelings. Autonomy leads to disrespect for diversity only when it is understood as a character ideal that must (...) be promoted as an end in itself. If it by contrast is understood as something we should presume everyone possesses, it provides a strong basis for equal respect among people from diverse cultures. A Kantian conception of autonomy can justify the right to freedom of expression while it at the same time requires that we in the exercise of freedom of expression show respect for others as equals. (shrink)

In Liberalism's Religion, I analyse the specific conception of religion that liberalism relies upon. I argue that the concept of religion should be disaggregated into its normatively salient features. When deciding whether to avert undue impingements on religious observances, or to avoid any untoward support of such observances, liberal states should not deal with ‘religion’ as such but, rather, with relevant dimensions of religious phenomena. States should avoid religious entanglement when ‘religion’ is epistemically inaccessible, socially divisive and/or comprehensive in scope. (...) In turn, states should show special deference to religious observances insofar as they exhibit what I call integrity – whether personal or collective. The upshot of this interpretive strategy is that liberal law need not recognise religion as such. As a result, there are gaps between the liberal construal of disaggregated religion and the lived experience of religion as a uniquely integrated experience. Are these gaps morally regrettable? Are they unjust? (shrink)