Results for 'insinuation, sarcasm, jokes, hyperbole, political speech, legal liability'

964 found
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  1. Just saying, just kidding : liability for accountability-avoiding speech in ordinary conversation, politics and law.Elisabeth Camp - 2022 - In Laurence R. Horn (ed.), From lying to perjury: linguistic and legal perspective on lies and other falsehoods. Boston: De Gruyter Mouton. pp. 227-258.
    Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. (...)
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  2. Escalating Linguistic Violence: From Microaggressions to Hate Speech.Emma McClure - 2019 - In Jeanine Weekes Schroer & Lauren Freeman (eds.), Microaggressions and Philosophy. New York: Taylor & Francis. pp. 121-145.
    At first glance, hate speech and microaggressions seem to have little overlap beyond being communicated verbally or in written form. Hate speech seems clearly macro-aggressive: an intentional, obviously harmful act lacking the ambiguity (and plausible deniability) of microaggressions. If we look back at historical discussions of hate speech, however, many of these assumed differences turn out to be points of similarity. The harmfulness of hate speech only became widely acknowledged after a concerted effort by critical race theorists, feminists, and other (...)
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  3. Democratic legitimacy, political speech and viewpoint neutrality.Kristian Skagen Ekeli - 2021 - Philosophy and Social Criticism 47 (6):723-752.
    The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and (...)
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  4. Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”.Rebecca Ruth Gould - 2018 - Law, Culture and the Humanities 1 (online first).
    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 (...)
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  5. (1 other version)Bald-faced bullshit and authoritarian political speech: Making sense of Johnson and Trump.Tim Kenyon & Jennifer Saul - 2022 - In Laurence R. Horn (ed.), From lying to perjury: linguistic and legal perspective on lies and other falsehoods. Boston: De Gruyter Mouton. pp. 165-194.
    Donald Trump and Boris Johnson are notoriously uninterested in truthtelling. They also often appear uninterested even in constructing plausible falsehoods. What stands out above all is the brazenness and frequency with which they repeat known falsehoods. In spite of this, they are not always greeted with incredulity. Indeed, Republicans continue to express trust in Donald Trump in remarkable numbers. The only way to properly make sense of what Trump and Johnson are doing, we argue, is to give a greater role (...)
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  6. Lying, Misleading, and Dishonesty.Alex Barber - 2020 - The Journal of Ethics 24 (2):141-164.
    An important moral category—dishonest speech—has been overlooked in theoretical ethics despite its importance in legal, political, and everyday social exchanges. Discussion in this area has instead been fixated on a binary debate over the contrast between lying and ‘merely misleading’. Some see lying as a distinctive wrong; others see it as morally equivalent to deliberately omitting relevant truths, falsely insinuating, or any other species of attempted verbal deception. Parties to this debate have missed the relevance to their disagreement (...)
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  7. The First Amendment in Education: May Faculty at Public Schools Be Disciplined for Political Hate Speech?Ken Levy - 2024 - William and Mary Bill of Rights Journal 33 (1):169-207.
    At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...)
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  8. Rationally-Unquestionable Interrelated Epistemic, Moral, Social, Political, Legal and Educational Values and Virtues (Version 3).Kym Farrand - manuscript
    To fully rationally answer Socrates’s question, ‘How should one live?’, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. ` The issue of rationality is crucial here. ‘Rationality’ here only concerns knowledge, e.g., ways to acquire scientific knowledge, and meta-knowledge concerning values. No values as such are rational or knowledge. However:- Many factors are required for human rationality to exist and develop, e.g., life, mental health and evidence-based education. (...)
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  9. Corporate Speech in Citizens United vs. Federal Election Commission.Kirk Ludwig - 2016 - SpazioFilosofico 16:47-79.
    In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 (...)
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  10. The Reach of Amnesty for Political Crimes: Which Extra-Legal Burdens on the Guilty does National Reconciliation Permit?Thaddeus Metz - 2011 - Constitutional Court Review 3:243-270.
    Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case (...)
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  11. Hate Speech and the Problems of Agency: A Critique of Butler.Kory Schaff - 2000 - Social Philosophy Today 16:185-201.
    At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? Are measures such as hate crimes legislation both (...)
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  12. Proportionality in the Liability to Compensate.Todd Karhu - 2022 - Law and Philosophy 41 (5):583-600.
    There is widely thought to be a proportionality constraint on harming others in self-defense, such that an act of defensive force can be impermissible because the harm it would inflict on an attacker is too great relative to the harm to the victim it would prevent. But little attention has been given to whether a corresponding constraint exists in the ethics of compensation, and, if so, what the nature of that constraint is. This article explores the issue of proportionality as (...)
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  13. A Kantian Conception of Free Speech.Helga Varden - 2010 - In Deidre Golash (ed.), Free Speech in a Diverse World. Springer.
    In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed (...)
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  14. Toleration, Respect for Persons, and the Free Speech Right to do Moral Wrong.Kristian Skagen Ekeli - 2020 - In Mitja Sardoč (ed.), The Palgrave Handbook of Toleration. Palgrave-Macmillan. pp. 149-172.
    The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech – (...)
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  15. Against State Censorship of Thought and Speech: The “Mandate of Philosophy” contra Islamist Ideology.Norman Swazo - 2018 - International Journal of Political Theory 3 (1):11-33.
    Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration of (...)
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  16.  28
    The Responsibility of Freedom of Speech and the Role of Media in Propagating Correct Knowledge.Angelito Malicse - manuscript
    The Responsibility of Freedom of Speech and the Role of Media in Propagating Correct Knowledge -/- In modern societies, freedom of speech is often heralded as a fundamental right, allowing individuals to express their thoughts and opinions freely. However, the concept of absolute freedom of speech is not without its flaws. When viewed through the lens of natural laws, including the universal law of balance, the unchecked exercise of speech can lead to societal imbalances. It is essential to recognize that (...)
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  17. Editorial, Cosmopolis. Spirituality, religion and politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  18. Refining the argument from democracy.Gabe Broughton - forthcoming - Journal of Ethics and Social Philosophy.
    This paper presents a new version of the democratic argument for the freedom of expression that has the resources to give a plausible reply to the perennial objection—ordinarily considered fatal—that such accounts fail to deliver protections for abstract art, instrumental music, and lots of other deserving nonpolitical speech. The argument begins with the observation that there are different things that a free speech theory might aim to accomplish. It will hope to justify a right to free speech, of course, with (...)
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  19. Emotive Language in Argumentation.Fabrizio Macagno & Douglas Walton - 2014 - New York: Cambridge University Press.
    This book analyzes the uses of emotive language and redefinitions from pragmatic, dialectical, epistemic and rhetorical perspectives, investigating the relationship between emotions, persuasion and meaning, and focusing on the implicit dimension of the use of a word and its dialectical effects. It offers a method for evaluating the persuasive and manipulative uses of emotive language in ordinary and political discourse. Through the analysis of political speeches and legal arguments, the book offers a systematic study of emotive language (...)
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  20.  72
    On the Censorship of Conspiracy Theories.Fred Matthews - 2025 - Social Epistemology (N/A):1-14.
    Is it permissible for the state to censor or suppress conspiracy theories, even within liberal democracies? According to a number of political and legal theorists, it is. In this paper, I will argue that the state may sometimes censor conspiracy theories, but it should be permitted to do so only after very strict conditions have been met. I shall first offer some brief thoughts about the definition of ‘conspiracy theory’. I will then critique one existing attempt to address (...)
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  21.  37
    Potíže s legitimní autoritou [Troubles with legitimate authority].Pavel Dufek - 2024 - Právnik 163 (10):1007–1024.
    I pursue three interrelated goals. Firstly, through a Hohfeldian analysis of the concept of a right, I aim to clarify what we mean by attributing to political authority a general right to rule (through legal norms) and to the recipients of its decisions a general obligation to obey these norms, which is con¬tent-independent and preemptive. In this regard, careful differentiation between legal and moral rights and obligations appears crucial. Secondly, I argue that, in contrast to the standard (...)
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  22.  93
    Democratic Vibes.Jonathan Gingerich - 2024 - William and Mary Bill of Rights Journal 32 (4):1135-1186.
    Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the (...)
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  23. Moral Security.Jessica Wolfendale - 2017 - Journal of Political Philosophy 25 (2):238-255.
    In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for (...)
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  24. Law as Counterspeech.Anjalee de Silva & Robert Mark Simpson - 2023 - Ethical Theory and Moral Practice 26 (4):493-510.
    A growing body of work in free speech theory is interested in the nature of counterspeech, i.e. speech that aims to counteract the effects of harmful speech. Counterspeech is usually defined in opposition to legal responses to harmful speech, which try to prevent such speech from occurring in the first place. In this paper we challenge this way of carving up the conceptual terrain. Instead, we argue that our main classificatory division, in theorising responses to harmful speech, should be (...)
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  25.  49
    Artificially sentient beings: Moral, political, and legal issues.Fırat Akova - 2023 - New Techno-Humanities 3 (1):41-48.
    The emergence of artificially sentient beings raises moral, political, and legal issues that deserve scrutiny. First, it may be difficult to understand the well-being elements of artificially sentient beings and theories of well-being may have to be reconsidered. For instance, as a theory of well-being, hedonism may need to expand the meaning of happiness and suffering or it may run the risk of being irrelevant. Second, we may have to compare the claims of artificially sentient beings with the (...)
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  26. Pardons.Adam Perry - 2018 - In David Sobel, Steven Wall & Peter Vallentyne (eds.), Oxford Studies in Political Philosophy. Oxford University Press.
    Pardon powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability to a criminal sanction in a particular case without thereby altering the law, and (c) unconstrained by law. So defined, pardon powers seem to be at odds with two constitutional principles. Contrary to the separation of powers, the pardon power gives to someone other than a judge a decisive role (...)
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  27. Universities and other Institutions – not Hate Speech Laws – are a threat to Freedom of Political Speech.Sigri Gaïni - 2022 - Etikk I Praksis - Nordic Journal of Applied Ethics 1:5-19.
    _One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. (...)
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  28. Ways of Forgetting and Remembering the Eloquence of the 19th Century: Editors of Romanian Political Speeches.Roxana Patraș - 2016 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 3 (1):105-115.
    The paper presents a critical evaluation of the existing anthologies of Romanian oratory and analyzes the pertinence of a new research line: how to trace back the foundations of Romanian versatile political memory, both from a lexical and from an ideological point of view. As I argue in the first part of the paper, collecting and editing the great speeches of Romanian orators seems crucial for today’s understanding of politics (politicians’ speaking/ actions as well as voters’ behavior/ electoral habits). (...)
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  29. Rights, Values, (the) Meaning in/of Life and Socrates’s ‘How Should One Live?’: A Rationally-Unquestionable Interpretation.Kym Farrand - manuscript
    This paper expands on another which focussed on Socrates’s question: ‘How should one live?’. The present paper also focusses on the ‘meaning of life’ and ‘meaning in life’ issues, and more on rights. To fully rationally answer Socrates’s question, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. And knowing how one should live fundamentally involves knowing what values one should live by. This includes which rights one should (...)
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  30. Political vandalism as counter‐speech: A defense of defacing and destroying tainted monuments.Ten-Herng Lai - 2020 - European Journal of Philosophy 28 (3):602-616.
    Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their publicity, (...)
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  31. Interpreting Straw Man Argumentation.Fabrizio Macagno & Douglas Walton - 2017 - Amsterdam: Springer.
    This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including (...)
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  32. Derogatory Terms: Racism, Sexism and the Inferential Role Theory of Meaning.Lynne Tirrell - 1999 - In Kelly Oliver & Christina Hendricks (eds.), Language and Liberation: Feminism, Philosophy, and Language. SUNY Press.
    Derogatory terms (racist, sexist, ethnic, and homophobic epithets) are bully words with ontological force: they serve to establish and maintain a corrupt social system fuelled by distinctions designed to justify relations of dominance and subordination. No wonder they have occasioned public outcry and legal response. The inferential role analysis developed here helps move us away from thinking of the harms as being located in connotation (representing mere speaker bias) or denotation (holding that the terms fail to refer due to (...)
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  33. Adding Insult to Injury.Sebastien Bishop - 2024 - Journal of Ethics and Social Philosophy 27 (2).
    Should the government censor dangerous anti-vaccination propoganda? Should it restrict the praise of terrorist groups, or speech intended to promote discriminatory attitudes? In other words, should the government curb the advocacy of dangerous ideas and actions (i.e. 'harmful advocacy'), or should the government take a more permissive approach? Strong free speech supporters argue that citizens should be free to engage in and to hear harmful advocacy, arguing that restrictions are deeply objectionable at best, and, at worst, wholly impermissible. To support (...)
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  34. The Rights of the Living Dead: Taylor Swift's Zombie Army.Elizabeth Cantalamessa - 2025 - In Brandon Polite (ed.), Taylor Swift and the Philosophy of Re-recording: The Art of Taylor's Versions. Bloomsbury.
    To become a public figure or celebrity, I claim, is to exist alongside a zombie version of yourself. This zombie shares the same name and physical likeness but operates independently of its flesh-and-blood counterpart. In fact, public figures do not have any special authority over the zombie version of themselves, and in some contexts, they enjoy less authority over their zombie counterparts than others do. In the US, for example, public figures are not legally entitled to protections against criticism via (...)
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  35. Hyperbolic Figures.Mihaela Popa-Wyatt - unknown
    It’s natural for hyperbole to mix with metaphor and irony, and other figures of speech. How do they mix together and what kind of compound, if any, arises out of the mixing? In tackling this question, I shall argue that thinking of hyperbolic figures along the lines familiar from ironic metaphor compounds is a temptation we should resist. Looking in particular at hyperbolic metaphor and hyperbolic irony, I argue, they don’t yield a new encompassing compound figure with one figure building (...)
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  36.  40
    Violence, Speech, and Deception in Spinoza's Theological-Political Treatise.Hasana Sharp - 2025 - In Dan Taylor & Marie Wuth (eds.), New Perspectives on Spinoza's Theological-Political Treatise. Edinburgh: Edinburgh University Press. pp. 98-114.
    This chapter is a revised and shortened version of the essay "I dare not mutter a word": Speech and Political Violence in Spinoza, published in Crisis and Critique 8.1 (2021).
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  37. Recent Work in African Political and Legal Philosophy.Thaddeus Metz - 2021 - Philosophy Compass 16 (9):1-10.
    In this article I critically survey non-edited books on political and legal philosophy that have been composed by those working in the sub-Saharan African tradition and have appeared in print since 2016. These monographs principally address political, distributive, and criminal justice at the domestic level, with this article recounting the essentials of these texts as well as noting prima facie weaknesses in their positions and gaps in current research agendas. My aims are to enable readers to obtain (...)
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  38. Pornographic Subordination: How Pornography Silences Women.Lynne Tirrell - 1999 - In Claudia Card (ed.), Feminist Ethics and Politics. University Press of Kansas.
    Making sense of MacKinnon’s claim that pornography silences women requires attention to the discursive and interpretive frameworks that pornography establishes and promotes. Treating pornography as a form of hate speech is promising, but also limited. A close examination of a legal case, in which pornographic images were used to sexually harass, focuses on the hate speech analogy while illustrating the broad and lasting impact of such depictions when targeted at an individual. Applying the distinction between Absolutist and Reclaimer approaches (...)
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  39. The Right to Hunger Strike.Candice Delmas - 2023 - American Political Science Review:1–14.
    Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger strike as noncoercive (...)
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  40. Does Virtue Epistemology Provide a Better Account of the Ad Hominem Argument? A Reply to Christopher Johnson.Gary James Jason - 2011 - Philosophy 86 (1):95-119.
    Christopher Johnson has put forward in this journal the view that ad hominem reasoning may be more generally reasonable than is allowed by writers such as myself, basing his view on virtue epistemology. I review his account, as well as the standard account, of ad hominem reasoning, and show how the standard account would handle the cases he sketches in defense of his own view. I then give four criticisms of his view generally: the problems of virtue conflict, vagueness, conflation (...)
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  41. Why legal theory is political philosophy.William A. Edmundson - 2013 - Legal Theory 19 (4):331-346.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  42. Reparations for Police Killings.Jennifer M. Page - 2019 - Perspectives on Politics 17 (4):958-972.
    After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police (...)
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  43. Schofield, Paul. Duty to Self: Moral, Political, and Legal Self-Relation.[REVIEW]Daniel Muñoz - 2023 - Ethics 133 (3):450-55.
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  44. Children of a Lesser God? The Vividown Case and Privacy on the Internet.Gianluca Andresani & Natalina Stamile - 2019 - Revista da Faculdade de Direito UFPR 64 (2):141-169.
    In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...)
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  45.  89
    Paul Schofield (2021). Duty to Self: Moral, Political, and Legal Self-Relation. Oxford: Oxford University Press. ISBN 9780190941758, $ 74, hbk. [REVIEW]Agnès Baehni - forthcoming - Dialectica.
    Paul Schofield’s Duty to Self (2021) is an excellent contribution to recent moral philosophy. It is a much-needed addition to a literature that has, up until now, largely ignored the possibility of reflexive moral relationships. Thorough and challenging, the book is an indispensable read for students and scholars with an interest in ethics, metaethics and political philosophy. In this review, I outline what I perceive to be the book’s main contributions and discuss some areas of concern about Schofield’s innovative (...)
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  46. A philosophical critique of Feminism: From the third wave to the fourth wave.Mohammed Xolile Ntshangase - 2021 - African Journal of Gender, Society and Development 10 (2):25-40.
    Feminism has been a good movement with the noble aim of freeing the world from the shackles of an evil superiority of men over women. The principal of feminism as a movement was political equality between men and women. In itself, it was a fair and just course such that it was inclusive of men as well, men were also part of the movement with no insults, threats, and hate speech. But in this technological era some impurities have also (...)
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  47. Liberalism and the Construction of Gender (Non-)Normative Bodies and Queer Identities.Karsten Schubert, Ligia Fabris & Holly Patch - 2022 - In Alexandra Scheele, Julia Roth & Heidemarie Winkel (eds.), Global Contestations of Gender Rights. Bielefeld University Press. pp. 269-286.
    The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. (...)
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  48. Re-thinking Opinion and Judgment as Political Speech in Hannah Arendt's Political Thought.David Antonini - forthcoming - The Pluralist.
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  49. Why Legal Rules Are Not Speech Acts and What Follows from That.Marcin Matczak - manuscript
    The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists of (...)
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  50. Gorsuch and Originalism: Some Lessons from Logic, Scripture, and Art.Harold Anthony Lloyd - manuscript
    Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively become (...)
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