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Extreme Speech and Democracy$
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Ivan Hare and James Weinstein

Print publication date: 2009

Print ISBN-13: 9780199548781

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199548781.001.0001

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Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech

Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech

Chapter:
(p.182) 10 Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech
Source:
Extreme Speech and Democracy
Author(s):

Eric Heinze

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199548781.003.0011

All European states prohibit some form of hate speech. U.S. law fundamentally precludes such bans. Euro-American comparisons can shed light on debates about hate speech, but little attention has been paid to comparative methodology. In view of the political and symbolic importance of free speech, the trans-Atlantic divide inevitably invites cultural comparisons. It is important to avoid drawing broad conclusions about deeper Euro-American differences based solely on black-letter norms. Unduly broad extrapolation from formal norms can lead to problems of essentialism and ahistoricism. Attention is paid in this chapter to the balance between formalist and realist jurisprudence as a pathway into constructive comparisons.

Keywords:   comparative law, European law, free speech, hate speech, legal formalism, legal realism, U.S. law

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