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Hate Speech and Democratic Citizenship
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
The Most Human Right
A bold, groundbreaking argument by a world-renowned expert that unless we treat free speech as the fundamental human right, there can be no others. What are human rights? Are they laid out definitively in the UN’s Universal Declaration of Human Rights or the US Bill of Rights? Are they items on a checklist—dignity, justice, progress, standard of living, health care, housing? In The Most Human Right, Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the prima...
Hate Speech and Democratic Citizenship
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
The Concept of Injustice
The Concept of Injustice insists upon a re-thinking of Western theories of Justice, arguing that injustice, not justice, should be the focus of our attention.
The Logic of Liberal Rights
The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This ...
The Logic of Constitutional Rights
Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
Waging Humanitarian War
How severe must human suffering be before military intervention is considered? Can there be commensurate legal grounding for such an argument? Which actors are the most appropriate agents of intervention? In this reasonable and straightforward approach to the perplexing issue of humanitarian intervention, Eric A. Heinze incorporates insights from various strands of ethical, legal, and international relations theory. He identifies the conditions under which humanitarian intervention is morally permissible, establishes the extent to which such an ethical argument can be grounded in international law, and determines which actors are best equipped to undertake this task under prevailing political conditions. Heinze presents the reader with a number of empirical examples, including the 1999 Kosovo intervention, the 2003 Iraq war, and the ongoing humanitarian crisis in Darfur, Sudan. The result is a more theoretically consistent—and therefore more practically workable—approach to humanitarian intervention.
Anonymous Speech
Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists' sources, where the law upholds a freedom to communicate anonymously through the media. A separate c...
Law and Memory
The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Sexual Orientation: A Human Right
This book is the first to examine sexual orientation from the viewpoint of international human rights law. It does not simply `create' a platform of rights and argue for their `introduction' in human rights law. Rather, it examines how extant international norms should be construed to include rights against discrimination on the basis of sexual orientation, including rights of privacy, equality, speech, expression, and association. It raises questions of cultural relativism, religious faith, social science, and legal theory. It will be of interest to international jurists, human rights organizations, gay rights organizations, constitutional scholars, and anyone interested in expanding the role of international human rights law as a formidable adversary of persecution and discrimination throughout the world.
