This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.
International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.
A thrilling true crime account of the scandalous private life of Jeremy Thorpe, the British MP whose covert homosexual affair led to blackmail, cover ups, a hired hitman, and ended with the “Trial of the Century." As a Member of Parliament and Leader of the Liberal Party in the 1960s and 70s, Jeremy Thorpe's bad behavior snuck under the radar for years. Police and politicians alike colluded to protect one of their own. In 1970, Thorpe was the most popular and charismatic politician in the country, poised to hold the balance of power in a coalition government. But Jeremy Thorpe was a man with a secret. His homosexual affairs and harassment of past partners, along with his propensity for lying and embezzlement, only escalated as he evaded punishment. Until a dark night on the moor with an ex-lover, a dog, and a hired gun led to consequences that even his charm and power couldn't help him escape. Dubbed the "Trial of the Century," Thorpe's climactic case at the Old Bailey in London was the first time that a leading British politician had stood trial on a murder charge, and the first time that a murder plot had been hatched in the House of Commons. And it was the first time that a prominent public figure had been exposed as a philandering gay man, in an era when homosexuality had only just become legal. With the pace and drama of a thriller, A VERY ENGLISH SCANDAL is an extraordinary story of hypocrisy, deceit, and betrayal at the heart of the British Establishment.
Modern Women on Trial looks at several sensational trials involving drugs, murder, adultery, miscegenation and sexual perversion in the period 1918–24. The trials, all with young female defendants, were presented in the media as morality tales, warning of the dangers of sensation-seeking and sexual transgression. The book scrutinises the trials and their coverage in the press to identify concerns about modern femininity. The flapper later became closely associated with the 'roaring' 1920s, but in the period immediately after the Great War she represented not only newness and hedonism, but also a frightening, uncertain future. This figure of the modern woman was a personification of the upheavals of the time, representing anxieties about modernity, and instabilities of gender, class, race, and national identity. This accessible, extensively researched book will be of interest to all those interested in social, cultural or gender history.
The controversial Netherlands Parliament member recounts his battle against the spread of Islam in the West, addressing why liberal politicians downplay the threat and why the free speech of Islam's critics is often suppressed.
Calling upon personal testimony and documents released under the Freedom of Information Act, chronicles the life of Henry Kissinger, linking him to events including the war in Indochina and genocide in East Timor.
The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a "Unified Liability Theory," which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as "Incitement Law" or "International Hate Speech Law," labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: "atrocity speech law."
Covers the landmark First Amendment case involving Benjamin Gitlow, an avowed communist who was tried for sedition under New York's Criminal Anarchy Law. In 1925, by a 7-2 vote, the Supreme Court upheld his conviction, suggesting in effect that Gitlow's threat to national security trumped his right to speak freely.
The denial of the Holocaust has no more credibility than the assertion that the earth is flat. Yet there are those who insist that the death of six million Jews in Nazi concentration camps is nothing but a hoax perpetrated by a powerful Zionist conspiracy. Sixty years ago, such notions were the province of pseudohistorians who argued that Hitler never meant to kill the Jews, and that only a few hundred thousand died in the camps from disease; they also argued that the Allied bombings of Dresden and other cities were worse than any Nazi offense, and that the Germans were the “true victims” of World War II. For years, those who made such claims were dismissed as harmless cranks operating on the lunatic fringe. But as time goes on, they have begun to gain a hearing in respectable arenas, and now, in the first full-scale history of Holocaust denial, Deborah Lipstadt shows how—despite tens of thousands of living witnesses and vast amounts of documentary evidence—this irrational idea not only has continued to gain adherents but has become an international movement, with organized chapters, “independent” research centers, and official publications that promote a “revisionist” view of recent history. Lipstadt shows how Holocaust denial thrives in the current atmosphere of value-relativism, and argues that this chilling attack on the factual record not only threatens Jews but undermines the very tenets of objective scholarship that support our faith in historical knowledge. Thus the movement has an unsuspected power to dramatically alter the way that truth and meaning are transmitted from one generation to another.
The controversial weekly columnist presents an assessment of liberalism in relation to mob behavior, detailing how the Democratic Party relies on mobs and mob thinking in the promotion of its agenda.
Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state. The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its "police power," the state hoped to eliminate the employers' abuse of these workers. But the 5-4 majority opinion, authored by Justice Rufus Peckham and renounced by Justice Oliver Wendell Holmes, cited the state's violation of due process and the "right of contract between employers and employees," which the majority believed was protected by the Fourteenth Amendment. Critics jumped on the decision as an example of conservative juidicial activism promoting laissez-faire capitalism at the expense of progressive reform. As series editors Peter Hoffer and N.E.H. Hull note in their preface, "the case also raised a host of significant questions regarding the impetus of state legislatures to enter the workplace and regulate hours, wages, and working conditions; of the role of courts as monitors of the constitutionality of state regulation of the economy; and of the place of economic and moral theories in judicial thinking." Kens, however, reminds us that these hotly contested ideas and principles emerged from a very real human drama involving workers, owners, legislators, lawyers, and judges. Within the crucible of an industrializing America, their story reflected the fierce competition between two powerful ideologies.
“This is a book for people who want the West to regain its moral high ground, and who want to think hard about how to help achieve that.” —Anne Applebaum An international bestseller, To Fight Against This Age consists of two beautifully written, cogent, and urgent essays about the rise of fascism and the ways in which we can combat it. In “The Eternal Return of Fascism,” Rob Riemen explores the theoretical weakness of fascism, which depends on a politics of resentment, the incitement of anger and fear, xenophobia, the need for scapegoats, and its hatred of the life of the mind. He draws on history and philosophy as well as the essays and novels of Thomas Mann and Albert Camus to explain the global resurgence of fascism, often disguised by its false promises of ushering in freedom and greatness. Riemen’s own response to what he sees as the spiritual crisis of our age is articulated in “The Return of Europa,” a moving story about the meaning of European humanism with its universal values of truth, beauty, justice, and love for life—values that are the origin and basis of a democratic civilization. To Fight Against This Age is as timely as it is timeless, to be read by those who want to understand and change the world in which they live.
Explores the consensus of more than two dozen psychiatrists and psychologists that President Donald Trump is dangerously mentally ill and that he presents a clear and present danger to the nation. --Publisher
Skeptical Music collects the essays on poetry that have made David Bromwich one of the most widely admired critics now writing. Both readers familiar with modern poetry and newcomers to poets like Marianne Moore and Hart Crane will relish this collection for its elegance and power of discernment. Each essay stakes a definitive claim for the modernist style and its intent to capture an audience beyond the present moment. The two general essays that frame Skeptical Music make Bromwich's aesthetic commitments clear. In "An Art without Importance," published here for the first time, Bromwich underscores the trust between author and reader that gives language its subtlety and depth, and makes the written word adequate to the reality that poetry captures. For Bromwich, understanding the work of a poet is like getting to know a person; it is a kind of reading that involves a mutual attraction of temperaments. The controversial final essay, "How Moral Is Taste?," explores the points at which aesthetic and moral considerations uneasily converge. In this timely essay, Bromwich argues that the wish for excitement that poetry draws upon is at once primitive and irreducible. Skeptical Music most notably offers incomparable readings of individual poets. An essay on the complex relationship between Hart Crane and T. S. Eliot shows how the delicate shifts of tone and shading in their work register both affinity and resistance. A revealing look at W. H. Auden traces the process by which the voice of a generation changed from prophet to domestic ironist. Whether discussing heroism in the poetry of Wallace Stevens, considering self-reflection in the poems of Elizabeth Bishop, or exploring the battle between the self and its images in the work of John Ashbery, Skeptical Music will make readers think again about what poetry is, and even more important, why it still matters.
Objective Troy tells the gripping and unsettling story of Anwar al-Awlaki, the once-celebrated American imam who called for moderation after 9/11, a man who ultimately directed his outsized talents to the mass murder of his fellow citizens. It follows Barack Obama’s campaign against the excesses of the Bush counterterrorism programs and his eventual embrace of the targeted killing of suspected militants. And it recounts how the president directed the mammoth machinery of spy agencies to hunt Awlaki down in a frantic, multi-million-dollar pursuit that would end with the death of Awlaki by a bizarre, robotic technology that is changing warfare—the drone. Scott Shane, who has covered terrorism for The New York Times over the last decade, weaves the clash between president and terrorist into both a riveting narrative and a deeply human account of the defining conflict of our era. Awlaki, who directed a plot that almost derailed Obama’s presidency, and then taunted him from his desert hideouts, will go down in history as the first United States citizen deliberately hunted and assassinated by his own government without trial. But his eloquent calls to jihad, amplified by YouTube, continue to lure young Westerners into terrorism—resulting in tragedies from the Boston marathon bombing to the murder of cartoonists at a Paris weekly. Awlaki’s life and death show how profoundly America has been changed by the threat of terrorism and by our own fears. Illuminating and provocative, and based on years of in depth reporting, Objective Troy is a brilliant reckoning with the moral challenge of terrorism and a masterful chronicle of our times.
On July 11, 1963, a seemingly harmless dry cleaning van drew up outside a rural farm near Johannesburg, South Africa. Within seconds, heavily armed police had burst out and arrested the entire high command of the armed wing of the African National Congress (ANC). Together with the already imprisoned Nelson Mandela, they were put on trial and charged with conspiring to overthrow the apartheid government by violent revolution. Their expected punishment was death. In this compelling book, their defense attorney, Joel Joffe, gives a blow-by-blow account of the most important trial in South Africa’s history, vividly portraying the characters of those involved and exposing the astonishing bigotry and rampant discrimination faced by the accused, as well as showing their incredible courage under fire.
'I disapprove of what you say, but I will defend to the death your right to say it' This slogan, attributed to Voltaire, is frequently quoted by defenders of free speech. Yet it is rare to find anyone prepared to defend all expression in every circumstance, especially if the views expressed incite violence. So where do the limits lie? What is the real value of free speech? Here, Nigel Warburton offers a concise guide to important questions facing modern society about the value and limits of free speech: Where should a civilized society draw the line? Should we be free to offend other people's religion? Are there good grounds for censoring pornography? Has the Internet changed everything? This Very Short Introduction is a thought-provoking, accessible, and up-to-date examination of the liberal assumption that free speech is worth preserving at any cost. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

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