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Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory

Selected Works

2013

Human Rights Law

Articles 1 - 2 of 2

Full-Text Articles in Legal History

Legalized Lynch Mobs In The 21st Century: Racial Improprieties In The Death Penalty, Betsy A. Daniller Oct 2013

Legalized Lynch Mobs In The 21st Century: Racial Improprieties In The Death Penalty, Betsy A. Daniller

Betsy A Daniller

No abstract provided.


Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert Kahn Feb 2013

Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert Kahn

Robert Kahn

European countries restrict hate speech, the United States does not. This much is clear. What explains this difference? Too often the current discussion falls back on a culturally rich but normatively vacant exceptionalism (American or otherwise) or a normatively driven convergence perspective that fails to address historical, cultural and experiential differences that distinguish countries and legal systems. Inspired by the development discourse of historical sociology, this article seeks to record instances where Americans or Europeans have argued their approach to hate speech laws was more “advanced” or “modern.”

To that end this article focuses on two authors whose writing appears …