The Hateful and the Obscene

Studies in the Limits of Free Expression

By: Leonard Sumner

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Hardcover | 12 October 2004 | Edition Number 74

At a Glance

Hardcover
288 Pages

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23.5 x 15.6 x 2.5

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In a series of landmark decisions since 1990, Canadian courts have shaped a distinctive approach to the regulation of obscenity, hate literature, and child pornography. Missing from the debate, however, has been any attempt to determine whether the legal status quo can be justified by reference to a framework of moral/political principles. "The Hateful and the Obscene" is intended to fill that gap.

L.W. Sumner brings philosophical depth and theoretical rigour to some of the most important and difficult questions concerning free expression. Building on a framework set out by J.S. Mill ? that a legal restriction of expression is justified only when the expression in question is harmful to others and when the benefits of the restriction will exceed its costs ? Sumner shows how the Canadian courts have replicated Mill's framework in their interpretation of the Canadian Charter of Rights and Freedoms.

"The Hateful and the Obscene" is a compelling interpretation of freedom of expression that combines serious philosophical thought with a focus on Canadian law, thus maintaining the breadth to deal with both obscenity and hate literature.

Industry Reviews

"'L.W. Sumner's balanced and careful book will become an important and controversial lodestar in Canadian debates about freedom of speech under the Charter... This is a contribution of such seriousness and argumentative power that all opponents will need to consider it very carefully.' Frederick Schauer, John F. Kennedy School of Government, Harvard University"

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Preface	p. ix
A Theory of Free Expression?	p. 3
An Anatomy of Rights	p. 4
Concepts and Issues	p. 9
Things to Come	p. 15
Mill's Framework	p. 18
The Harm Principle	p. 20
Liberty of Thought and Discussion	p. 24
The Lessons of Mill's Framework	p. 30
Excluded Harms	p. 35
Conclusion	p. 50
The Balancing Act	p. 52
When Rights Collide	p. 53
Hate Promotion on Trial	p. 57
Land of the Free	p. 70
Conclusion	p. 87
The Myth of Community Standards	p. 88
The Evolution of an Idea	p. 88
Which Community? Whose Standards?	p. 101
The Tyranny of the Community	p. 120
Conclusion	p. 125
In Harm's Way?	p. 126
Pornography and Sexual Violence	p. 127
Pornography and Inequality	p. 141
Defaming, Degrading, Subordinating, Silencing	p. 146
Pornography and Children	p. 155
Hate Speech and Hate Crimes	p. 158
Conclusion	p. 163
From Principle to Policy	p. 165
Restraint by Other Means	p. 166
What Matters	p. 179
An Immodest Proposal	p. 185
Conclusion	p. 202
Notes	p. 205
Cases Cited	p. 247
Works Cited	p. 251
Index	p. 265
Table of Contents provided by Rittenhouse. All Rights Reserved.

The Hateful and the Obscene

Studies in the Limits of Free Expression

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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