El lenguaje sexista y el hate speech: un pretexto para discutir sobre los límites de la libertad de expresión y de la tolerancia liberal
The notion of hate speech is common in the American legal tradition, referred to those offensive expressions directed to certain groups, mainly those identified as traditionally excluded minorities. The case of the hate speech enlightens the way the right to freedom of speech as an American traditio...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2013
|
| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4352276 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 30, 2013, pags. 157-198 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The notion of hate speech is common in the American legal tradition, referred
to those offensive expressions directed to certain groups, mainly those
identified as traditionally excluded minorities.
The case of the hate speech enlightens the way the right to freedom of
speech as an American tradition � very reinforced in a democratic-political
theory that supports this right not so much in its character of individual right,
as in its utility for the governmental democratic system � has rejected the
restriction or banning of these type of expressions, emphasized the value of
the public opinion and the market of ideas. On the contrary, the legal systems
with continental tradition have been proved as less permissive opposite to this type of expressions, considered as a threat to the dignity and the human
being equality.
This paper does not seek to provide an exhaustive explanation on how the
hate speech (or alike) has been legally regulated in the compared constitutional
right. Instead, it is an excuse to go into detail about the current discussions
around the liberal tolerance, freedom, equality, the acknowledgement of the
minorities and the subject�s identity formation. Being all matter of intense
debate between the liberal authors, communitarians, feminists, and defenders
of the ethics of recognition, among others.
This paper defends an option, weak to be restricted, of the hate speech
based on a pragmatic and argumentative conception of the law and rights,
and on the validity of creative alternatives against the legal censorship, like
the resignification of speech, the counterspeech and the education. |
|---|