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Stigma, State Expressions and the Law - Implications of Freedom of Speech (Hardcover)
Loot Price: R4,067
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Stigma, State Expressions and the Law - Implications of Freedom of Speech (Hardcover)
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This book demonstrates the difficulties the law is likely to
encounter in regulating the expressive activities of the state,
particularly with regard to the stigmatization of vulnerable groups
and minorities. Freedom of speech is indispensable to a democratic
society, enabling it to operate with a healthy level of debate and
discussion. Historically, legal scholars have underappreciated the
power of stigmatization, instead focusing on anti-discrimination
law, and the implicit assumption that the state is permitted to
communicate freely with little fear of legal consequences. Whilst
integral to a democratic society, the freedom of a state to express
itself can however also be corrosive, allowing influential figures
and organizations the possibility to stigmatize vulnerable groups
within society. The book takes this idea and, uniquely weaving
legal analysis with extant psychological and sociological research,
shows that current legal approaches to stigmatization are limited.
Starting with a deep insight into what constitutes state
expressions and how they can become stigmatizing, the book then
goes on to look into the capacity the law currently has to limit
these expressions and asks even if it could, should it? This
fascinating study of an increasingly topical subject will be of
interest to any legal scholar working in the field of freedom of
expression and discrimination law.
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