Tekst achterflap

The contributions to this edited volume explore, from various perspectives, the relationship between law and morality. The authors analyze specific issues in the domains of freedom of speech, freedom of religion, constitutionalism, the universality of human rights, animal rights, democracy and terrorism. What unites them is their search for an answer to the question of what values such as justice, fairness, and respect for human rights might mean. The focus on said domains ensures the societal relevance of the discussions. At the same time, they are, while affording the necessary profundity to do justice to the complexity of the themes, written in such a way that they are accessible to non-specialists. The inquiries aim at providing insight into topical debates whose relevance also extends beyond the confines of those debates.

Biografie

Jasper Doomen is an Assistant Professor at the Open University of the Netherlands. Afshin Ellian is Professor of Jurisprudence at Leiden University. His research is focused on freedom of speech and religion, mainly related to terrorism. Gelijn Molier is Associate Professor at Leiden University. He researches on freedom of speech and militant democracy.

Inhoudsopgave

1 Introduction; 2 Law and Morality: Freedom of Expression; 3 Hate speech, tolerance and constitutional development; 4 Using moral intuitions to restrict free speech is dangerous; 5 Law, Morality, and Free Speech; 6 Moderate moderation; 7 Law and morality: the case of blasphemy; 8 Liberalism’s Other Paradox; 9 Freedom of Religion in Europe: The Strasbourg Court’s Dubious Jurisprudence; 10 Religious Freedom: An Unjustifiable Constitutional Right?; 11 The desire for citizenship of the promised city; 12 As the greater strives to include the lesser: is (morality to law) like (secularism to freedom of religion)?; 13 Law, Morality, and Religion: A Legal-Historical Analysis of the Universal Declaration and Contemporary Discourse; 14 Militant constitutionalism as a remedy against backsliding?; 15 Constitutional Review in the Netherlands: The Government’s Proposal for Reform Evaluated; 16 The state of Western constitutionalism: An alternative problem analysis and solution direction; 17 The Fragile Balance: The Precarious Role of the Supreme Court; 18 It is morality all the way down: why liberal states warrant not all fundamental rights equally or even for everyone; 19 Universal or parochial human rights: meandering through law, reason and morality; 20 Compassion at the Center of the Study of Law: Making Sense of Human Rights via the Jurisprudence of Schopenhauer, Cohen and Kelsen; 21 Philosophy of romantic decline; 22 Equality, the enemy of liberty; 23 Animal Advocacy and the Power of Law: Critical Reflections on Animal Rights Theory and the Anthropomorphic Hegemony of Subjectivity; 24 Correcting two thousand years of moral error; 25 The Polemic Nature of Morality; 26 Reflections on Ius Naturale in a democracy; 27 Militant democracy, hate speech and ‘inciting intolerance’: politician Geert Wilders before the Supreme Court in the Netherlands; 28 Morality In Counterterrorism: An Oxymoron?

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