Waldron
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Offence and Defence
I come to the third and final part of my comment on Jeremy Waldron’s case for criminalizing hate speech, The Harm in Hate Speech, a book that extends the Holmes Lectures he delivered at Harvard a few years ago. I addressed his attempt to define hate speech as group libel here, concluding that it was not successful. I Continue reading
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Hate and Disagreement
This is the second part of my comment on Jeremy Waldron’s case for criminalizing hate speech, The Harm in Hate Speech. I addressed his attempt to define hate speech as group libel here. That attempt was not successful, I concluded, but that need not mean that we should not be criminalizing hate speech, regardless of Continue reading
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Hate Speech and Group Libel
As I promised yesterday, I want to share a few thoughts on some arguments that Jeremy Waldron makes in The Harm in Hate Speech, his book making the case for criminalizing hate speech. (Prof. Waldron’s Holmes Lectures, from which the book grew, were published in the Harvard Law review, and are available here.) I will address Continue reading
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Federalism and Judicial Review
First of all, apologies for my silence in the last 10 days. I have a partial excuse in that I gave a guest-lecture in Fabien Gélinas’ constitutional law class at McGill last Thursday, about the Rule of Law and the legitimacy of the judges’ law-creating activity, which of course had me freaking-out to prepare. But Continue reading
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Law Like Love
“What is law like? What can we compare it with in order to illuminate its character and suggest answers to some of the perennial questions of jurisprudence?” That’s the opening of Jeremy Waldron’s “Planning for Legality,” 109 Mich. L. Rev. 883 (2010), a review of Scott Shapiro’s book Legality. When I read it recently, it immediately reminded me of Continue reading
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Dreaming Double
As promised, some thoughts on Jeremy Waldron’s new paper on bicameralism, which I summarized last week. First, Waldron’s take on bicameralism reflects his usual fondness of and optimism about legislatures. Legislatures can really be great at making policy, resolving disagreements, and protecting rights, he is convinced, if only they function well. “Legislative due process” is Continue reading
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Waldron on Bicameralism
The ever brilliant and ever productive Jeremy Waldron has posted three new papers on SSRN this week: one on “The Principle of Loyal Opposition,” one on separation of powers, and one on bicameralism. They all look very interesting, and also very relevant to the current Canadian events. I hope to blog on all of them, but Continue reading
Double Aspect 