Tuesday, November 02, 2010

Two new papers by Jeremy Waldron

Professor Jeremy Waldron has posted two new papers on SSRN:

(1) Socioeconomic Rights and Theories of Justice

This paper considers the relation between theories of justice (like John Rawls’s theory) and theories of socio-economic rights. In different ways, these two kinds of theory address much the same subject-matter. But they are quite strikingly different in format and texture. Theories of socio-economic rights defend particular line-item requirements: a right to this or that good or opportunity (e.g., housing, health care, education, social security). Theories of justice tend to involve a more integrated normative account of a society’s basic structure (though they differ considerably among themselves in their structure). So how exactly should we think about their relation? The basic claim of the paper is that we should strive to bring these two into closer relation with one another, since it is only in the context of a theory of justice that we can properly assesses the competition that arises between claims of socio-economic right and other claims on public and private resources.

(2) Toleration and Calumny: Bayle, Locke, Montesquie and Voltaire on Religious Hate Speech

[Amnesty International Lecture, Oxford, May 12, 2010]

There is a considerable literature on the issue of hate speech. And there is a considerable literature on religious toleration (both contemporary and historic). But the two have not been brought into relation with one another. In this paper, I consider how the argument for religious toleration extends beyond a requirement of non-persection and non-establishment. I consider its application to the question of religious vituperation. The focus of the paper is on 17th and 18th century theories. Locke, Bayle and other Enlightenment thinkers imagined a tolerant society as a society free of hate speech: the kind of religious peace that they envisaged was a matter of civility not just non-persecution. The paper also considers the costs of placing limits (legal or social limits) on religious hate-speech: does this interfere with the forceful expression of religious antipathy which (for some people) the acceptance of their creed requires?

See my posts on Jeremy Waldron's 2009 Holmes Lectures on hate speech here and here.

Jeremy Waldron is University Professor at New York University School of Law.

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