Jeremy Waldron in his essay is questioning Ronald Dworkin's argument that allowing hate speech is necessary to maintain legitimacy of laws like those banning discrimination. He argues that legitimacy is a matter of degree, and adequate design will make sure that hate speech laws will only have a limited effect on legitimacy.
Ronald Dworkin, while accepts that legitimacy is a matter of degree, answers these criticisms by pointing out that Waldron's thesis fails to differentiate between state and individual responsibilities towards other individuals. The government may not adopt any ethical conviction, but this does certainly not hold for individuals. Accordingly, regulating hate speech is not a matter of balancing.
Stephen Holmes, emphasizing that he is not making a legal argument, points out the differences between historical experiences with hate speech and hate crimes in Europe as opposed to those in the United States.
Fruzsina Gárdos-Orosz writes about the regulation of hate speech in the new Civil Code from the perspective of the freedom of expression jurisprudence of the Constitutional Court.
Erik Uszkiewicz in his study raises the question, whether and how the discrimination practice of the police influences the investigation work regarding hate crimes.
Experts from the region discuss human rights litigation combatting school segregation, their motivation, goals and strategies, the public reactions, and on why litigation is necessary, in addition to other tools that aim for desegregation.
Experts have been asked to comment on the legal and intellectual whereabouts of Kuruc.info, an infamous Nazi-portal that has been in the center of legal and political debates and has been subject to numerous unsuccessful attempts for shutting down.
Dorottya Átol, Tamás Dombos, Eszter Jovánovics, Balázs M. Tóth, László András Pap and Márton Udvari in their alternative commentary describe and assess the provision of the new Criminal Code on the violence against members of a community.
Éva Henriett Dinók in her commentary deals with the possible jurisprudential difficulties of the same provision of the Criminal Code.
Erzsébet Kadlót's commentary analysis the possible impact of the sanction system of the new Criminal Code on the adjudication of criminal courts.
In this column summaries of some of the recent decisions of the Hungarian Constitutional Court and the European Court of Human Rights are presented.
Eszter Jovánovics and László András Pap in their joint case study deal with the accusation of Roma people with anti-Hungarian behaviour, as a manifestation of collective guilt in the 21st century Hungary.
Tamás Szigeti reviews the book on the Content and Context of Hate Speech edited by Michael Herz and Péter Molnár, in which also the studies of Jeremy Waldron, Ronald Dworkin and Stephen Holmes republished in Hungarian language in this issue originally appeared. ■
Visszaugrás
