PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW
The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the transla...
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| Format: | Article |
| Language: | English |
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Universidad de Jaén
2019-06-01
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| Series: | Age of Human Rights Journal |
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| Online Access: | https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/4810/3833 |
| _version_ | 1818140282587185152 |
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| author | ALESSANDRO DI ROSA |
| author_facet | ALESSANDRO DI ROSA |
| author_sort | ALESSANDRO DI ROSA |
| collection | DOAJ |
| description | The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one based on a liberal conception of freedom as non-interference and a perlocutionary understanding of performative speech acts; the second one adopting a neo-republican interpretation of freedom as non-domination and an illocutionary understanding of speech acts. Finally, the work aims to critically sift through the application of the theory of performativity to the legal definitions that hate speech has acquired within this context. |
| first_indexed | 2024-12-11T10:41:31Z |
| format | Article |
| id | doaj.art-753b925d74614764acb79753384aa5d5 |
| institution | Directory Open Access Journal |
| issn | 2340-9592 |
| language | English |
| last_indexed | 2024-12-11T10:41:31Z |
| publishDate | 2019-06-01 |
| publisher | Universidad de Jaén |
| record_format | Article |
| series | Age of Human Rights Journal |
| spelling | doaj.art-753b925d74614764acb79753384aa5d52022-12-22T01:10:34ZengUniversidad de JaénAge of Human Rights Journal2340-95922019-06-011210513210.17561/tahrj.n12.6PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAWALESSANDRO DI ROSA 0University of ParmaThe first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. The second part, in turn, aims to suggest two possible perspectives on the translation of these philosophical demands into positive legislation within human rights law: the first one based on a liberal conception of freedom as non-interference and a perlocutionary understanding of performative speech acts; the second one adopting a neo-republican interpretation of freedom as non-domination and an illocutionary understanding of speech acts. Finally, the work aims to critically sift through the application of the theory of performativity to the legal definitions that hate speech has acquired within this context.https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/4810/3833hate speechfreedom of speechperformativitynon-domination |
| spellingShingle | ALESSANDRO DI ROSA PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW Age of Human Rights Journal hate speech freedom of speech performativity non-domination |
| title | PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW |
| title_full | PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW |
| title_fullStr | PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW |
| title_full_unstemmed | PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW |
| title_short | PERFORMATIVE HATE SPEECH ACTS. PERLOCUTIONARY AND ILLOCUTIONARY UNDERSTANDINGS IN INTERNATIONAL HUMAN RIGHTS LAW |
| title_sort | performative hate speech acts perlocutionary and illocutionary understandings in international human rights law |
| topic | hate speech freedom of speech performativity non-domination |
| url | https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/4810/3833 |
| work_keys_str_mv | AT alessandrodirosa performativehatespeechactsperlocutionaryandillocutionaryunderstandingsininternationalhumanrightslaw |