Conceptualising the tortuous harms of sexist and racist hate speech
Online sexist and racist hate speech has been condemned by many and condoned by most. In this paper we explicate in private legal terms the harms caused by sexist and racist hate speech. By centring the experiences of women of colour through coded testimonies we seek to rethink harm in tort in order...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2023-03-01
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| Series: | European Law Open |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2752613523000103/type/journal_article |
| _version_ | 1797792396511019008 |
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| author | Lyn K. L. Tjon Soei Len Anniek de Ruijter |
| author_facet | Lyn K. L. Tjon Soei Len Anniek de Ruijter |
| author_sort | Lyn K. L. Tjon Soei Len |
| collection | DOAJ |
| description | Online sexist and racist hate speech has been condemned by many and condoned by most. In this paper we explicate in private legal terms the harms caused by sexist and racist hate speech. By centring the experiences of women of colour through coded testimonies we seek to rethink harm in tort in order to make visible private harms, which have remained largely invisible in European private law discourse. We highlight two aspects of harm that private law structurally fails to make visible: health harms and relational harms in the context of persistent and structural gender and racial injustice. In this paper, we argue that these systemic injustices must inform how we think of tortuous harms that arise from sexist and racist hate speech in bilateral relationships. In this article we centre the knowledge of women of colour targeted by SR hate speech within legal knowledge production and to the ways that the legal community thinks about tort law and its purpose. Conceptualising the tortuous harms of sexist and racist hate speech is crucial for access to private law pathways for redress and damages. |
| first_indexed | 2024-03-13T02:33:30Z |
| format | Article |
| id | doaj.art-bfb2cc66d1ba478bb8961011759fa186 |
| institution | Directory Open Access Journal |
| issn | 2752-6135 |
| language | English |
| last_indexed | 2024-03-13T02:33:30Z |
| publishDate | 2023-03-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Law Open |
| spelling | doaj.art-bfb2cc66d1ba478bb8961011759fa1862023-06-29T11:55:49ZengCambridge University PressEuropean Law Open2752-61352023-03-01282910.1017/elo.2023.10Conceptualising the tortuous harms of sexist and racist hate speechLyn K. L. Tjon Soei Len0https://orcid.org/0000-0003-1812-6456Anniek de Ruijter1https://orcid.org/0000-0002-6140-8988Women’s Gender and Sexuality Studies Department, The Ohio State University, Columbus, OH, USAProfessor in Health Law and Policy, Faculty of Law, University of Amsterdam, Amsterdam, The NetherlandsOnline sexist and racist hate speech has been condemned by many and condoned by most. In this paper we explicate in private legal terms the harms caused by sexist and racist hate speech. By centring the experiences of women of colour through coded testimonies we seek to rethink harm in tort in order to make visible private harms, which have remained largely invisible in European private law discourse. We highlight two aspects of harm that private law structurally fails to make visible: health harms and relational harms in the context of persistent and structural gender and racial injustice. In this paper, we argue that these systemic injustices must inform how we think of tortuous harms that arise from sexist and racist hate speech in bilateral relationships. In this article we centre the knowledge of women of colour targeted by SR hate speech within legal knowledge production and to the ways that the legal community thinks about tort law and its purpose. Conceptualising the tortuous harms of sexist and racist hate speech is crucial for access to private law pathways for redress and damages.https://www.cambridge.org/core/product/identifier/S2752613523000103/type/journal_articleEuropean private lawprivate law theorytortcritical race theorygenderintersectionalityhate speech |
| spellingShingle | Lyn K. L. Tjon Soei Len Anniek de Ruijter Conceptualising the tortuous harms of sexist and racist hate speech European Law Open European private law private law theory tort critical race theory gender intersectionality hate speech |
| title | Conceptualising the tortuous harms of sexist and racist hate speech |
| title_full | Conceptualising the tortuous harms of sexist and racist hate speech |
| title_fullStr | Conceptualising the tortuous harms of sexist and racist hate speech |
| title_full_unstemmed | Conceptualising the tortuous harms of sexist and racist hate speech |
| title_short | Conceptualising the tortuous harms of sexist and racist hate speech |
| title_sort | conceptualising the tortuous harms of sexist and racist hate speech |
| topic | European private law private law theory tort critical race theory gender intersectionality hate speech |
| url | https://www.cambridge.org/core/product/identifier/S2752613523000103/type/journal_article |
| work_keys_str_mv | AT lynkltjonsoeilen conceptualisingthetortuousharmsofsexistandracisthatespeech AT anniekderuijter conceptualisingthetortuousharmsofsexistandracisthatespeech |