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Blasphemy and Freedom of Expression: Comparative, Theoretical and Historical Reflections After the Charlie Hebdo Massacre

Edited by: Jeroen Temperman, Andras Koltay

ISBN13: 9781108403436

Published: December 2018

Publisher: Cambridge University Press

Country of Publication: UK

Format: Paperback (Hardback in 2017)

Price: £46.99

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Hardback edition , ISBN13 9781108416917

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The tension between blasphemy laws and the freedom of expression in modern times is a key area of debate within legal academia and beyond. With contributions by leading scholars, this volume compares blasphemy laws within a number of Western liberal democracies and debates the legitimacy of these laws in the twenty-first century.

Including comprehensive and up-to-date comparative country studies, this book considers the formulation of blasphemy bans, relevant jurisprudential interpretations, the effect on society, and the ensuing convictions and penalties where applicable. It provides a useful historical analysis by discussing the legal-political rationales behind the recent abolition of blasphemy laws in some Western states.

Contributors also consider the challenges to the tenability of blasphemy laws in a selection of well-balanced theoretical chapters. This book is essential reading for scholars working within the fields of human rights law, philosophy and sociology of religion, and comparative politics.

Subjects:: Human Rights and Civil Liberties

Contents:: Foreword Eric Barendt; Introduction Andras Koltay and Jeroen Temperman; Part I. The Case of Charlie Hebdo:; 1. Blasphemy in French law: from the Chevalier de la Barre to Charlie Hebdo Guilhem Gil; 2. Blasphemy and defamation of religion following Charlie Hebdo Neville Cox; Part II. The Right to Blashpheme:; 3. Blasphemy, the public sphere and democratic self-government Ian Cram; 4. The right to blaspheme Mark Hill QC and Russell Sandberg; Part III. On Western Legal Discourse against Blasphemy Laws:; 5. Blasphemy, freedom of expression and the protection of religious sensibilities in twenty-first-century Europe Peter Cumper; 6. Rethinking blasphemy and anti-blasphemy laws Robert Kahn; 7. Blasphemy, defamation of religion and religious hate speech: is there a difference that makes a difference? John Knechtle; 8. The freedom and restriction of blasphemy: theoretical perspectives Andras Koltay; Part IV. European Court of Human Rights and Blasphemy:; 9. At the deep end of the pool: religious offence, debate-speech and the margin of appreciation before the European Court of Human Rights Tom Lewis; 10. 'Mother of God, drive Putin away': on blasphemy and activist art in the jurisprudence of the European Court of Human Rights Jeroen Temperman; Part V. Active Blasphemy/Religious Defamation Laws:; 11. Religious insult and blasphemy in contemporary Finland Tuomas Aysto; 12. The blasphemy offence in the Italian legal system Cristiana Cianitto; 13. Legal protection of religion in Germany Matthias Cornils; 14. God's advocates: the multiple fronts of the war on blasphemy in Greece Effie Fokas; 15. Blasphemy law in Poland Joanna Kulesza and Jan Kulesza; Part VI. Dormant Blasphemy Laws:; 16. The blasphemy ban in Denmark Lars Grassme Binderup and Eva Maria Lassen; 17. A draft obituary for the offence of blasphemy in Ireland Tarlach McGonagle; 18. Religion and hate speech in Canada: the difficulty in separating attacks on beliefs from attacks on believers Richard Moon; 19. Blasphemy in Australia: the rags and remnants of persecution? Helen Pringle; 20. Blasphemy prohibitions and prosecutions: a US perspective Russell Weaver; Part VII. Recently Abrogated Blasphemy Laws:; 21. Giving up the ghost: on the decline and fall of Norwegian anti-blasphemy legislation Helge Arsheim; 22. The theory and practice of blasphemy in the common law: slaying the seven-headed beast Ivan Hare; 23. Freedom of expression, blasphemy and religious hatred: a view from the UK Erica Howard; 24. The rise and fall of the offence of blasphemy in the Netherlands Esther Janssen; Part VIII. The Future of Blasphemy Laws?:; 25. Freedom of expression and religions, the United Nations, and the '16/18 process' Marc Limon, Nazila Ghanea and Hilary Power; 26. Blasphemy, religious rights and harassment: a workplace study Andrew Hambler; 27. Towards an understanding of accelerants and decelerants: a non-juriscentric approach to offensive or hateful speech concerning religion Brett Scharffs.