Abstract

http://ssrn.com/abstract=1887767
 
 

Footnotes (281)



 


 



Militant Speech About Terrorism in a Smart Militant Democracy


Clive Walker


University of Leeds - Centre for Criminal Justice Studies (CCJS)

June 1, 2011

Mississippi Law Journal, Vol. 80, No. 4, 2011

Abstract:     
When faced with terrorism, the state should be “militant” but, state action must recognize that terrorism often represents endemic reactions to modernity and late modernity. The “smart militant state” must therefore work out forms of militant reaction that become more or less permanent and must adopt forms that can be accommodated within fundamental values rather than displacing them even during a temporary period of “emergency.” Having thus set the scene for action by a “smart militant democracy,” it is intended in this paper to consider the performance by the United Kingdom state in the context of a classical dilemma facing a militant democracy. That context is the appropriate response to militant speech - speech that in some ways encourages extremist political violence, but which is delivered in a mode that avoids participation in violence or even the traditional inchoate crimes of incitement or solicitation. Just two responsive state measures of militancy will be selected for discussion in this paper. Both were enacted by the UK's Terrorism Act 2006, and both relate to indirect incitement and glorification of terrorism.

Number of Pages in PDF File: 59

Keywords: Terrorism, freedom of expression, militant democracy

JEL Classification: K19, K42, N40

Accepted Paper Series


Download This Paper

Date posted: July 18, 2011  

Suggested Citation

Walker, Clive, Militant Speech About Terrorism in a Smart Militant Democracy (June 1, 2011). Mississippi Law Journal, Vol. 80, No. 4, 2011. Available at SSRN: http://ssrn.com/abstract=1887767

Contact Information

Clive Walker (Contact Author)
University of Leeds - Centre for Criminal Justice Studies (CCJS) ( email )
Leeds LS2 9JT
United Kingdom
44 (0) 113 2335022 (Phone)
44 (0) 113 2335056 (Fax)
HOME PAGE: http://www.law.leeds.ac.uk/people/staff/walker/
Feedback to SSRN


Paper statistics
Abstract Views: 421
Downloads: 69
Download Rank: 196,126
Footnotes:  281

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.204 seconds