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2 - Prototypical Examples of Hate Speech

from Part I - The Ordinary Concept

Published online by Cambridge University Press:  26 October 2023

Alexander Brown
Affiliation:
University of East Anglia
Adriana Sinclair
Affiliation:
University of East Anglia
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Summary

Chapter 2 identifies prototypical examples of hate speech and seeks to explain what makes them such. Section 2.2 lists the original examples of hate speech cited in Mari Matsuda’s seminal article on the legal concept. We then explain how, even though the ordinary and legal concepts of hate speech share paradigmatic examples, the ordinary concept now has its own extended body of exemplars. Section 2.3 attempts to plot the complex pattern of overlapping and criss-crossing similarities among these exemplars. Section 2.4 looks in more depth at one of the paradigmatic examples of hate speech, namely racial slurs such as ‘nigger’. We highlight similarities it shares with other prototypical examples of hate speech. Finally, Section 2.5 defends a particular account of what it means for a new example to have enough similarities with exemplars to count as hate speech. If there are enough similarities across at least four out of five of the distinguishing qualities of target, style, message, act, and effect, then this conceptually justifies applying the phrase ‘x is also hate speech’ to the new example. We dub this the global resemblance test.

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Chapter
Information
Hate Speech Frontiers
Exploring the Limits of the Ordinary and Legal Concepts
, pp. 47 - 87
Publisher: Cambridge University Press
Print publication year: 2023

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