Triggered by the recent Paris attacks the authors make an attempt to answer the question how liberal democracies can react to religious extremists that respond with violence to utterances they consider to be blasphemous. After a brief historical survey of the reactions to blasphemy in penal law and philosophy, the authors compare blasphemy laws and their relation to the freedom of speech in various European countries. Then they analyse the relevant case law of the European Court of Human Rights and the U.S. Supreme Court. In their conclusion the authors defend the position that liberal democracies should be cautious in order to prevent the principles of liberal democracy from being subverted by self-censorship induced by fear of extremism. |
Artikel |
Godslastering voor en na de aanslagen op Charlie Hebdo |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 3 2015 |
Trefwoorden | Blasphemy, Freedom of speech, Religious Extremism, Terrorism |
Auteurs | dr. Jean-Marc Piret en prof. mr. dr. Jeroen ten Voorde |
SamenvattingAuteursinformatie |
Artikel |
De seksuele tiener en de sociale orde |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 3 2015 |
Trefwoorden | youth, sex, transgression, criminal law |
Auteurs | Mr. drs. Juul Gooren |
SamenvattingAuteursinformatie |
A taboo serves the social order for it facilitates social control. This article will focus on taboos related to sexual contact by youngsters. The way authorities guard sexual taboos is indicative of the way authorities envision the organization of society. It is this organization through the control of youth and sex which will receive attention. In the classic study by Mary Douglas on pollution and taboo dirt is understood as ‘matter out of place’. The sexual teenager is an illustration of this ‘matter out of place’ because it is difficult to categorize sexual teenagers on the basis of asexual children and sexual adults as an organizing principle for society. In criminal law lewd conduct by youngsters refers to wrong sex at the wrong age. By criminalizing these sexual transgressions the proper place of youth and sex is once again restored. This is necessary for it will be argued that the interests of society are somewhat under pressure because of transgressions when it comes to children as asexual and when it comes to sex as something for within a relationship. The perpetrator of lewd conduct should be understood as a scapegoat reestablishing when and how sex should take place. By restoring the asexual child and the sexual relationship it is hoped sex and youngsters can once again offer some guidance in a social order lacking these clear markers. |