@article{ART003061141},
author={Myoungjun Hwang},
title={A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2024},
volume={12},
number={1},
pages={317-348}
TY - JOUR
AU - Myoungjun Hwang
TI - A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts
JO - Legal Theory & Practice Review
PY - 2024
VL - 12
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 317
EP - 348
SN - 2288-1840
AB - The study on hate speech this time intends to focus on the Eastern European countries, which has been struggling to escape from the influence of the former Soviet Union, even after the countries thereof were incorporated into the expanding EU. However, the chauvinism emerging in the Visegrad area and the hate speech derivative of the tendency indicate that the possibility of regional tolerance as a value has been challenged in the name of sovereignty, border, glory of the past. Behind the positive blueprint of the EU prosperity, the hate speech and its derivative crimes may grow into a social malady to the detriment of the EU integration and fundamental human rights of minority groups.
Over decades, chauvinistic tendency be has been proliferated also in the European countries such as France, Germany, and Austria. Simultaneously, the existence of the remnant revisionist groups that still adheres to the racist views will raise concerns in terms of establishing post-war peace. The first step in challenging the law and order resulting from this tendency can be summarized as hate speech and the crimes derived from it.
Hate speech and its derivative as utterances or illegal acts could be surely sued within the context of ordinary civil and criminal proceedings. However, this approach does not fully comprehend the potential danger of hatred-based activity as a symptom that can escalate into an aggravated scale of conflict. The risk of synergistic overlap between historical superiority and nostalgic irredentism, in addition to economic circumstances, has been gradually prevalent in the Eastern Europe, but precedents and analysis thereof are expected to provide a series of useful reference to South Korea, which paradoxically has maintained longstanding issues with its own past and neighbors. Chauvinism, which is the hotbed of hate speech and hate crimes, can not be overlooked as an exceptional and peripheral happening. Rather, it needs to be monitored as a widely inherent risk factor in the human society.
KW - Chauvinism;hate speech;hate crime;Eastern Europe;International Human Rights Law;EU system
DO -
UR -
ER -
Myoungjun Hwang. (2024). A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts. Legal Theory & Practice Review, 12(1), 317-348.
Myoungjun Hwang. 2024, "A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts", Legal Theory & Practice Review, vol.12, no.1 pp.317-348.
Myoungjun Hwang "A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts" Legal Theory & Practice Review 12.1 pp.317-348 (2024) : 317.
Myoungjun Hwang. A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts. 2024; 12(1), 317-348.
Myoungjun Hwang. "A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts" Legal Theory & Practice Review 12, no.1 (2024) : 317-348.
Myoungjun Hwang. A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts. Legal Theory & Practice Review, 12(1), 317-348.
Myoungjun Hwang. A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts. Legal Theory & Practice Review. 2024; 12(1) 317-348.
Myoungjun Hwang. A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts. 2024; 12(1), 317-348.
Myoungjun Hwang. "A Comparative Legal Study on the Eastern European Practice: Managements of the Chauvinism-based conflicts" Legal Theory & Practice Review 12, no.1 (2024) : 317-348.
