Invigorating human rights academia
Stephen Guest on Respect for Bad Thoughts
Stephen Guest argues that there is no significant distinction between thought and expression, because both often occur together, consider facial expression for example. He considers the prevention of harm to others as the only legitimate limit on both; therefore he uses the offense of possessing extreme pornographic images produced for sexual arousal, where no harm to others necessarily ensues, as a quintessential example of the criminalisation of bad thoughts. Guest’s argument is that bad thoughts should be respected because the possibility of having them is bound up in objectively fundamental elements of being human. Such elements are derived from empathy and equality: from projecting our understanding of ourselves onto others and vice-versa. The recognition of, and consequently the respect for, self-initiation, control, choice within a vast range and the capacity for change as fundamentally human underpins the respect for bad thoughts.
Colm O' Cinneide on The Right to Equality: A Substantive Legal Norm or Vacuous Rhetoric? 2008