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http://hdl.handle.net/1893/31860| Appears in Collections: | Law and Philosophy Book Chapters and Sections |
| Title: | Criminalizing Hate |
| Author(s): | Duff, R A Marshall, S E |
| Contact Email: | r.a.duff@stir.ac.uk |
| Editor(s): | Brudholm, Thomas Schepelern Johansen, Birgitte |
| Citation: | Duff RA & Marshall SE (2018) Criminalizing Hate. In: Brudholm T & Schepelern Johansen B (eds.) Hate, Politics, Law: Critical Perspectives on Combating Hate. Studies in Penal Theory and Philosophy. Oxford: Oxford University Press, pp. 115-149. https://global.oup.com/academic/product/hate-politics-law-9780190465544?cc=gb&lang=en& |
| Keywords: | hatred criminal law liberal democracy enacting hate hate speech |
| Issue Date: | 2018 |
| Date Deposited: | 21-Oct-2020 |
| Series/Report no.: | Studies in Penal Theory and Philosophy |
| Abstract: | This chapter explores the role that criminal law might play in combating “hatred,” in particular whether and why we might appropriately criminalize “hatred.” After sketching some salient features of a liberal, democratic republic (as the kind of polity in which we can aspire to live, and whose citizens can be expected to be committed to combating “hatred”), we explain why a certain kind of “hatred” should concern members of such a polity, as a distinctive civic vice manifested in a distinctive kind of civic wrong. We then discuss the limited but significant role that criminal law can play, in principle, in responding to such hatred, and say a little about the difficulties involved in turning “in principle” into “in practice,” particularly those concerning offense definitions. |
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| URL: | https://global.oup.com/academic/product/hate-politics-law-9780190465544?cc=gb&lang=en& |
| Licence URL(s): | http://www.rioxx.net/licenses/under-embargo-all-rights-reserved |
| File | Description | Size | Format | |
|---|---|---|---|---|
| Criminalizing Hate-2018.pdf | Fulltext - Published Version | 481.81 kB | Adobe PDF | Under Permanent Embargo Request a copy |
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