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Appears in Collections:Law and Philosophy Book Chapters and Sections
Title: Criminalizing Hate
Author(s): Duff, R A
Marshall, S E
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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.
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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