Hate' crime has attracted intense debate, but surprisingly little has been written on how best to draft and interpret hate crime legislation. The dominant conceptual models derive from US scholarship. Although valuable, they pay insufficient attention to principles of criminal law and to how hate crime law is perceived. This paper explores these problems through a discussion of legal approaches to, and lay perceptions of, racism, as embodied in the racially aggravated offence. It proposes a model which offers a more just alternative.
Drawing on research carried out for the Scottish Government in 2014, this article explores how people experience sectarianism in Scotland today. For some, sectarianism is manifestly part of their everyday experience, but for others it is almost invisible in their social world. The article sets out a metaphor of sectarianism experienced like a cobweb in Scotland; running strongly down the generations and across masculine culture particularly, but experienced quite differently by different people depending on their social relationships. Using the examples of song and marching, the article suggests that sectarian prejudice should be conceived of as much as a cultural phenomenon as in social and legal terms. A multidisciplinary and intergenerational approach to tackling sectarian prejudice would help emphasise its cultural and relational construction. Much can also be learned from examining the broader research on prejudice worldwide, rather than treating Scottish sectarianism as if it is a unique and inexplicable quality of the national character.
The Racial and Religious Hatred Act 2006 has a frenetic history. It is the culmination of six attempts in Parliament in the last twelve years to make incitement to religious hatred unlawful.1 Each attempt has met with intense criticism. But now that the legislation is here, what may it achieve?
Abstract:In England and Wales (in 2008) and Northern Ireland (in 2004) legislation has been enacted to render it a criminal offence to incite hatred based on sexual orientation. This paper examines the relevant pieces of legislation and considers whether they can be kept sufficiently narrow in operation to protect one's freedom of expression. The paper also addresses criticism of such legislation, notably by Eric Heinze, based on arguments on equal protection and cause and effect. It concludes that in the British context, narrowly drafted legislation may have a useful, if marginal, impact and will not necessarily lead to the immense restrictions on freedom of expression that Heinze fears. Nor, however, will the legislation be likely to achieve radical social change while other powerful sources of discriminatory discourse remain uncontrolled.
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