Criminalizing Hate?

Hate, Politics, Law, T. Brudholm & B. Schepelern Johansen (eds.), Oxford University Press, Forthcoming

Minnesota Legal Studies Research Paper No. 15-34

49 Pages Posted: 3 Nov 2015

See all articles by R. A. Duff

R. A. Duff

University of Stirling - Department of Philosophy

S. E. Marshall

University of Stirling

Date Written: October 30, 2015

Abstract

This paper explores the role that criminal law might play in combating ‘hatred’, in particular whether and why we might appropriately criminalize ‘hatred’. In s. 1 it sketches 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’). In ss. 2-3, we then 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. In ss. 4-5, we discuss the limited but significant role that criminal law can play, in principle, in responding to such hatred. Finally, in s. 6, we say a little about the difficulties involved in turning ‘in principle’ into ‘in practice’, particularly those concerning offence definitions.

Keywords: Hatred, criminal law, civic wrongs, liberal democracy

Suggested Citation

Duff, Robin Antony and Marshall, S. E., Criminalizing Hate? (October 30, 2015). Hate, Politics, Law, T. Brudholm & B. Schepelern Johansen (eds.), Oxford University Press, Forthcoming; Minnesota Legal Studies Research Paper No. 15-34. Available at SSRN: https://ssrn.com/abstract=2684202

Robin Antony Duff (Contact Author)

University of Stirling - Department of Philosophy ( email )

Stirling, Scotland FK9 4LA
United Kingdom

S. E. Marshall

University of Stirling ( email )

Stirling, Scotland FK9 4LA
United Kingdom

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