Overview
- Winner of the British Society of Criminology Hate Crime Network Sophie and Sylvia Lancaster Book Prize 2023
- Sets out a new theory for understanding the harms of hate crime
- Provides the first global analysis of hate crime laws
Part of the book series: Palgrave Hate Studies (PAHS)
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Table of contents (8 chapters)
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Front Matter
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Back Matter
Keywords
About this book
This book presents both a new theoretical framework for the criminalisation of hate, referred to as “law as social justice liberalism”, and a comprehensive analysis of hate crime laws that have been enacted globally. The book begins by reflecting back on 30 years of theorisation on hate crime laws, arguing that there has been a failure to adequately capture the distinct harms of hate-based criminal conduct within legal frameworks. The book posits that liberal societies interested in advancing social equality ought to expand conventional paradigms of harm used in criminal law by comprehending hate-based conduct as a form of social injustice. Drawing on the work of Iris Young, the book sets out a comprehensive analysis of the harms of hate crime as a form of group-based oppression and uses this to set out criteria for the inclusion of protected characteristics under legislation.
The second half of the book presents findings from a comparative study of hate crime lawsenacted in 190 different legal jurisdictions. This includes a new taxonomy of types, models and legal tests used by legislatures to capture the myriad forms of hate-based criminal conduct that occur globally. Further evaluation of case law and empirical research on the application of these diverging legislative approaches is used to provide recommendations on how legislators ought to construct hate crime laws. The book completes its analysis of law as social justice liberalism by synthesising law, punishment and restorative justice as a means of ensuring that liberal systems of “justice” are more firmly anchored to the advancement of “social justice”.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Criminalising Hate
Book Subtitle: Law as Social Justice Liberalism
Authors: Mark Austin Walters
Series Title: Palgrave Hate Studies
DOI: https://doi.org/10.1007/978-3-031-08125-5
Publisher: Palgrave Macmillan Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-031-08124-8Published: 21 October 2022
Softcover ISBN: 978-3-031-08127-9Published: 21 October 2023
eBook ISBN: 978-3-031-08125-5Published: 20 October 2022
Series ISSN: 2947-6364
Series E-ISSN: 2947-6372
Edition Number: 1
Number of Pages: XI, 274
Number of Illustrations: 5 b/w illustrations
Topics: Hate Studies, Criminal Justice, Victimology, Political Sociology, Criminal Law and Criminal Procedure Law, Prison and Punishment