Criminalising Hate: Law as Social Justice Liberalism

This book offers a new theoretical framework for the criminalization of hate, arguing that liberal societies should recognize hate-based conduct as a form of social injustice. It provides a comprehensive analysis of hate crime laws enacted globally and offers recommendations for how legislators should construct such laws. The book also synthesizes law, punishment, and restorative justice to ensure that liberal systems of "justice" are more firmly anchored to the advancement of "social justice".

Format: Hardback
Length: 274 pages
Publication date: 21 October 2022
Publisher: Springer International Publishing AG

This comprehensive book offers a novel theoretical framework for criminalizing hate, known as "law as social justice liberalism." It delves into a thorough examination of hate crime laws implemented worldwide, highlighting the need for a more effective approach to capturing the unique harms associated with hate-based criminal conduct within legal frameworks. The book begins by reflecting on the past 30 years of theorization on hate crime laws, contending that existing frameworks have failed to adequately address the distinct harms caused by hate-driven behavior. It proposes that liberal societies committed to promoting social equality should broaden the traditional paradigms of harm used in criminal law by recognizing hate-based conduct as a form of social injustice.

Drawing upon the insights of Iris Young, the book conducts a comprehensive analysis of the harms caused by hate crime as a form of group-based oppression. It establishes criteria for the inclusion of protected characteristics under legislation, aiming to safeguard individuals from discrimination and violence based on their race, religion, gender, sexual orientation, and other attributes.

The second half of the book presents findings from a comparative study of hate crime laws enacted in 190 different legal jurisdictions. It offers a novel taxonomy of types, models, and legal tests used by legislatures to address the diverse manifestations of hate-based criminal conduct across the globe. Through an evaluation of case law and empirical research, the book provides recommendations for legislators on how to construct effective hate crime laws.

The book concludes its analysis of law as social justice liberalism by synthesizing law, punishment, and restorative justice as means of ensuring that liberal systems of "justice" are more firmly anchored to the advancement of "social justice." By recognizing hate-based conduct as a form of social injustice and incorporating comprehensive protections into legislation, this book contributes to a more inclusive and equitable society.

Weight: 492g
Dimension: 154 x 216 x 25 (mm)
ISBN-13: 9783031081248
Edition number: 1st ed. 2022