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Criminalising Hate - Law as Social Justice Liberalism (Hardcover, 1st ed. 2022)
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Criminalising Hate - Law as Social Justice Liberalism (Hardcover, 1st ed. 2022)
Series: Palgrave Hate Studies
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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 laws enacted 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".
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