The Organisation of Hate

In this paper, it is argued that we need to understand the role of ‘hate’ in the organisation of bodies and spaces before we ask the question of the limits of ‘hate crime’ as a legal category. Rather than assuming hate is a psychological disposition - that it comes from within a psyche and then moves out to others - the paper suggests that hate works to align individual and collective bodies through the very intensity of its attachments. Such alignments are unstable precisely given the fact that hate does not reside in a subject, object or body; the instability of hate is what makes it so powerful in generating the effects that it does. Furthermore, although hate does not reside positively in a subject, body or sign, this does not mean that hate does have effects that are structural and mediated. This paper shows that hate becomes attached or ‘stuck’ to particular bodies, often through violence, force and harm. The paper dramatizes its arguments by a reflection on racism as hate crime, looking at the circulation of figures of hate in discourses of nationhood, from both extreme right wing and mainstream political parties. It also considers the part of what hate is doing can precisely be understood in terms of the affect it has on the bodies of those designated as the hated, an affective life that is crucial to the injustice of hate crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

Reflections on Bell's Hate Thy Neighbor

Jeanine Bell's Hate Thy Neighbor: Move In Violence and the Persistence of Racial Segregation in American Housing offers an in‐depth look at the central role that violence has and continues to play in maintaining segregated housing patterns.     

Hate Speech and the Epistemology of Justice

In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has wider implications, I argue: for hate speech conducted in private; for pornography; and indeed for any speech that thwarts knowledge of what justice requires.     

Hate crimes in India

Jindal Global Law Review -     

Hate,Threats, and Violence. A Register Study of Persons Suspected of Hate Crime

This article focuses on individuals suspected of hate crimes with xenophobic, Islamophobic, and homophobic motives. The objective is to fill a gap in the knowledge left by existing research, which has primarily focused on victims and definitional problems. This article's genuine contribution to new research is the comparative perspective and the study of co-offending and specialization in offences for persons suspected for hate crimes. To find persons suspected for hate crimes, register data relating to hate-crime-motivated assault and unlawful threats/molestation offences from 2006 have been used. The study is based on a total of 1,910 offence reports together with information from the Registers of Suspected and Convicted Offenders for 558 persons suspected for hate crimes. Xenophobic hate crimes are over-represented in the material by comparison with homophobic and Islamophobic hate crimes. In the reports that have information about the relation between victim and perpetrators, it is more common for the perpetrators to be known than unknown to the victims. In cases where a suspected person has been identified, males are in a clear majority. Those suspected of homophobic hate crimes have the lowest mean age. Only a small number of offence reports include information on suspected co-offenders. Fifty-five per cent of the suspected people have prior registered convictions. It is very uncommon for them to be specialized in violent offences or unlawful threats/molestation, however. It is not possible to generalize the results to perpetrators of hate crimes, because 70% of the offence reports did not have information of suspected persons.     

Resisting Hate Crime Discourse: Queer and Intersectional Challenges to Neoliberal Hate Crime Laws

Hate crime laws have reinforced neoliberalism by expanding police and prosecutorial power, adding to the rapid expansion of incarcerated populations. Further, hate crime discourse associates anti-queer violence with notions of “stranger danger,” and thereby reproduces problematic race and social class politics in which an innocent, implicitly middle-class, person is suddenly and randomly attacked by a hateful, implicitly low-income, person. Thus, the author argues that queer and intersectional resistance should reject hate crime discourse and, instead, focus on the experiences of marginalized lesbian, gay, bisexual, and transgender (LGBT) people. By doing so, scholarship and activism concerned with reducing anti-queer violence can benefit a wide range of LGBT people without reinforcing inequalities based on race and social class.     

Hate groups and hate crime

This paper is the first to investigate the relationship between hate groups and hate crime empirically. We do so using panel data for the U.S. states between 2002 and 2008. Contrary to conventional wisdom, we find little evidence that hate groups are associated with hate crime in the United States. We find somewhat stronger evidence that economic hardship may be related to hate crime. However, evidence for the potential importance of economic factors remains weak. Further, we find that demographic variables are not significantly related to hate crime in the United States. Our results leave the question of what factors may drive hate crime in America unresolved. But they cast doubt on the popular perception that hate groups are among them.     

Hate crimes on the internet

The Internet serves as a channel for electronic communication on an international level. While communication on the Internet has grown exponentially, the proliferation of crimes in cyberspace has become rampant. Hate crimes, in particular, have become increasingly prevalent on the Internet. In this past decade, the United States government has taken significant measures to combat the proliferation of hate crimes. This paper reports six cases of "cyberhate" crimes and emphasizes pertinent legal issues surrounding them. Current modes of intervention are discussed, ranging from local to national levels. The forensic psychiatrist may undertake a challenging role in the interpretation of the hateful criminal mind at the interface of psychiatry and the law.     

Making Room for Hate Crime Legislation in Liberal Societies

There is a divide within political and legal theory concerning the justification of hate-crime legislation in liberal states. Opponents of Hate-Crime Legislation have recently argued that enhanced punishment for hate-motivated crimes cannot be justified within political liberal states. More specifically, Heidi Hurd argues that criminal sanction which target character dispositions unfairly target individuals for characteristics not readily under their control. She further argues that a ‘character’ based approach in criminal law is necessarily illiberal and violates the state’s commitment to political neutrality. In the current paper, I attempt to show the difficulties and absurdity that follows from Hurd’s characterization of hate- rimes. I aim to show that punishment for undesirable character traits is consistent with western conceptions of criminal law. Upon doing so, I then go on to construct a positive argument for the justifiability of punishing for character traits as well as for the enhanced punishment associated with hate-motivated crimes.     

Hate crimes and the forensic pathologist

Hate crimes represent crimes committed against an individual or group on the basis of their race, ethnicity, national origin, religion, sexual orientation, gender, gender identity, or disability. For the forensic pathologist, a death related to a hate crime should be considered a high-profile case, one in which the pathologist should expect abundant public interest and scrutiny. In this article, an overview of hate crimes is presented, stressing the different types of hate crimes and the motives of those who commit such crimes. For death investigators and forensic pathologists, an awareness of these details will help them to recognize and appropriately anticipate issues that may be important in deaths related to hate crimes.     

Not Our Kind of Hate Crime

Law and Critique - Implicit in hate crime is the premise that certain types of violence can be usefully articulated through the concept of hate. This article seeks to raise some questions about...     

Penalty Enhancement for Hate Crimes: An Economic Analysis

This article develops an economic analysis of penalty enhancementsfor bias-motivated (or "hate") crimes. Our model allows potentialoffenders' benefits from a crime to depend on the victim's groupidentity, and assumes that potential victims have the opportunityto undertake socially costly victimization avoidance activities.We derive the result that a pattern of crimes disproportionatelytargeting an identifiable group leads to greater social harm(even when the harm to an individual victim from a bias-motivatedcrime is identical to that from an equivalent non–hatecrime). In addition, we consider a number of other issues relatedto hate crime laws.     

The Hate Crime Canon and Beyond: A Critical Assessment

Although it remains an empirical question whether the U.S. is experiencing greater levels of hate-motivated-conduct than in the past, it is beyond dispute that the concept of ‘hate crime’ has been institutionalized in social, political, and legal discourse in the U.S. From the introduction and politicization of the term hate crime in the late 1970s to the continued enforcement of hate crime law at the beginning of the twenty-first century, social movements have constructed the problem of bias-motivated violence in particular ways, while politicians at both the federal and state level have made legislation that defines the parameters of hate crime. Accordingly, this article identifies and examines the parameters of a hate crime canon in the U.S., which can first and foremost be described as a body of law that 1) provides anew state policy action, by either creating anew criminal category, altering an existing law, or enhancing penalties for select extant crimes when they are committed for bias reasons; 2) contains an intent standard, which refers to the subjective intention of the perpetrator rather than relying solely on the basis of objective behavior; and 3) specifies a list of protected social statuses, such as race, religion, ethnicity, sexual orientation, gender, disabilities, etc. Arguing that these features constitute the core parameters of the hate crime canon and attendant discourse in the U.S., this article offers a critical assessment of the emergence, institutionalization, and arguable consequences of ‘hate crime’ as a recently developed social fact - in the Durkheimian sense of the word - that is consequential for the politics of victimization in the modern era and the social control of violence against minorities more particularly. This revised version was published online in July 2006 with corrections to the Cover Date.     

Joanna Jamel: Transphobic Hate Crime

Jindal Global Law Review -     

Dignity, Harm, and Hate Speech

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies.     

Why Liberals Should Hate ``Hate Crime Legislation'

Law and Philosophy -     

Revati Laul: The Anatomy of Hate

Jindal Global Law Review -