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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 set...
Presenting the results of an 18 month empirical study examining the use of restorative justice for hate crime in the United Kingdom, this book draws together theory and practice to analyse the causes and consequences of hate crime victimisation.
The Globalisation of Hate: Internationalising Hate Crime? is the first book to examine the impact of globalisation on our understanding of hate speech and hate crime. Bringing together internationally acclaimed scholars with researchers, policy makers and practitioners from across the world, it critically scrutinises the concept of hate crime as a global phenomenon, seeking to examine whether hate crime can, or should, be conceptualised within an international framework and, if so, how this might be achieved. Beginning with the global dynamics of hate, the contributions analyse whether hate crime can be defined globally, whether universal principles can be applied to the phenomenon, how hatr...
'This insightful and superb book takes you to World Cups, to conflicts in war-torn countries, to division in Trump's America... A terrific read.' - Gary Lineker For over thirty years, Mark Austin has covered the biggest stories in the world for ITN and Sky News. As a foreign correspondent and anchorman he has witnessed first-hand some of the most significant events of our times, including the Iraq War, the historic transition in South Africa from the brutality of apartheid to democracy, the horrors of the Rwandan genocide, and natural disasters such as the Haiti earthquake and the Mozambique floods. Full of high drama, raw emotion and the sometimes hilarious happenings from the life of a veteran reporter, Mark Austin's memoir gives startling insight into the stories behind the headlines. 'A must read.' - Sir Trevor McDonald
The policy makers that govern responses to hate crimes and the institutions that research those crimes have up to this point been separate: policy makers have not taken research into consideration, and researchers have conducted their studies with little reference to policies. This book bridges the gap between the two by bringing together internationally renowned hate crime experts from the domains of academia, policy making, and activism. The contributors provide new perspectives on the nature of hate crimes, their victims, and their perpetrators, exploring a range of themes, challenges, and solutions that have otherwise received little attention. The result is a collection of innovative ways of combating hate crime that combines cutting-edge research with the latest in professional innovations, while remaining accessible to a wide audience.
Clarkson and Keating's Criminal Law: Text and Materials examines the main principles and rules of criminal law and explores the theoretical bases upon which they are founded in an easily digestible text. The work combines the best features of a standard 'textbook' with those of a 'materials' book to provide guidance and direction on the law, whilst presenting a substantial amount of key primary material selected from a diversity of sources
Provides an explanatory framework for the challenges facing the development of the international norm prohibiting hate speech.
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Few would argue that a violent attack motivated by negative feelings towards the victim’s race, ethnicity, religion, or sexual orientation is a hate crime. But should a hate-motivated crime be punished differently than the same crime committed for a different motive? What if the crime is verbal, a slur or a ranting blog post or a graffiti scrawl? These may be hateful, but are they hate crimes? And how should they be punished? Are hate crimes on the rise, or are media attention and greater sensitivity to the issue making it appear so? These and other questions are at the center of this thought-provoking collection of articles drawn from across the political spectrum and the globe.
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.