The Philosophical Aspects of Hate Crime and Hate Crime Legislation

Brax, David; Munthe, Christian

doi:10.1177/0886260514555374

Cited by 14 publications

(6 citation statements)

References 5 publications

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“…The idea of disadvantage has also received some attention in the literature on hate crime albeit in a slightly different manner than will be offered in this section. David Brax and Christian Munthe (2013) highlight four values appealed to in favor of hate crime policy justification and design. The four values revolve around the protection of individuals, communities, society as a whole, and the disadvantaged.…”

Section: Disadvantage As a Conceptual Starting Pointmentioning

confidence: 99%

“…Answers offered for some of the conceptual challenges will significantly impact sentencing policies (e.g., which groups warrant enhanced protection) as well as collection of empirical data (e.g., what properly gets identified as an instance of a hate-motivated crime). The relationship works the other way too as empirical data might reveal something about some group characteristics not previously thought to be central for identifying hate-motivated crimes (Brax & Munthe, 2013). For example, Florida state legislators recently rushed to include the homeless under their hate crime legislation after videos surfaced in 2006 showing a homeless individual being assaulted.…”

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Making a Home for the Homeless in Hate Crime Legislation

Al-Hakim

2014

J Interpers Violence

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Several jurisdictions in the United States (e.g., Florida and Washington) have recently incorporated the status of "homeless" under the protection of hate crime legislation. This was largely promoted by new data and reports by the National Coalition for the Homeless urging added protection for the homeless. The issue of whether the homeless belong under hate crime provisions raises the following question: What criteria must a group meet to be eligible for its inclusion? What similarities do the homeless have with other protected groups? Finally, what implications does the recognition of economic status have on other economic groups, particularity the top wealthy 1%? In this article, I explore some of the issues raised by including the homeless as a protected group. I survey several rationales offered for the selection of protected characteristics. I argue that the rationales currently offered suffer from descriptive inadequacy by either being under- or over-inclusive. I turn instead to the political conception of "disadvantage" for an identity marker that better explains the link between the various protected groups and identities under hate crime legislation. Moreover, the use of disadvantage allows for the inclusion of the homeless without the need for incorporating other socio-economic identities.

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Section: Disadvantage As a Conceptual Starting Pointmentioning

confidence: 99%

mentioning

confidence: 99%

Making a Home for the Homeless in Hate Crime Legislation

Al-Hakim

2014

J Interpers Violence

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“…One of the reasons for this is a shift in the digital world's constructive perspective of social reality (social construction of reality) (Gerth & Mills, 1990). This is based on the philosophy of hate crime, which is based on contexts, assumptions, and frames that can change depending on how they are interpreted (Brax & Munthe, 2015). Jacobs and Henry (1996) describe the hate crime epidemic in terms of the media's, politicization's, and academics' roles in reconstructing the situation of specific groups as targets of hatred.…”

Section: Introductionmentioning

confidence: 99%

Social Discourse of Cyber Hate in Indonesia: The Potential Transition from Hate to Crime

Nurhadiyanto¹,

Meliala²,

Sulhin³

2023

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The dynamics of hate crime have changed as a result of digital media. The emergence of cyberhate waves is one of the manifestations of cyberspace within the context of hate crime. The purpose of this study is to present a social discussion about cyberhate in Indonesia as a sign of the transition from hatred to crime. A qualitative approach is used in this study. These diverse backgrounds serve as the foundation for this study, which aims to investigate the typology of cyber haters in Indonesia, particularly how perpetrators undergo transformation. In other words, the reconstruction of this research problem's background is rooted in the evolution of hate crime, which has undergone changes and encroachments on digital platforms. Cyber haters are one of the slices of the Indonesian study of cyber crime that has not received a special portion. Aside from that, the socio-political context of society influences the dynamics of cyber haters in Indonesia. The internalization of prejudice experienced by perpetrators and its implementation in supportive situations and conditions are inextricably linked to the escalation of cyber hate. Because different types of data are not only part of how social processes are built in qualitative research, but they are also artifacts. Opportunities to access data in greater depth are unique features found in the analysis of cyber haters in Indonesia. The three formulations of the problem indicate that cyber hate is a type of power imbalance that has the potential to cause differences in the definition of crime. Apart from the social form and social action associated with it, cyber hate has a relatively large impact.

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“…’(Council of the European Union 2008/913/JHA: §1)The legal framework cited above states that all members of the European Union are obliged to treat xenophobic and racially motivated violence of various form as an aggravating circumstance (Council of the European Union 2008/913/JHA). Opponents of such a regulation have stated that acts rather than motives should be the objects of legal sanctioning by arguing that it is the acts that cause harm, rendering the motive redundant (Brax and Munthe 2011; McDewitt et al., 2001).…”

Section: Introductionmentioning

confidence: 99%

Consequences of bias-motivated victimisation among Swedish university students with an immigrant or minority background

Andersson

Mellgren

2015

Irish Journal of Sociology

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The present article examines the impact of racist and xenophobic victimisation among students with a minority and/or immigrant background in a Swedish context. We examine if racist and/or xenophobic victimisation result in 1) behavioral strategies applied to reduce victimisation risk, 2) a heightened level of fear and 3) if the motive in itself has an independent effect on the level of fear among victims. The study design combines survey data with interviews. The findings suggest that experiences of racist and/or xenophobic victimisation lead to higher levels of fear and that the motive in itself influences this relationship independently. We also found that certain behavioural strategies are developed in order to avoid victimisation.

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The Philosophical Aspects of Hate Crime and Hate Crime Legislation

Cited by 14 publications

References 5 publications

Making a Home for the Homeless in Hate Crime Legislation

Making a Home for the Homeless in Hate Crime Legislation

Social Discourse of Cyber Hate in Indonesia: The Potential Transition from Hate to Crime

Consequences of bias-motivated victimisation among Swedish university students with an immigrant or minority background

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