Punishing Hate - Frederick M. LAWRENCE - Google книги
My interest in understanding and combating racism and other forms of bigotry goes back before my career at Boston University, to my stint as an Assistant United States Attorney in New York, and indeed before that as well. I share with many a deeply felt intuition that bias crimes are in some sense worse than otherwise similar crimes that lack bias motivation.
The very depth of this widely shared intuition, however, raises an ironic question about the nature of this book: some have suggested to me that the book's dimensions are necessarily limited, because for work about bias crimes to be truly path-breaking it must disprove, rather than embrace, the shared intuition. There is another new path for scholarly work, one that seeks to establish a firm theoretical, philosophical, and legal grounding for the shared intuition.
I fear that much contemporary scholarship celebrates the counterintuitive. My work, or at least this book, does not. I hope that Punishing Hate does indeed break new ground, offering a theoretical argument about a vital contemporary topic that has not been offered before.
Hate Speech and Hate Crime
I have been told that people interested in this topic will be sympathetic to my conclusions, and thus attracted to this book. The attraction, however, should begin but not end with this sympathy.
It is the persuasiveness of the argument and the comprehensiveness of the discussion by which this, or any, book should be judged. An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.
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No cover image. In recent years, Americans have been shaken by numerous prominent acts of hate-based violence. Lawrence argues that criminals motivated by bias 6 can as a constitutional matter and should as a prudential matter be punished more severely than those who are not so motivated but who commit otherwise identical crimes.
- Punishing hate: bias crimes under American law.
- 18 U.S. Code § - Hate crime acts | U.S. Code | US Law | LII / Legal Information Institute.
- 18 U.S. Code § - Hate crime acts | U.S. Code | US Law | LII / Legal Information Institute!
Part I of this Book Review sets out Lawrence's arguments in some detail. Part II probes and criticizes several of these arguments.
Punishing Hate: Bias Crimes under American Law
I do not dispute that those who commit crimes in an attempt to strike fear into the hearts of the victim and the victim's community, and especially those who succeed in that regard, are ripe candidates for enhanced criminal punishment. I do, however, challenge the means whereby Lawrence proposes to differentiate those who deserve such penalty enhancement from those who do not, and I suggest that a different approach would better effectuate his ends. I contend that two of the central hurdles facing the case for penalty enhancement--specifically, the Eighth Amendment's bar on excessive criminal punishment and the First Amendment's prohibition against content-based government restriction on a citizen's thought or speech--might be more convincingly surmounted by a focus on the harms inflicted by hate crimes rather than on bias per se.
Lawrence notes that the issues raised by bias crimes and the punishment of those crimes implicate "three fundamental values of the American polity: equality, free expression, and federalism" p.
He thus centers his inquiry on three interrelated questions:. For Lawrence, the correct answer is, in each instance, "yes.
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