Monday, April 30, 2007
Hate Crime Philosophy - A Praxis of Injustice and Inequality - Part 1 - addendum
Addendum to this post:
This is absolutely fascinating! It's like legislation against robberies that makes no mention of... robberies!
My not-being-a-lawyer guess is that if the legal text and rationale had been construed upon the term and concept of "hate," they would probably not be able to prove it, except in very, very rare occasions.
Thus, even in law discourses, the fake-hate-stake is burning bright.
Second point, in most cases of domestic abuse, we do find a lot of hatred from the perpetrator to the victim, such as from one spouse to other, from parent to abused child, etc. And it is interesting that regarding these types of violence dynamics, there is no one making grand speeches about "hate," "hate-based violence," etc. Have you ever heard anyone say, "hate-based domestic violence?" Never.
As Jacobs and Potter point out, the statutory definitions of "hate crime" in fact make no mention of hatred. Instead, these statutes, in effect, define "hate crime" as "criminal conduct motivated by prejudice" (p. 11).
This is absolutely fascinating! It's like legislation against robberies that makes no mention of... robberies!
My not-being-a-lawyer guess is that if the legal text and rationale had been construed upon the term and concept of "hate," they would probably not be able to prove it, except in very, very rare occasions.
Thus, even in law discourses, the fake-hate-stake is burning bright.
Second point, in most cases of domestic abuse, we do find a lot of hatred from the perpetrator to the victim, such as from one spouse to other, from parent to abused child, etc. And it is interesting that regarding these types of violence dynamics, there is no one making grand speeches about "hate," "hate-based violence," etc. Have you ever heard anyone say, "hate-based domestic violence?" Never.
