Hate crime has always been the thorniest issues facing most societies that labor to strike a balance between the freedom of expressing distasteful opinions and the right not to be victimized and prejudiced because of expressing oneself; bearing in mind that the right to freedom of opinion and expression is a fundamental right which safeguards the exercise of all other rights and is a critical underpinning of democracy. It is a complex nexus to determine the end of freedom of expression and the beginning of hate crime.
If uttered words results in inciting unlawful acts, breach of social order and brings revolt and pain numerous vital aspects of social and individual interests will be adversely affected . Hate crime has through
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Samuel Walker in his book Labors to define hate crime. He first acknowledges that the term hate crime has no universally agreed on a definition of hate crime. Traditionally he asserts that hate crime constitutes "any form of expression deemed offensive to any racial, religious, ethnic or national group." However, in defining hate crime, he only gives its distinction with hate crimes. Hate crimes, unlike hate crime Rodney A. Smolla, define the hate crime as "the generic terminology that has come to embrace the use of crime attacks founded on race ethnicity, religion sexual orientation or preference" Rodney seeks to use the harm principle to define the types of injuries that qualify to rationalize limiting of hate crime. Rodney has categorized the possible damage caused by hate crime into three; physical harm, relational harm and …show more content…
Professor Jacqueline R. Kanovitz provides the following definition “that crime that denigrates belittles, or expresses contempt for others because of their race, ethnic origin, color, religion, sexual orientation or other personal characteristics that make one vulnerable…" Professor Jacqueline R. asserts that a society where the state lacks the capacity to limit free crime whatsoever the circumstances would result in a state of anarchy. The professor however advocates for permitting of unlimited articulation of thoughts that she believes reveals the
My view on hate crime is hinged on the positivist theory of Utilitarianism Constructed by Jeremy Bentham (1780) and John Stuart Mill (1806-1873). Their liberal ideologies are much more relevant in the present world setting. Utilitarianism looks beyond any given act itself to assess the contribution of an action towards the achieving of one 's purposes And asserts that every action should have the goal of promoting the greatest happiness of the greatest number. This theory focuses on the consequences of choosing one action against another. It requires one to traffic beyond the scope of one 's interests by considering the interests of others. John Stuart Mill essay On LibertyArgues that free crime is for the benefit of all and it should be protected. For Mill, absolute truth and correctness do