Typologies of 'Hate Crime' - poster presentation for School of Sociology Postgraduate Conference, Queens University Belfast 2012
draft only
Rationale: This poster highlights 3 essentials insights on the application of theory to research. Through the... more
Rationale: This poster highlights 3 essentials insights on the application of theory to research. Through the influence of theory, I constructed typologies of hate crime, which provide a link between: 1. How ‘hate crime’ is defined; 2. possible causes of hate crime; and 3. how hate crime is responded to. The key premise of my research project is that how ‘hate crime’ is defined and conceived of, will determine the strategies used to challenge it. For example, in the first typologies box (see below), ‘hate crime’ defined as ‘Symptomatic Prejudice’ is caused by negative attitudes and beliefs about the Other gained via socialization processes; therefore, the appropriate response in this case could be re-socialization approaches, e.g. mediation, or informal education undertaken by community workers.
Czy powinniśmy karać nienawiść? Uwagi o koncepcji przestępstw z nienawiści [Should we punish hate? Remarks about the concept of hate crimes]
by Michał Dudek
Published in: „Forum Prawnicze” ["Legal Forum"] 2012, no. 1 (9), pp. 33-47. ISSN 2081-688X
New challenges to empower international norms and practices in preventing mass atrocities and crimes? An analysis about violence and hate speech through media.
by Enzo Maria Le Fevre Cervini
Co-authored by Prof. Cristiana Carletti (Professor of International Organization and Human Rights' Protection at the University "Roma Tre", Faculty of Political Sciences, Rome, Italy) and Enzo Maria Le Fevre Cervini (Associate at the Center for International Conflict Resolution, School of International and Public Affairs, Columbia University in the City of New York), Submitted to IPRA global conference ‘COMMUNICATING PEACE’, University of Sydney, Australia 6-10 July 2010
The capacity to communicate hate and anger has contributed enormously to the deployment of massive violent measures... more
The capacity to communicate hate and anger has contributed enormously to the deployment of massive violent measures during conflict that often leaded to genocide and mass atrocities. The memory of Radio Mille Collines in Rwanda contributes to the argument of experts of how media and communication does lead to social reaction and, in the specific case, to social anger, revenge and “willingness to kill” the “enemy”.
The necessity of international law mechanisms to deploy a concrete message for the prevention of such crimes has not yet come to force. The path for the construction of a preventive framework to avoid future genocide and mass atrocities requires the empowerment of international regulations for the enforcement of hate speeches, messages and signs. A research approach that visualize this problematic in the overall framework of the emerging norm of the Responsibility to Protect, and in particular with the evolution of a institutionalization of the preventive action pillar that empowers in particular the UN Convention for the Prevention and Punishment of the Crime of Genocide, will try to cope with an existing dilemma in the field of communication between the freedom of speech and the necessity to avoid hate and violence through the media. The result of the research, conducted through the international norms of communication and the acknowledgement of new characteristics of the global community in the field of media will contribute to the evolution of a preventing genocide and mass atrocities.
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Seen by: and 4 moreTwo Kinds of Expressive Harm
Draft written for a conference on hate crime legislation.
Enhanced punishment for hate crimes can't be justified on the basis of greater psychological or physical harm, nor... more Enhanced punishment for hate crimes can't be justified on the basis of greater psychological or physical harm, nor greater blameworthiness of the perpetrator. It is better to focus on expressive harm, harm constituted by attitudes manifested by either the perpetrator (the Expressive Wrongdoing view) or the attitudes of a community that allows some to manifest contempt or disgust of a group (the Expressive Punishment view). I briefly defend the superiority of Expressive Punishment.
Libertà di espressione e reati di opinione
Published in Rivista italiana di diritto e procedura penale, 2007(2/3), pp. 689-738
Banks, J. (2010) 'Regulating Hate Speech Online', International Review of Law, Computers and Technology, 24, 3: 233-239.
by James Banks
The exponential growth in the Internet as a means of communication has been emulated by an increase in far-right and... more The exponential growth in the Internet as a means of communication has been emulated by an increase in far-right and extremist web sites and hate based activity in cyberspace. The anonymity and mobility afforded by the Internet has made harassment and expressions of hate effortless in a landscape that is abstract and beyond the realms of traditional law enforcement. This paper examines the complexities of regulating hate speech on the Internet through legal and technological frameworks. It explores the limitations of unilateral national content legislation and the difficulties inherent in multilateral efforts to regulate the Internet. The paper develops to consider how technological innovations can restrict the harm caused by hate speech while states seek to find common ground upon which to harmonise their approach to regulation. Further, it argues that a broad coalition of government, business and citizenry is likely to be most effective in reducing the harm caused by hate speech.
Banks, J. (2011) 'European Regulation of Cross-Border Hate Speech in Cyberspace: The Limits of Legislation', European Journal of Crime, Criminal Law and Criminal Justice, 19: 1-13.
by James Banks
This article examines the complexities of regulating hate speech on the Internet through legal frameworks. It... more This article examines the complexities of regulating hate speech on the Internet through legal frameworks. It demonstrates the limitations of unilateral national content legislation and the difficulties inherent in multilateral efforts to regulate the Internet. The article highlights how the US commitment to free speech has undermined European efforts to construct a truly international regulatory system. It is argued that a broad coalition of citizens, industry and government, employing technological, educational and legal frameworks, may offer the most effective approach through which to limit the effects of hate speech originating from outside of European borders.
Hate Crimes and their Practical Use in Risk Assessment and Terrorism Prevention
In: Large-Scale Victimization due to Protracted Conflicts as a Potential Source of Terrorist Activities - Importance of Regaining Security in Post-Conflict Societies / Ewald, Uwe & Turkovic, Ksenija (ur.). - Amsterdam : IOS Press, 2006. In detail: https://bib.irb.hr/prikazi-rad?&lang=EN&rad=239068
Some of the theories most frequently used to try and explain the appearance and development of political and terrorist... more Some of the theories most frequently used to try and explain the appearance and development of political and terrorist violence argue that social deprivation, ethnic discrimination or religious intolerance and suppression, trigger oppressed groups into using political violence, believing that it is the only way to be heard on a political level and to gain more decision-making influence. Following this theoretical concept, it seems justified to argue that large-scale victimization, combined with perceived injustice in past conflicts, could potentially be a source of political violence and terrorism in the future. Furthermore, victimization and victim narratives passed on from one generation to the other obviously play a major role, both in interpreting history and in justifying terrorist violence. Yet, is victimization actually one of the root causes of terrorism, or is it just another convenient excuse for practicing violence? Research aimed at answering this question by looking closely at the relevant criminological characteristics of two very similar phenomena, hate crimes and terrorism, could provide highly useful information which would increase our understanding of how ethnic hatred develops and fosters the dilemma of ethnic security, while remaining a constant threat for security, especially in post-conflict societies.
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Seen by:The Role of Capitalism in Constructing and Maintaining Mass Hate and Genocide
Unpublished - January 2011
Mass Hate and Genocide are possibly the worst crimes against humanity; condemning individual’s based on social... more Mass Hate and Genocide are possibly the worst crimes against humanity; condemning individual’s based on social affiliations, regardless of whether these are selected through choice or predisposition. These crimes are frequently regarded as arising through non-Capitalist nations, despite history showing these atrocities occurring on all continents and ultimately ignoring the role of Capitalism. Adopting a Marxist analysis this paper explores the theories and events of Mass-Hate and Genocide throughout modern history, determining to what extent Capitalist States may assist the construction and maintenance of these horrendous crimes against mankind.

