Hate Crimes as Discriminatory Violations

Elena Mihajlova Stratilati

Elena Mihajlova Stratilati Ss. Cyril and Methodius University in Skopje, Faculty of Law

Keywords: hate crimes • dignity • discrimination • humiliation • harm

Abstract

Hate crimes are new concept in the academic research. Clearly, they are not a new phenomenon and it is important to bear in mind that what is currently being addressed as "hate crimes" has a long historical line. What is however new in this context is the cultural plurality of societies as a result of increased migration and postmodern awakening of old identities. Not to forget the strong role that globalization has in the facing of cultures to each other. Thus, the hate crimes that are otherwise older are placed in this new context. The first part of the text gives an overview of some of the wider and more elaborated definitions that are central for our conceptual understanding of hate crimes. Following this understanding the second part of the text tries to analyse the unique harm or injury that hate crimes are causing and to illuminate more precisely the discriminatory violence and how it brings further humiliation to the victim.

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Author Biography

Elena Mihajlova Stratilati, Ss. Cyril and Methodius University in Skopje, Faculty of Law

Ph. D., Assistant Professor, Ss. Cyril and Methodius University in Skopje, Faculty of Law, "Iustinianus Primus" Skopje, bul. Goce Delcev, n. 9, 1000 Skopje; Republic of Macedonia, e-mail: elenamihajlova@yahoo.com.

References

Bowling, B. (1993) Racial Harassment and the Process of Victimization: Conceptual and Methodological Implications for the Local Crime Survey, British Journal of Criminology 33(2), pp. 231-250.

Boyd, E. A., Berk, R. A., Hamner, K. M. (1996) "Motivated by hatred or prejudice": Categorization of hate-motivated crimes in two police divisions. Law & Society Review 30(4), pp. 819–850.

Chakraborti, N., Garland, J. (2009) Hate Crime, Impact, Causes and Responses (London: Sage Publications).

Gerstenfeld, P. B. (2004) in Phyllis, B., Gerstenfeld, D. R. Grant (eds.) Crimes of Hate (Thousand Oaks, California: Sage Publicatios).

Gerstenfeld, P. B. (2011) in Phyllis, B., Gerstenfeld, D. R. Grant (eds.) Hate Crimes: Causes, Controls, and Controversies (Thousand Oaks, California: Sage Publicatios).

Green, D. P., Laurence, H. McFalls, J., Smith, K. (2001) Hate Crime: An Emergent Research Agenda, Annual Review of Sociology, Vol. 27(1), pp. 479–504.

Harel, A., Parchomovsky, G. (1999) On Hate and Equality, Yale Law Journal, 109(3), pp. 507–539.

Iganski, P. (2008) Hate Crime and the City (Bristol: The Polity Press).

Jacobs, J. B., Henry J. S. (1996) The Social Construction of a Hate Crime, Journal of Criminal Law and Criminology, 86(2), pp. 366–391.

Jacobs, J. B., Potter, K. (1998) Hate Crimes, Criminal Law & Identity Politics (Oxford: Oxford University Press).

Jenness, V., Grattet, R. (2001) Making hate a crime. From social movement to law enforcement (New York: Russel Sage Foundation).

Kahan, D. M. (2001) Two Liberal Fallacies in Hate Crime Debate, Law and Philosophy 20 (2), pp. 175–193.

Lawrence, F. M. (1999) Punishing Hate: Bias Crimes under American Law (Cambridge, Massachusetts: Harvard University Press).

Margalit, A. (1996) The Decent Society (Cambridge, Massachusetts: Harvard University Press).

OSCE (2005) Combating Hate Crimes in the OSCE Region: An Overview of Statistics, Legislation, and National Initiatives, OSCE/ODIHR, Published by ODIHR, Warsaw, Poland.

Perry, B. (2001) In the Name of Hate: Understanding Hate Crimes (New York: Routledge).

Perry, B. (2005) A crime by any other name: the semantics of “hate”, Journal of Hate Studies, 4(1), pp. 121–137.

Petrosino, C. (2004) Connecting the Past to the Future, Hate Crime in America, in Gerstenfeld, P. B., Grant, D. R. (eds.), Crimes of Hate (Thousand Oaks, California: Sage Publicatios).

Salecl, R. (1994) The Spoils of Freedom: Psychoanalysis and Feminism after the Fall of Socialism (London and New York: Routledge).

Scarry, E. (1985) The Body in Pain: The Making and Unmaking of the World (Oxford and New York: Oxford University Press).

Sheffield, C. (1995) Hate Violence, in Race, Class and Gender in the United States (ed. Rothenberg, P.) (New York: St. Martin’s Press).

Weiss, J. (1993) Ethnoviolence: Impact upon the Response of victims and the Community, in Bias Crime: American Law Enforcement and Legal Response, Kelly, R. J. (University of Illinois at Chicago: Office of International Criminal Justice).

Wolfe, L., Copeland, L. (1994) Violence against Women as Bias-Motivated Hate Crime: Defining the Issues in the USA, in Women and Violence (ed. Davies, M.) (London: Zed Books).