Hate crimes: Protected prejudice or punishable motive?

Scott Yenor, Jon Schaff

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

The existence of illiberal attitudes poses a challenge to a liberal society. Liberal societies are designed to protect human freedoms, including free thought, free speech, and political association. The legal system guarantees these rights by treating individuals equally with out regard to their thoughts, speech, or political associations. Punishment and incarceration demonstrate our commitment to equal justice and reaffirm society's commitment to protecting itself. These penalties are a quintessential expression of our commonality, unity, and solidarity. At the same time, liberal society's commitment to limited government seems to preclude government from actively shaping the manner in which freedom is exercised. Because liberal tolerance seems to protect intolerant beliefs, as a consequence various racial, religious, ethnic, and homosexual groups have mobilized around the goal of eradicating through persuasion what they perceive as hatred, bigotry, and intolerance that is beyond liberal government's coercive powers.
Original languageEnglish
Title of host publicationMoral Controversies in American Politics
EditorsRaymond Tatalovich, Byron W. Daynes
Place of PublicationNew York, NY
PublisherRoutledge
Chapter4
Pages110-131
Number of pages22
Edition4th
ISBN (Electronic)9781317464426
ISBN (Print)9780765626509, 9780765626516
DOIs
StatePublished - 2015

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