Lancaster EPrints

Unpalatable in word or deed: hostility, difference and free expression.

Bryan, Ian (2007) Unpalatable in word or deed: hostility, difference and free expression. Crimes and Misdemeanours: Deviance and the Law in Historical Perspective, 1 (2). pp. 126-153.

[img]
Preview
PDF (Bryan20final.pdf)
Download (264Kb) | Preview

    Abstract

    This article conducts a review of the principal tools used in English criminal law, from the early modern period to the present, to impose limits on free expression, particularly the freedom to exhibit �hate�, in pursuit of social order and to police the boundaries at which the acceptable is segregated from the unacceptable. Against this historical backdrop, the article assesses the controversial Racial and Religious Hatred Act 2006, pointing to (dis)similarities with the preceding Bill and with the incitement to racial hatred measures on which the 2006 Act is modelled. The discussion also explores whether, in light of European and domestic human rights law, the English law of blasphemy should be abolished. It continues with an evaluation of how far existing public order legislation, regarding �racially or religiously aggravated� offences, are adequate to cover the ground addressed not only by the newly enacted incitement to religious hatred offences but also both the older incitement to racial hatred legislation and the common law as to blasphemy. It is argued that conflict over the mobilisation of criminal law to promote public civility is intrinsic not only to criminal law past and present but also to any pluralist polity committed to addressing social inequality.

    Item Type: Article
    Journal or Publication Title: Crimes and Misdemeanours: Deviance and the Law in Historical Perspective
    Uncontrolled Keywords: blasphemy ; incitement to racial hatred ; public order law ; Race and Religious Hatred Act 2006
    Subjects: K Law > K Law (General)
    Departments: Faculty of Arts & Social Sciences > Law School
    ID Code: 747
    Deposited By: Dr Ian Bryan
    Deposited On: 12 Nov 2007
    Refereed?: Yes
    Published?: Published
    Last Modified: 26 Jul 2012 18:19
    Identification Number:
    URI: http://eprints.lancs.ac.uk/id/eprint/747

    Actions (login required)

    View Item