Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

This book presents both a new theoretical framework for the criminalisation of hate, referred to as “law as social justice liberalism”, and a comprehensive analysis of hate crime laws that have been enacted globally. The book begins by reflecting back on 30 years of theorisation on hate crime laws, arguing that there has been a failure to adequately capture the distinct harms of hate-based criminal conduct within legal frameworks. The book posits that liberal societies interested in advancing social equality ought to expand conventional paradigms of harm used in criminal law by comprehending hate-based conduct as a form of social injustice. Drawing on the work of Iris Young, the book sets out a comprehensive analysis of the harms of hate crime as a form of group-based oppression and uses this to set out criteria for the inclusion of protected characteristics under legislation. The second half of the book presents findings from a comparative study of hate crime laws enacted in 190 different legal jurisdictions. This includes a new taxonomy of types, models and legal tests used by legislatures to capture the myriad forms of hate-based criminal conduct that occur globally. Further evaluation of case law and empirical research on the application of these diverging legislative approaches is used to provide recommendations on how legislators ought to construct hate crime laws. The book completes its analysis of law as social justice liberalism by synthesising law, punishment and restorative justice as a means of ensuring that liberal systems of “justice” are more firmly anchored to the advancement of “social justice”.

The Globalisation of Hate: Internationalising Hate Crime? is the first book to examine the impact of globalisation on our understanding of hate speech and hate crime. Bringing together internationally acclaimed scholars with researchers, policy makers and practitioners from across the world, it critically scrutinises the concept of hate crime as a global phenomenon, seeking to examine whether hate crime can, or should, be conceptualised within an international framework and, if so, how this might be achieved. Beginning with the global dynamics of hate, the contributions analyse whether hate crime can be defined globally, whether universal principles can be applied to the phenomenon, how hatred is spread, and how it impacts upon our global society. The middle portion of the book moves beyond the broader questions of globalisation to jurisdictional examples of how globalisation impacts upon our understanding of, and also our responses to, hate crime. The chapters explore in greater detail what is happening around the world and how the international concepts of hate crime are being operationalised locally, drawing out the themes of globalisation and internationalisation that are relevant to hate crime, as evidenced by a number of jurisdictions from Europe, the US, Asia, and Africa. The final part of the book concludes with an examination of the different ways in which hate speech and hate crime is being combatted globally. International law, internet regulation and the use of restorative practices are evaluated as methods of addressing hate-based conflict, with the discussions drawn from existing frameworks as well as exploring normative standards for future international efforts. Taken together, these innovative and insightful contributions offer a timely investigation into the effects of hate crime, offering an interdisciplinary approach to tackling what is now a global issue. It will be of interest to scholars and students of criminology, sociology and criminal justice, as well as criminal justice practitioners, police officers and policy makers.

In The Name of Hate is the first book to offer a comprehensive theory of hate crimes, arguing for an expansion of the legal definitions that most states in the U.S. hold. Barbara Perry provides an historical understanding of hate crimes and provocatively argues that hate crimes are not an aberration of current society, but rather a by-product of a society still grappling with inequality, difference, fear, and hate.

Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

With hate crimes on the rise, it is more important than ever to understand how hate originates, develops, manifests, and spreads--and how it can be counteracted. In this book, renowned psychologist Robert J. Sternberg assembles a diverse group of experts to examine these central issues from the perspectives of multiple disciplines. The book is anchored by Sternberg's FLOTSAM theory, which identifies key conditions that enable the development and transmission of hate, including fear, license, obedience to authority, trust, sense of belonging to a valued group, amplification of arousal, and modeling. Chapters work through various manifestations of hate: hate as a thought, a feeling, or an action; forms of hate that are rooted in group bias, or that stem from a single relationship; and hate that varies in intensity, from the mundane to the extreme. Authors also explore the various cognitive and emotional processes at work, as well as the political motivations that can spark violent acts of hate. The book also considers the role of hate crime legislation and the relationships among hate speech, free speech, and group violence.