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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Hate Crimes: Criminal Law and Identity Politics

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ISBN13: 9780195114485
ISBN: 0195114485
Published: April 1998
Publisher: Oxford University Press
Country of Publication: USA
Format: Hardback
Price: £43.49
Paperback edition , ISBN13 9780195140545

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Early in the 1980s, a new category of crime appeared in the criminal law lexicon. In response to what was said to be an epidemic of prejudice-motivated violence, Congress and many state legislatures passed a wave of ""hate crime"" laws that required the collection of statistics and enhanced the punishment of crimes motivated by certain prejudices.

This book places in socio-legal perspective both the hate crime problem and society's response to it. From the outset, Jacobs and Potter adopt a sceptical if not critical stance. They argue that hate crime is a hopelessly muddled concept and that legal definitions of the term are riddled with ambiguity and subjectivity. Moreover, no matter how hate crime is defined, the authors find no evidence to support the claim that the US is experiencing a hate crime epidemic - nor that the number or rate of hate crimes is at a historic zenith.

Furthermore, assert the authors, the federal effort to establish a hate crime accounting system has been a failure. The authors argue that hate crime as a socio-legal category represents the elaboration of an identity politics that manifests itself in many areas of the law.