12,000

We have over 12,000 students, from over 100 countries, within one of the safest campuses in the UK

93%

93% of Lancaster students go into work or further study within six months of graduating

Home > Research > Publications & Outputs > Unpalatable in word or deed: hostility, differe...
View graph of relations

« Back

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

Research output: Contribution to journalJournal article

Published

Journal publication date2007
JournalCrimes and Misdemeanours: Deviance and the Law in Historical Perspective
Journal number2
Volume1
Number of pages28
Pages126-153
Original languageEnglish

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.