Abstract

Much of the current global debate around 'hate crimes' legislation is focused on the pragmatic and logistical difficulties of winning support for, and enacting, legislation. This paper takes a step back from the day-to-day issues of hate crimes and begins to unpack some of the philosophical underpinnings of the hate crime category. This is undertaken through an investigation of the coherence of hate crimes definitions and their policy implications. The paper's initial definition of hate crimes is tested for its appropriateness as applied to racist attacks and to attacks on gays and lesbians. From this, an analogy is drawn with crimes against women. The bulk of the paper is concerned with problematising the intellectual justifications for the inclusion or exclusion of gender in the hate crimes category. The extension of the hate crime category to include gender-related crimes raises particular public policy challenges.

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