PROPORTIONALITY OF BIAS-MOTIVATION AND HATE CRIME: AN OVERVIEW OF HATE CRIME LAWS

Abstract

This article's overall research objective will be to critically analyze the foundational theory of hate crimes. The research question asks to what extent hate crimes are grounded in a foundational commonplace style of elaboration of statutory rules, as propounded by Nicolaus the Sophist, on the bases of the so-called ‘final headings’. The argument seeks to sustain the view that the so-called hate crimes are cognate to final headings elaborations in order to ground commonplace judicial denunciation. The research paradigm identifies underlying norms; therefore, the research methodology is doctrinal, establishing a legal narrative analysis.In extended synthesis, a statute might not proscribe fighting words of racial animus any more than those of hatred of the victim’s family. Regulation of the words’ subject inferred elaboration by the heading of the just and the appropriate. The enigma of the ‘something more’ criterion is ostensibly an elaboration of the possible and the beneficial. Hate crime laws apply to conduct motivated by hate, instead of hate speech. Hate suggests a consequential vitiation of reputation, so that hate crime laws are impliedly elaborated based on the final heading of the appropriate. Online symbolic rhetoric is arguably the enigmatic ‘something more’ and elaborated by the final headings of the possible and the beneficial. Hate crime laws require extraordinary police inquiries into offenders' motives. This conflation of duty and avoiding turning a blind eye implies final headings elaboration by the appropriate and the just. A measurement of victim vulnerability by association with a suffering group is the primary indicium of commonplace, elaborated by the final heading of the beneficial. The key to a hate crimes prosecution for social media actions would be hostility as a vicious error, as already elaborated as being equivalent to hatred, susceptible to elaboration by the final heading of appropriateness.