Abstract

This article scrutinizes the Finnish religious insults and the related legal practice during the 21st century. It examines how the Office of the Prosecutor General, the courts, as well as the defendants construct the category of religion – i.e. that, which is a target of a special protection – and how the discourses on ethnicity and race play a part in that process. It is found, that ways in which the defendants construct the targeted groups with terms considered to be about religion, ethnicity or race affects the ways the officials construct these groups. This includes the practical abolishment of the formal category of religion, found in the letter of law, in favour of the popular one. Furthermore, it is argued, that while being part of the established religion discourse improves the chances for benefitting from the religious insult legislation, the said law, applied quite inconsistently, is found to be relatively ineffective avenue for groups seeking justice amid speech or actions considered to be religiously offending. More generally, the article demonstrates that the discursive study of religion can benefit from a perspective where empirically nearby categories (such as ethnicity and race) are incorporated into the analysis.

Highlights

  • This article examines religious insults and related legal practice in Finland during the 21st century

  • The nature of the offences themselves, and the influence of the lay religion discourse, means that the formal category of religion becomes relatively insignificant in BOSR cases

  • It was argued above that there is a tension between the institutional religion discourse and the lay religion discourse prevailing in society in general

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Summary

Methodology and data

The data for this study consists of eleven cases handled by the Office of the Prosecutor General ( the OPG) and ten cases decided by the Finnish courts between 1999 and 2017. Despite the formal emphasis on the official legal category of religion already mentioned, the question of whether the examined insults concerned a particular registered religious community rarely arises in BOSR cases.. The nature of the offences themselves (the fact that they do not usually target particular communities or churches, but Islam or Christianity in general, for example, instead), and the influence of the lay religion discourse, means that the formal category of religion becomes relatively insignificant in BOSR cases. These observations raise questions about the consistency of the legal practice. 23 One should note that all officials and defendants examined here were white Finns

Conclusion
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