The symbolic purpose of hate crime law: Ideal victims and emotion

Abstract

This article examines the symbolic function of hate crime law. By challenging the norms that sustain and promote prejudice, hate crime law seeks to contribute to claims for social justice on behalf of victim groups. This symbolic function cannot be achieved by legal rules alone. Drawing upon theories of emotional thinking, the article argues that the moral work of hate crime laws is dependent upon the capacity of victim groups to engender compassionate thinking that helps reconfigure perceptions of them as dangerous, illegitimate or inferior Others. This analysis seeks to contribute to our understanding of the processes through which some minority communities fall short of the image of ideal victims capable of contributing to the moral claim embedded in hate crime law.