Hate Crimes in Comparative Legal Perspective

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Hate Crimes in Comparative Legal Perspective

9781035343775 Edward Elgar Publishing
Edited by Jon-Mirena Landa Gorostiza, Full Professor of Criminal Law, Enara Garro Carrera, Professor of Criminal Law, Mikel Anderez Belategi, Lecturer in Criminal Law and Iñigo Gordon Benito, Lecturer in Criminal Law, University of the Basque Country (UPV/EHU), Spain
Publication Date: 2024 ISBN: 978 1 03534 377 5 Extent: 206 pp
Hate Crimes in Comparative Legal Perspective expertly analyses the current legislative, jurisprudential and statistical trends in hate crimes across Europe, comparing them with the evolution of international standards and with the dominant legislative model in common law countries.

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Hate Crimes in Comparative Legal Perspective expertly analyses the current legislative, jurisprudential and statistical trends in hate crimes across Europe, comparing them with the evolution of international standards and with the dominant legislative model in common law countries.

This book brings together leading experts in the field to investigate the legislative frameworks that have been established to combat hate crimes. Chapters also address the growing scientific and doctrinal debate on the best way to articulate anti-hate crime prohibitions and apply them through case law. Adopting a comparative law perspective, authors consider the direction followed by criminal policy in other jurisdictions, in particular the US. European legislative references and their application in case law are also examined.

Providing a comprehensive overview of the legal and statistical reality of hate criminality in prominent European jurisdictions, this book is a fundamental resource for researchers, academics and students of criminal Law and justice, comparative law and European law. Legal professionals and European policymakers will also find this to be a foundational resource on anti-discrimination legislation.
Critical Acclaim
‘Professor Landa and his colleagues have produced a timely and critical examination of hate crime and hate speech laws across Europe, including a rich exploration of both case law and empirical data. This book will serve as an indispensable reference for anyone engaged in hate crime scholarship or policy development.’
– Mark Walters, University of Sussex, UK

‘This book goes some way towards filling an odd lacuna in the hate crime literature, pulling together as it does scholarship on the emerging developments and debates on the hate crime canon across Europe. It features analyses of disparate nations and allows for the identification of both parallel and distinct approaches to the phenomenon. Hate Crimes in Comparative Legal Perspective lays a strong foundation for ongoing comparative analyses.’
– Barbara Perry, Ontario Tech University, Canada
Contents
Contents
Introduction to Hate Crimes in Comparative Legal Perspective xi
Jon-Mirena Landa Gorostiza and Enara Garro Carrera
1 Hate crimes in Spain: The state of affairs 1
Jon-Mirena Landa Gorostiza
2 Hate crimes and hate speech in Germany: Mapping of
legal provisions and the interpretation of case law 39
Enara Garro Carrera
3 Legal and criminological perspectives on hate crime and
hate crime control in Germany 78
Michael Kilchling
4 Hate crimes in Austria: Legal developments and statistical
findings 102
Lyane Sautner and Siegmar Lengauer
5 Criminalisation and judicial treatment of hate speech in France 149
Amane Gogorza
6 Hate crime and hate speech in England and Wales: Law
and statistics 163
Chara Bakalis
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