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

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