Czy powinniśmy karać nienawiść? Uwagi o koncepcji przestępstw z nienawiści

• Authors: Dudek Michał

Title variants

EN

Should we punish hate? Remarks about the concept of hate crimes

• Languages of publication: PL

Abstracts

EN

In the face of growing interest in the concept of hate crimes in Poland, the aim of this article is to present a few queries concerning this institution. Focusing on the so-called “racial animus” model of hate crime legislation there are presented main justifications of this concept (inter alia the so-called “greater harm argument” and the so-called “greater culpability of hate argument”) and there are discussed and developed various critical arguments referring to it. There is also commented the recent attempt to reform the Polish Criminal Code. Authors of the project explicitly refer to the concept of hate crimes. However, due to the very narrow scope of the proposed amendment, one can make a statement that the shape of planned changes corresponds to the widely shared understanding of the concept of hate crimes only to an insignificant extent. Thus, it appears that the project should not refer to the discussed institution at all. Due to a number of important problems (philosophical, social, and related to legal dogmatics), possible decisions to introduce hate crimes in legal system should be preceded by an in-depth reflection. However, due to the described issues, one can venture an assertion that this institution should not be introduced at all.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2012
• Issue: 1 (9)
• Pages: 33-47

Contributors

author

Dudek Michał

• Katedra Socjologii Prawa Wydziału Prawa i Administracji Uniwersytetu Jagiellońskiego