ABSTRACT
This chapter examines the criminalizing option. It begins by specifying exactly what certifies an act a "hate crime" versus, say, just an assault or even murder. The chapter then briefly traces out the emergence of the quest with particular attention to why hatefulness has suddenly become a "problem needing a solution". It explores an awkward issue that occurs repeatedly but conveniently all but escapes notice among proponents of anti-hate legislation—false accusations. A hate crime therefore involves two victims—the person raped or otherwise harmed and those sharing the victim's traits. Government and ecclesiastical prosecution of heretics has been replaced by occasional personal harassment and, on exceedingly rare occasion, criminality. Many nations have criminalized Holocaust denial, and Austria recently sentenced the British writer David Irving to jail for this offense. The chapter concludes by considering the limits on legalistic approaches, particularly the dangers of totalitarianism wherein refurbishing human nature is the elected pathway to tranquility.
