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STUDIES IN LAW, POLITICS,
AND SOCIETY
STUDIES IN LAW, POLITICS,
AND SOCIETY
Series Editor: Austin Sarat
Recent volumes:
Volumes 1–2: Edited by Rita J. Simon
Volume 3: Edited by Steven Spitzer
Volumes 4–9: Edited by Steven Spitzer and Andrew S. Scull
Volumes 10–16: Edited by Susan S. Sibey and Austin Sarat
Volumes 17–33: Edited by Austin Sarat and Patricia Ewick
Volumes 34–77: Edited by Austin Sarat
Volume 78: Edited by Livia Holden and Austin Sarat
Volume 79: Edited by Austin Sarat
Volume 80: Edited by Austin Sarat
Volume 81: Edited by Austin Sarat
Volume 82: Edited by Austin Sarat
Volume 83: Edited by Austin Sarat
Volume 84: Edited by Austin Sarat
STUDIES IN LAW, POLITICS, AND SOCIETY VOLUME 85

STUDIES IN LAW, POLITICS,

AND SOCIETY
EDITED BY

AUSTIN SARAT
Department of Law, Jurisprudence & Social Thought and
Political Science, Amherst College

Symposium: Hatred and the Law

United Kingdom – North America – Japan

India – Malaysia – China
Emerald Publishing Limited
Howard House, Wagon Lane, Bingley BD16 1WA, UK

First edition 2021

Copyright © 2021 Emerald Publishing Limited

Reprints and permissions service

Contact: [email protected]

No part of this book may be reproduced, stored in a retrieval system, transmitted in

any form or by any means electronic, mechanical, photocopying, recording or otherwise
without either the prior written permission of the publisher or a licence permitting
restricted copying issued in the UK by The Copyright Licensing Agency and in the USA
by The Copyright Clearance Center. Any opinions expressed in the chapters are those
of the authors. Whilst Emerald makes every effort to ensure the quality and accuracy of
its content, Emerald makes no representation implied or otherwise, as to the chapters’
suitability and application and disclaims any warranties, express or implied, to their use.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN: 978-1-80071-221-8 (Print)

ISBN: 978-1-80071-220-1 (Online)
ISBN: 978-1-80071-222-5 (Epub)

ISSN: 1059-4337 (Series)

CONTENTS

List of Contributors vii

Editorial Board ix

Section I General Article

Chapter 1 Same Procedure as Last Year? Patterns of

Death Penalty Bill Introductions in the Era of
Abolition 1999–2018
Emma Ricknell 3

Section II Hatred and the Law: A Symposium

Chapter 2 Lack of Punishment Doesn’t Fit the Crime:

America’s Tepid Response to Bias-motivated Crime
Jeannine Bell 29

Chapter 3 “You Complete Me”: Batman, Joker, and the

Countersubversive Politics of American Law and Order
Jeffrey R. Dudas 49

Chapter 4 The Role of Social Media Companies in the

Regulation of Online Hate Speech
Chara Bakalis and Julia Hornle 75

Chapter 5 A Socio-legal Analysis of Gender-based

Victimization, Misogyny and the Hate Crime Paradigm
in England and Wales
Marian Duggan 101

v
This page intentionally left blank
LIST OF CONTRIBUTORS

Chara Bakalis Oxford Brookes University, UK

Jeannine Bell Indiana University, USA
Jeffrey R. Dudas University of Connecticut, USA
Marian Duggan University of Kent, UK
Julia Hornle Queen Mary University of London, UK
Emma Ricknell Linnaeus University, Sweden

vii
This page intentionally left blank
EDITORIAL BOARD

Gad Barzilai Tel Aviv University, Isreal

Paul Berman George Washington University, USA
Roger Cotterrell University of London, UK
Jennifer Culbert Johns Hopkins University, USA
Eve Darian-Smith University of California, Santa Barbara, USA
David Delaney Amherst College, USA
Florence Dore University of North Carolina, USA
David Engel State University of New York at Buffalo, USA
Anthony Farley Albany Law School, USA
David Garland New York University, USA
Jonathan Goldberg-Hiller University of Hawaii, USA
Laura Gomez University of California, Los Angeles, USA
Piyel Haldar University of London, UK
Thomas Hilbink Open Society Institute, USA
Desmond Manderson Australian National University, Australia
Jennifer Mnookin University of California, Los Angeles, USA
Laura Beth Nielsen American Bar Foundation, USA
Paul Passavant Hobart and William Smith College, USA
Susan Schmeiser University of Connecticut, USA
Jonathan Simon University of California, Berkeley, USA
Marianna Valverde University of Toronto, Canada
Alison Young University of Melbourne, Australia

ix
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high other

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speakers

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table home

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Parliament and Church

48 worked

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have

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narrative of

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stay Sea

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colonies
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turn all

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with as
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point husband

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