[thechat] The Death of Democracy...

Chris Marsh chris at ecleanuk.com
Fri Feb 14 09:20:01 CST 2003


[..]
> > No, it is a subversion of freedom to express one's
> opinions. It is an
> > introduction of thought crime, as hate is an emotion. What makes
> > speech "hate speech" is not what you say, but what you
> think while you
> > say it. This is a micro-step away from being what you think
> > _whether_or_not_you_say_it_. Having racist opinions should never be
> > illegal. Thoughts should never come under the juristiction
> of the law.
>
> While I think you're right, how is this different from
> intent, as used to differentiate murder from manslaughter? Or
> conspiracy?

As far as I understand it, homicide can be divided into four categories:
premeditated and voluntary, spur of the moment and voluntary, spur of
the moment and involuntary, and accidental. In the first two cases it is
not the thoughts themselves that are taken into account, it is the
manner in which the thoughts are implemented. Premeditation implies that
actions are taken prior to the event. Actions *are* and should be
punishable. It is the lack of actions in the second case that lead to it
being less serious (in law). In the third case (as I understand it) the
death is accidental, *but* duuring the commision of a crime against the
victim. Thus, again it is the surrounding actions that are taken into
account. However, IANAL ;)

Regards

Chris Marsh




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