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Hate crime legislation and the limits of criminal law : a principled and evidence-based assessment of hate crime law and its application to Italy

Lucille Micheletto
(2021)
Author
Promoter
(UGent)
Organization
Abstract
This doctoral study examines whether hate crime law, as abstract models and as it is implemented in Italy, is legitimate under an integrated criminalisation theory. To do so, it first develops a classification framework for hate crime law based on relevant social and legal research. Then, it analyses and compares Italian and Anglo-American substantive criminalisation principles, and eventually merges the main elements of bot sets to create an Integrated Legitimacy Test. The test is first applied to hate crime law models to assess their legitimacy. Then, it is applied to Italian hate crime law. This analysis shows that hate crime law is legitimate in abstracto when drafted according to certain criteria. In Italy, only certain hate crime provisions are legitimate under the approach adopted.
Keywords
Criminal Law, Hate Crime, Legitimacy, Harm Principle, Legal Good, Offensività

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Citation

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MLA
Micheletto, Lucille. Hate Crime Legislation and the Limits of Criminal Law : A Principled and Evidence-Based Assessment of Hate Crime Law and Its Application to Italy. Universiteit Gent. Faculteit Recht en Criminologie, 2021.
APA
Micheletto, L. (2021). Hate crime legislation and the limits of criminal law : a principled and evidence-based assessment of hate crime law and its application to Italy. Universiteit Gent. Faculteit Recht en Criminologie.
Chicago author-date
Micheletto, Lucille. 2021. “Hate Crime Legislation and the Limits of Criminal Law : A Principled and Evidence-Based Assessment of Hate Crime Law and Its Application to Italy.” Universiteit Gent. Faculteit Recht en Criminologie.
Chicago author-date (all authors)
Micheletto, Lucille. 2021. “Hate Crime Legislation and the Limits of Criminal Law : A Principled and Evidence-Based Assessment of Hate Crime Law and Its Application to Italy.” Universiteit Gent. Faculteit Recht en Criminologie.
Vancouver
1.
Micheletto L. Hate crime legislation and the limits of criminal law : a principled and evidence-based assessment of hate crime law and its application to Italy. Universiteit Gent. Faculteit Recht en Criminologie; 2021.
IEEE
[1]
L. Micheletto, “Hate crime legislation and the limits of criminal law : a principled and evidence-based assessment of hate crime law and its application to Italy,” Universiteit Gent. Faculteit Recht en Criminologie, 2021.
@phdthesis{8689579,
  abstract     = {{This doctoral study examines whether hate crime law, as abstract models and as it is implemented in Italy, is legitimate under an integrated criminalisation theory. To do so, it first develops a classification framework for hate crime law based on relevant social and legal research. Then, it analyses and compares Italian and Anglo-American substantive criminalisation principles, and eventually merges the main elements of bot sets to create an Integrated Legitimacy Test. The test is first applied to hate crime law models to assess their legitimacy. Then, it is applied to Italian hate crime law. This analysis shows that hate crime law is legitimate in abstracto when drafted according to certain criteria. In Italy, only certain hate crime provisions are legitimate under the approach adopted.}},
  author       = {{Micheletto, Lucille}},
  keywords     = {{Criminal Law,Hate Crime,Legitimacy,Harm Principle,Legal Good,Offensività}},
  language     = {{eng}},
  pages        = {{xxi, 316}},
  publisher    = {{Universiteit Gent. Faculteit Recht en Criminologie}},
  school       = {{Ghent University}},
  title        = {{Hate crime legislation and the limits of criminal law : a principled and evidence-based assessment of hate crime law and its application to Italy}},
  year         = {{2021}},
}