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Abstract

A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.

Focusing on the Act, this review examines whether or how race within the context of diversity is protected through its provisions against racism. But why is a review of the Act necessary? Other related questions are explored for an appreciation of the object and purpose of this review: Is race a scientific category or social construct? Are racial minority groups protected under the new Hate Crime and Public Order regime? How might the effectiveness of the Act be assessed? What criteria are to be used for such assessment? To what extent, given the new Act, can race or diversity be distinguished and managed within a society? The question of whether hate should be made a crime is raised before considering two cognate questions: firstly, could the new anti-racist hate regime in Scotland promote a civic duty to report or intervene against racially motived offences? Secondly, could it deter, or transform the heart of, a potential offender?

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