Assault (hate crime reprise?)

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"Assault is an extremely communicatory crime and can only be committed in a communicative manner . A communicatory crime is one in which there is an ‘interaction’ (a discourse, of sorts) between the perpetrator and the victim. This concept does not cover whole (generally defined) Crimes but rather covers (particular) instances of crimes. Only those crimes which may be perpetrated on a person-to-person (or persons-to-person etc) basis fall within this concept. Thus, certain thefts (car-jacking, robbery) may be communicative whereas others aren’t (the carrier’s case, theft by finding). Assault by its very definitional essence as an ‘attack’ can only be communicative. This distinction becomes very important later in this discussion when we turn to consider why it is especially important that the Draft Criminal Code’s law on Aggravations applies to assault."

There's something niggling at me here. I can get what I'm getting at (that there's some sort of conversation going on between an assaulter and an assaultee because there is a sort of immanence/dialogue between two people who are THERE) but I can't get out of the back of my mind "yeh, but theft is also communicating something - I like yr stuff, gimme". So is it an issue that assault is more personal (ie I like yr skin I'm gonna flesch it off with my belt-buckle) than theft (because its about the object, not the person)? But then how much thieving is done out of spite? I'm not sure much. And how personal are assaults? Well why else would you assault someone. Well, because they are of a race/gender/persuasion you don't like? But, yeah, then that would be more personal?

Can YOU see what I'm getting at?

I'm trying to tie this into a Durkheimian argument for Hate Crime. If I have time I'll explain what that sentence means.

Cozen (Cozen), Wednesday, 12 March 2003 16:59 (twenty-three years ago)

"There is a niggle here, though. In what way can we say that theft by finding doesn’t communicate something from perpetrator to victim? Even if it is only “I like your stuff, gimme!” In the instances where I wish to draw the distinction, there is a personal ‘conversation’ between perpetrator and victim. The parameters of the dialogue are defined in terms of the perpetrator-victim relationship. What is being contested is the perpetrator’s relation, opinion, feelings etc towards the victim. The result of the dialogue (an assault) crystallises this relation, opinion etc and thus it feeds into the victim’s self-concept. Whereas, in non-communicatory crimes what is being contested is something extrinsic: an object, in the crime of theft, for example – something with no impact upon the victim’s Self." ?!?!?!

Cozen (Cozen), Wednesday, 12 March 2003 17:14 (twenty-three years ago)

Just as the way that society formulates its crimes is expressive so is the act of committing the crime.

Cozen (Cozen), Wednesday, 12 March 2003 17:21 (twenty-three years ago)

Oscar Wilde 2000!

Ned Raggett (Ned), Wednesday, 12 March 2003 17:21 (twenty-three years ago)

RAGGETT!

Cozen (Cozen), Wednesday, 12 March 2003 17:23 (twenty-three years ago)

That means, "I was hoping that the 1 new answer would be an 'ooh, I say' reasoned response from nitrousoxideitsuh".

Cozen (Cozen), Wednesday, 12 March 2003 17:24 (twenty-three years ago)

on a scale of 1 to u r all gay:

u r all ratin in at about 9

Cozen (Cozen), Wednesday, 12 March 2003 17:41 (twenty-three years ago)

I'll have to come back to it later tonight, Cozen, cause I have stuff to finish plus it just got me thinking about the car-yelling issue, which I don't think any of us want to re-introduce.

nabisco (nabisco), Wednesday, 12 March 2003 17:45 (twenty-three years ago)

*weeps* But your bolded statement was so pithy!

Ned Raggett (Ned), Wednesday, 12 March 2003 17:46 (twenty-three years ago)

Yeah, nitsuh, I was thinking about that (I have a section of my essay which is headed off "Yelling Things at People from Cars: Classic or Dud" - but I wasn't sure if it impacted upon the discussion. But I can maybe, if I contort, see how it could. I mean I think it'd be safe to re-introduce it if it was in terms of 'hate crime'. Maybe.

I wasn't calling you to arms, btw, I was just chastising the Raggett (";)") but yeah, you're more than welcome.

Cozen (Cozen), Wednesday, 12 March 2003 17:52 (twenty-three years ago)

cause I have stuff to finish

I read this at first as "I have stuff to hufff" and worried this would become an after-school special.

Chris P (Chris P), Wednesday, 12 March 2003 17:55 (twenty-three years ago)


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