The curious element of motive in definitions of terrorism: Essential ingredient - or criminalising thought?
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Controversy has erupted in many jurisdictions about the inclusion of a motive element in the criminal law definition of terrorism, in particular whether reference to a political, religious or ideological purpose or cause unjustifiably interferes in freedom of expression and freedom of religion, or invites racial or religious discrimination. This article argues that a compelling reason for including a motive element in an international or domestic definition of terrorist offences is that it helps to differentiate terrorism from other kinds of serious violence which may also generate fear (such as common assault, armed robbery, rape, or murder), while also according with commonplace public understanding of what constitutes terrorism. As such, the criminal law should recognise this distinction in defining terrorism, so as to more accurately express what is considered by the international and national communities to be distinctively wrongful about terrorism. Inevitably, this view reflects judgments of policy, politics and ethics, which may not be shared by all; but it is the critical impulse underlying arguments for including motive in definitions of terrorism.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Claudia Card (2003). Questions Regarding a War on Terrorism. Hypatia 18 (1):164 - 169.
Eric Reitan (2010). Defining Terrorism for Public Policy Purposes: The Group-Target Definition. Journal of Moral Philosophy 7 (2):253-278.
Igor Primoratz (ed.) (2004). Terrorism: The Philosophical Issues. Palgrave Macmillan.
Seumas Miller (2004). Terrorism and Collective Responsibility. International Journal of Applied Philosophy 18 (2):263-281.
Jay Sloan-Lynch (2012). Domestic Abuse as Terrorism. Hypatia 27 (4):774-790.
Scott C. Lowe (2006). Defining Terrorism. The Proceedings of the Twenty-First World Congress of Philosophy 2:253-256.
Added to index2009-01-28
Total downloads11 ( #300,772 of 1,792,523 )
Recent downloads (6 months)1 ( #464,764 of 1,792,523 )
How can I increase my downloads?