Twenty-third International Conference on Diversity in Organizations, Communities & Nations

Abstract

It is assumed in this study that a relationship of social and legal significance does exist between the prohibition of expressions or manifestations of racism in a society and its preservation of racial diversity. “Hate Crime and Public Order (Scotland) Act 2021” is reviewed, asking whether or how race is protected through its provisions against racism. Although the Scottish regime remains the focus here, “race, racism, and racially motivated offences” are all set and examined in wider conceptual and historical contexts. The review analyses the immediate context of the 2021 legislation and its provisions, principally examining 1) Statutory Aggravation and Race; 2) Aggravated Harassment; and 3) Stirring up Hatred. In the end, two cognate questions are raised: 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?