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Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Article
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Community
Sustainability
Wildness
5 min read

What my noisy, messy crow neighbours have taught me about how to live

We can’t control nature; we just need to become more porous to it

Joel Pierce is the administrator of Christ's College, University of Aberdeen. He has recently published his first book.

Crows caw and strut.
Meet the neighbours.
Townsend Walton on Unsplash.

Our neighbours hate our crows. I can’t blame them. The hundreds of crows that occupy the tops of the ancient pines which surround our rural manse are the noisiest and messiest residents I have ever lived near. They greet each sunrise with a din of caws and counter-caws, as if they are deeply concerned that anyone might miss this momentous daily event or the fact that it’s now happening before 5:30a.m. In nesting season, which lasts most of April and May, our car is easily identifiable in any carpark by the crusted grey spots with which the crows see fit to adorn it. Within a week of moving in, we gave up on the washing line so invitingly strung between two of the pines. Our pristine whites were too tempting a target for our crows. 

I do not attend the meetings of our local community council, but I hear whispers of what transpires there. Our crows, evidently, have been a regular topic of conversation. Multiple solutions have been proffered for driving them away. All have been tried and all have failed. Our crows cling fiercely to their homes and their determination is more than a match for any human efforts. If I have the vibe of my community right, at least some of its members feel that there’s something perverse, obscene even, about a flock of birds being allowed to upset our human right to create a serene, comfortable, and convenient habitation. Our clump of houses is surrounded by a visually stunning landscape; shouldn’t the aural landscape be equally beautiful?  

If my family does not mind our crows, it is because the treetop drama is just one more example of many natural encroachments on the house, some more welcome than others.  

Every year we celebrate the miraculous return to our eaves of house martins, home from their intercontinental peregrinations. We look forward to another summer spent watching their acrobatics and listening to their chicks in the nests an arm’s length from our windows.  

Clearing up the mess of our attic’s bats is an annual chore, one thankfully performed stoically by our church’s property convener, but there are compensations - such as the twilight shows they put on outside our living room window, performing impossible turns and reversals midair in their search for prey.  

Less welcome are the massive spiders, which are a perennial presence; the slugs, which seemed to apparate onto the hall carpet all through winter, the mice, two of whom sacrificed themselves to knock our dishwasher out of action by chewing through its hose; and the wasps who built a nest the size of a telephone box in the roof space above our back bathroom.  

Least fun of all has been what we call the Great Earwig Migrations, which have happened twice in our half-decade in the manse and which involve weeks of finding the little bugs under, seemingly, every object and on every surface.  

When we moved into the manse, we expected challenges, the high heating bills, the leaking roof, and the isolation of the countryside. What we did not expect was the experience of porousness; the shock of realising that we had so little control over what other forms of life saw fit to share our habitation with us.  

At first it felt to me perverse, obscene even, that a house, even a 120-year-old house, should be so vulnerable to incursions by animal creation. Shouldn’t our home, our space, be a haven where we can control who or what enters, who or what we feel comfortable with, and who or what we can exclude?  

If I had to give a name to this expectation, maybe it would be that of the buffered home, a play on philosopher Charles Taylor’s description of the modern self as buffered. Taylor contrasts the selves we aspire to be in modernity, ones able to control and order our bodies, our space, our lives, and our relationships so that they accord with our autonomous desires and actions, with those of our premodern ancestors. Medievals and ancients assumed porosity. Bodies were subject not just to biological infection, but spiritual infections too. Projects and plans were frustrated not just by mistakes or personal failings, but by the ever-fickle whims of the goddess Fortuna. Their lives, their bodies, their homes, existed in a perpetual state of vulnerability. The threat of everything falling apart was always on the horizon. 

We want nature to survive, flourish even, but not at the cost of our comforts or our sense of autonomy and security.

Modern technology has helped us tame the more unwelcome of these forces, but it has also given us an overly naive expectation that all that is inconvenient about nature can and should be gradually eliminated. This expectation frames the way we respond to worries about climate change and other creeping environmental crises. We want nature to survive, flourish even, but not at the cost of our comforts or our sense of autonomy and security. But as our ancestors might remind us, we are part of nature too, and, just as in any relationship, mutual vulnerability and sacrifice are needed if we are all going to survive. This is scary, but there are resources within Christianity - within other faiths too - to help us understand that there are benefits to affirming our vulnerability, our porosity. 

My daughters love our crows. They point in wonder as the crows flood into the sky at dusk, hundreds of them making a giant circle once, then twice round the garden, before settling down for the night. When, in late May, grounded fledgings appear, bundles of feathers shocked at the sudden inhospitality of the nest, too stunned to realise they can fly home, my daughters watch over them, anxious lest the local cats take advantage of their bewilderment.  

A few Sundays ago, my youngest, who struggles to stay quiet and well-behaved in Sunday School, pulled me out of church early. We sat on the church lawn staring up at the crows and soon were adapting the andante melodies of that Sunday’s hymns into imagined songs of praise that crows might sing. “No,” my youngest said, simpatico with the crows as she is, “I think they’d want something more upbeat.” And so we tried setting our own corvid-themed praise lyrics to Rosé and Bruno Mars’ song APT, while listening to the caw and counter-caw above. “Dad, how do you think God sees the world?” she asked me when we finished. I stumbled through my best theologically informed explanation of how God could be in every part of creation without being of it, before she stopped me. “I think it’s like a giant snow globe that he holds in his hands.” Watching the birds swirl around us, two stationary figures caught by the same currents of air that were sweeping them aloft, what could I do but agree? 

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