Article
Comment
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
Belief
Church and state
Comment
Politics
6 min read

Danny Kruger, Christian values, and the dangers of thin religion

Thick or thin? Christianity’s role in Britain’s cultural crossroad

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A backbench MP stands in an almost empty chamber and speaks
Danny Kruger addressing Parliament.
Parliament TV.

In case you hadn’t noticed, a speech given to an audience of about seven people in a sparse House of Commons recently went viral. Danny Kruger’s recent call for a Christian restoration in the UK has generated a lot of attention. 

I've noticed two distinct responses in recent days. On one side, there are three (or more) cheers for Danny. He has been interviewed at Christian festivals, lauded for a brave, deeply considered and soulful appeal to the Christian heritage of the nation. He has been thinking deeply about this for some time as demonstrated in his book Covenant, sometimes seen as a manifesto for a renewed Conservatism based around the claims of family, community and nation, and summarised in this Seen & Unseen article. As one of the most prominent voices against the recent bills to permit assisted dying and the termination of full-term embryos, he is clearly reeling from the impact of these devastating recent votes in the Commons that, more than anything else, seem to demonstrate how far the nation has slipped its Christian moorings.  

Yet it’s not hard to stumble across another reaction. A former Bishop of Oxford called Kruger’s claim that the UK was a Christian nation anachronistic and counter-productive. Others have pointed out that many Jews, Muslims or hardened atheists would not be delighted to be told that ‘it is your church and you are its member.’ Others question whether there can be such a thing as a 'Christian nation'.

Some have picked up on a darker side to all this. Recent riots outside hostels for immigrants in Rotherham and Norwich showed protesters carrying flags of St George, even brandishing a wooden cross. Stephen Yaxley-Lennon, aka Tommy Robinson, and Nigel Farage have recently been speaking much more openly about the ‘Christian values’ on which Britain is founded, and many on the extreme right seem to have latched onto Christianity as at the heart of what they see as a cultural, civilisational war. Kruger’s talk of the gap left by Christianity’s demise being filled by Islam and, what worries him more, a kind of ‘wokeism’ that blends ‘ancient paganism, Christian heresies and the cult of modernism’, sets up a stark opposition. He goes on: “That religion, unlike Islam, must simply be destroyed, at least as a public doctrine. It must be banished from public life.” Does that language stray a bit too close to the aggressive language of more extreme voices on the right?  

Now I have some sympathy with this. I have written before of how I also fear the pagan gods are making a return. Like Danny Kruger, I too believe the recent votes in the House of Commons are a dark and dangerous turn toward death not life. Yet I can’t shake a nervous feeling that, without some careful thought, we might be summoning up shades we might not be able to control.  

The signs – and the solution - lie in the past. For centuries, Christianity, like all other religions, has been used as a weapon in civilisational wars. It happened in the Crusades of the eleventh to thirteenth centuries. It happened in the Balkan wars involving Serbia, Croatia and Bosnia in the 1990s and 2000. It happened in the ‘Troubles’ in Northern Ireland, where your neighbour being Protestant or Catholic was a reason to kill them.  

Theologians and sociologists sometimes talk of ‘thick’ and ‘thin’ religion. ‘Thin’ religion is simply a badge of identity. It often blends religion, politics and nationalism and serves as a motivation to unite people around a cause, such as Hindu nationalism, Muslim victimhood, or Christian supremacy. It is religion seen purely as a label, a badge of tribal identity over against other religious identities, however deeply felt. It is often nostalgic, ranged against enemies who are determined to destroy it, denigrating those who are not part of the religion as less deserving of value. It sees the Christian god as one of many gods – our god – which we must fight for against other gods, rather than, as Christian theology has always taught, the one true God who sits above all other gods, the God of the whole earth. It is paradoxically a manifestation of the kind of the kind of culture that Danny Kruger hates: “a return to the pagan belief that your value is determined by your sex, race or tribe.” Tommy Robinson’s faith seems as good an example of this as any. This is ‘thin’ religion.

I propose a simple test. If someone advocates Christian values and regularly goes to church, then they have a legitimate voice. 

‘Thick’ religion, however, is different. It is not just a badge of identity, but entails a set of distinct beliefs and practises. It means submitting yourself to the disciplines of the faith. In the Christian context, it a belief in God as Father, Son and Holy Spirit, that Jesus is the Son of God, that he died for the sins of the world, rose again on the third day and will return one day to judge the living and the dead. It involves a serious attempt to live the Christian life, to love your neighbour, and even your enemy, helping the poor and vulnerable, praying regularly, being consistently present at church worship and so on.  

Christian hymns have always had a fair amount of militant imagery, from ‘Onward Christian Soldiers’ to ‘Fight the Good Fight’, and more contemporary ones about God ‘fighting our battles’. Yet this has always meant a serious fight against enemies within – pride, greed, anger and spiritual lethargy. When it became focussed on human enemies, as it did in the Crusades, a line was crossed from ‘thick’ into ‘thin’ religion. 

It's not always easy to tell the difference between those who adopt thick and thin Christianity. I propose a simple test. If someone advocates Christian values and regularly turns up at church, then they have a legitimate voice, and are worth a hearing. If they turn up weekly to hear the Bible being read, to take part in Holy Communion alongside other people, regardless of their ethnicity, wealth or background, pray regularly, then, we can assume, they are serious about it. They are submitting themselves to the discipline of learning Christian faith, seeking to love their neighbour and trying as hard as they can to love their enemies. They may fail from time to time but these are the signs of someone who has grasped the grace of God which is the heart of Christian faith. Danny Kruger passes that test. Tommy Robinson and Nigel Farage, as far as I know, don’t.  

If some shout loudly about Christian values, about the danger of losing the heritage of our civilization and yet show no interest in going to church, living the Christian life, praying or even trying to love their enemies, then we should take what they say with a large pinch of salt. They have no skin in the game. 

When the heart of Christianity is hollowed out, it becomes moralism. It becomes the law not the gospel, as Martin Luther would say. The cross literally becomes a stick to beat others with. Paradoxically, it is only ‘thick’ religion that ends up founding and changing cultures. Early Christianity, the kind that converted the western world, was definitely ‘thick’ religion. It was not just a badge of identity. It had a whole set of distinct beliefs and practices that marked Christians off from the pagan world around them. It did not set out to advocate for political causes in the power corridors of Rome, build a Christian civilisation, lobby Caesar for ‘Christian laws’. It set out to produce people with ‘a sincere and pure devotion to Christ’ as St Paul put it, loving God, neighbour and enemy. And they changed the world by accident.  

Thin religion is a dangerous thing. It uses religion as a tool for dominance and conflict. It makes sceptics think we need less religion in public life. Thick religion is good religion. It forms good people. It builds healthy societies. It’s the kind we need more of, not less.  

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