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
Awe and wonder
Comment
Holidays/vacations
Monastic life
Psychology
5 min read

You can find the awesome in the everyday not just on holiday

The sources of awe are not scarce, but we do overlook them
A colourful street food van
Awesome in Singapore.
Swaroop Satheesh on Unsplash.

Are you starting to think about holidays? Have you heard yourself trotting forth the old clichés?  

“We’re looking forward to getting away from it all.”  

“We’re planning something special to take us out of ourselves.”  

“Well, it might not be that relaxing with the *kids/dogs/relatives* – but a change is as good as a rest!”  

Even if going for the budget-friendly ‘staycation’ this year, there is something about stepping out of our everyday busyness and chores that we find distinctly appealing. We hope that a change of routine, if not a change of place, will afford us some kind of renewal. On holiday we are freed to move to the edges of our lives, even if we can’t escape them entirely, and gain the view from the terrace over the box-hedge-maze of all things quotidian.    

But would it help us to visit that terrace a bit more often? This has long been the recommendation of scientists, poets and prophets alike. Most recently, a 2025 study from Yale University researched experiences of “awe” in the everyday. They recruited Long Covid patients and instructed them over a three-month period to slow down several times a day, paying attention to something that they valued or found amazing, whilst breathing and noticing any tangible responses or reactions in their body. The researchers called this process “awe”: Attention, Wait and Exhale. Amongst the participants in the study, the practice of AWE induced a measurable improvement in mental health.  

Of course, there have always been people who pause multiple times per day to turn their thoughts away from the mundane. In the Sixth Century, an Italian monk known as Benedict devised a “rule” for those living the monastic life, wherein brothers were required to pause for prayer eight times in every 24 hours – including in the middle of the night! This connected the members of the order not only with God but also with each other. Even if a brother found himself temporarily outside the cloister, going on a journey or working with the poor in the wider community, he was still expected to “join” his community in prayer at the regular hours, stopping whatever he was doing to pray in solidarity.  

There are still Benedictine orders today, and others who seek to “pray the hours” based on brother Benedict’s rule. But for most of us, our lives are far from this monastic ideal of community and regularity, even if we do practise the Christian faith. Within a busy schedule, stopping once or twice per day to pray can be a challenge, let alone eight times and regardless of convenience! No matter how much the scientists tell us that it will lift our spirits and do us good, such timefulness is the medicine that the modern life denies. But perhaps this is where the poets can supply deficiencies?  

In her great work, Aurora Leigh, Elizabeth Barrett Browning once wrote: 

“Earth’s crammed with heaven, 
And every common bush afire with God; 
But only he who sees takes off his shoes— 
The rest sit round and pluck blackberries.” 

It’s a brilliant reminder that sources of awe are not scarce, even if we are prone to overlooking them. In speaking of “he who sees” Browning suggests that there are some people who see the world in a way that anticipates moments of wonder, and that such people are willing to “take off their shoes”. This is an allusion to the story of Moses in the Bible, who, when he encounters the miraculous mystery of the burning bush in the desert, is commanded by God to take off his shoes because the ordinary desert has now become sacred and holy ground – a place of awesome encounter.  

Perhaps we should take our cue from brother Benedict, and simply stop and kneel where we are, by the side of the path, in amongst the box-hedge.

This type of atunement is available to any of us, no matter how full the schedule. Even as I write – and you read – this article right now, any of us might pause to take in our surroundings and be able to find something to value and find amazing, a little bit of heaven crammed into earth. It might be a large thing, like the view from the window, or small thing, like the curling steam rising from a cup of coffee on the desk. Anything can become meaningful if we choose to observe its meaning; anywhere can become holy ground if we make it a place of encounter with all that is awe-inspiring and that transcends our daily lives.  

What stops us, I wonder? Is it that for me writing this article, and for you reading it, this is just another task that we feel we must finish so that we can hurry along to finishing something else? We must keep pressing on, threading our way through the box-hedge-maze today, because the time for visiting the terrace is not now, it’s later – in a few weeks’ time, when the schools break up and we can finally “get away from it all”. 

Perhaps we should take our cue from brother Benedict, and simply stop and kneel where we are, by the side of the path, in amongst the box-hedge. If we look closely, we might even notice that it is made up of a thousand million tiny leaves, each with its own little leafy life to live, each patterned with tiny, intricate veins. Beautiful, and for no obvious reason. Most people will never notice this – but we have seen it now. In the middle of all things quotidian, here is a common bush, and it is afire with God. There is nothing to stop us noticing this, and when we have done so, we can get up, take off our shoes, and continue to walk.

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