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." 

Join with us - Behind the Seen

Seen & Unseen is free for everyone and is made possible through the generosity of our amazing community of supporters.

If you’re enjoying Seen & Unseen, would you consider making a gift towards our work?

Alongside other benefits (book discounts etc.), you’ll receive an extra fortnightly email from me sharing what I’m reading and my reflections on the ideas that are shaping our times.

Graham Tomlin

Editor-in-Chief

Article
Belief
Church and state
Comment
Nationalism
Politics
5 min read

Sorry, Danny Kruger, a Christian nation is a bad idea

Quite simply you cannot build a nation-state on the teaching of Jesus

Sam Tomlin is a Salvation Army officer, leading a local church in Liverpool where he lives with his wife and children.

An English flag flies on a church tower.
Different Resonance on Unsplash.

Danny Kruger has become one of my favourite politicians in recent months. His contributions in parliamentary debates on assisted suicide and abortion have endeared him to many Christians including myself as he has led the charge (along with other notable parliamentarians and thought leaders) against what has been dubbed the ‘parliament of death,’ exposing the shaky ethical foundations on which they lie. 

He entrenched this reputation with many Christians with a recent speech on the ‘Christian foundations’ of England (‘out of which the United Kingdom grew’) and a passionate plea to recover such foundations. This speech went viral in Christian circles as it articulated the aspirations of many to re-establish Christianity as a national force, specifically in the physical representation of power, the House of Commons. The speech ticked all of the ‘Christian nationalist’ boxes: Christianity should be the ‘common creed’ of the country; England was founded ‘uniquely among the nations’ on ‘the basis of the Bible’; it is the ‘oldest Christian country’; ‘the story of England is the story of Christianity operating on a people.’ A remarkable set of claims to make the butterflies flutter in any Christian’s stomach, surely? 

This vision of a ‘Christian nation,’ however, typically represented by Kruger is based on an understanding of Christianity which bears little resemblance to its central character: Jesus. There is much talk of ‘nationhood’ and ‘biblical values’ in such thinking, but tellingly little about Jesus himself (Kruger’s speech makes one passing reference to him). The reason is not complicated. Quite simply you cannot build a nation-state on the teaching of Jesus. 

Every nation-state (including England, the ‘prototype’ of such a concept, according to Kruger) was formed though violent subjugation of rival tribes and narratives, establishing a monopoly on the means of legitimate violence to centralise power for princes to wage war and protect private property. Jesus’ commands to love one’s enemies, pray for those who persecute you, not resist evildoers and give away possessions are not simply an inconvenience to such a programme, but are profoundly impractical. Like an embarrassing and awkward family member turning up uninvited to a wedding, they stand opposed to a ‘civilisational Christianity’ which seeks to be the ‘chaplain of nations’ as Kruger suggests, resisting any attempt at baptising and polishing a version of what remains Machiavellian statecraft. 

These two forms of Christianity are in fact little more than two sides of the same coin and there is a more fundamental distinction to be made. 

Like a cricketer putting on extra padding to face a fast bowler, Christian ethics softens the blow of such radical expectations by suggesting that Jesus can’t really have meant what he said, especially for modern, enlightened folk today. Perhaps Jesus expected the Kingdom of God to arrive more quickly than it did and as time progressed, we needed a more practical ethic. Not wanting to abandon Jesus, his teaching is reduced to general ‘values’ like ‘love’ or ‘justice,’ the content of which in fact become the precise opposite of what Jesus taught. ‘Jesus may have said to love enemies, but we will be less safe if we do, so we had better kill them.’ ‘Jesus may have said not to love money, but our economic systems which seem quite good at alleviating poverty rely on this, so greed isn’t so bad.’ 

It may sound as if I am opposing Kruger’s vison for the alternative option in the culture wars. It is often suggested that there are two ‘Christianities’ at work in the West: one represented by Kruger might be called the ‘Christian right,’ which emphasises family values, patriotism and the importance of place, the other (at which Kruger takes aim in his speech), a left-wing or ‘woke’ Christianity which stresses welcoming the stranger, economic justice and identity politics. 

This is a red herring, however. These two forms of Christianity are in fact little more than two sides of the same coin and there is a more fundamental distinction to be made. For while they might disagree on content, the method is remarkably similar. Left-leaning Christians may disagree with Kruger on his definition of a Christian nation but would uphold the desire for the nation-state to be founded on values they consider Christian. The common assumption is that Christianity is a ‘civilisational’ force, ideally enacted by Christians and their narrative taking hold of the levers of power and influence and dominating the ‘public square.’ 

If Jesus’ teaching is not supposed to be embodied by the nation-state, however, what is its purpose and does this not leave the public square to malevolent forces, as Kruger suggests? Jesus’ teaching is indeed directed at a particular body of people who are supposed to embody it publicly, and that is the community explicitly committed to follow and structure social life around the living presence of Jesus; this is the church. The New Testament even suggests the language of nationhood is appropriate for this body as a new nation is being formed around the person of Jesus who commands the allegiance that modern nation-states claim for themselves. 

Kruger’s vision of the Church of England’s parish system is where ‘we are all members, we all belong, even if you never set foot in your church from one year to the next, even if you don’t believe in its teachings, it is your church, and you are its member.’ This is a million miles away from the vision of the New Testament where entry into this newly formed community implies active repentance and a collision with the ways of the world represented by mere ‘values.’ If that makes me part of ‘another eccentric denomination’ according to Kruger, then so be it. 

To suggest that this alternative vision cedes the ‘public square’ to malevolent forces also betrays a lack of imagination around the public nature of the church. It is assumed that if Christians retreat from the ambition to explicitly and directly make our nation-state Christian then we relegate our religion to the realm of the ‘private’ and succumb to the worst elements of Enlightenment fears about religion in the public square. The earliest Christians had no explicit desire to ‘transform the Roman empire and make it Christian’ but simply took Jesus at his word on wealth, forgiveness, welcome of the stranger and proclamation of salvation and the life made possible by Jesus’ death and resurrection. This was their public witness and it just so happened that it utterly transformed the communities in which these followers of Jesus were situated at the same time. This vision certainly has a place for Christians engaging in politics as Kruger has in debates on assisted suicide for instance, exposing the shaky foundations of any form of life not founded on the life made possible in Jesus. This is most appropriately done, however, without reaching for language that implied the state has salvific qualities, language Christian teaching rightly reserves only for God himself. 

Support Seen & Unseen

Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?
 
Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

Graham Tomlin
Editor-in-Chief