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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
Comment
Language
Politics
5 min read

Our public discourse needs responsible rhetoric before it is too late

The right turn of phrase can turn a nation, the wrong one can destroy

Tom has a PhD in Theology and works as a hospital physician.

A crowd of people stand in the side steps of the Lincoln Memorial
Easter services, Lincoln Memorial.
George Pflueger, via Unspash.

When was the last time a brilliant piece of rhetoric made the headlines? 

“Empty rhetoric.”  

“Form over function.”  

“Sloganeering.” 

These—and other accolades—are stock trade when it comes to the art of denouncing public discourse. Red flags are rightly waved in the face of baseless claims and insincere promises. Scroll through a news reel; open a newspaper: language far stronger in style than in substance is not hard to find. 

Nowadays we are sensitive to these kinds of abuses of public platforms. When Donald Trump speaks of the ‘Great Big Beautiful Bill’ or Elon Musk of the ‘Big Ugly Bill’ we know the cogs at BBC Verify are likely to be turning. Fact-checking is an established trade.  

Sometimes political turns of phrase are just careless, inadequately thought through. Granted, a politician’s public address is often put together at a pace. Time is so remarkably tight that phrasing and formulations are not interrogated as fully as they might be. (Krish Kandiah recently picked up the Prime Minister’s “island of strangers” line and its unfortunate resonance) 

But of course, the critiques I’ve listed above are themselves sharply rhetorical. They are punchy. Not drawn-out logical deductions. They aim to make us sit upright and win us over. Or move us to a course of action. 

So: is rhetoric the problem? No. Its misuse is the problem. This isn’t always clear. And it’s the reason why simply decrying “rhetoric” won’t get us very far.  

I am sympathetic to the suspicion. When efficiency and pragmatism tower high among the canons of public discourse, it is easier to trade in polarising x versus y expressions. Being guarded in the face of such potent idiom is understandable.  

And yet the most remarkable public discourses in human history have been rich in rhetoric.  

Martin Luther King at the Lincoln Memorial: “I have a dream.”  

Churchill in the House of Commons: “we shall fight them on the beaches.”  

Lincoln’s Gettysburg address: “government of the people, by the people, for the people.”  

All these speakers knew that bare understanding doesn’t typically move people to action. An impassioned speech, a plea to respond, or beautifully woven prose often serve as the tipping point for social engagement. 

Which leads me to wonder, what if a suspicion of smart speech-making ends up stunting social engagement, rather than fostering it? Perhaps political discourse today has gone too far; perhaps rhetoric is beyond repair. And yet: abuse doesn’t mean there isn’t proper use. There is a better way.

When persuasive powers are uncoupled from sound argument, then rhetoric obscures understanding and has become irresponsible. 

In the classical era, training in rhetoric was a prominent feature of an education. You might say it was the way to avoid the charge: “All substance, no style”. It was about turning a sound argument into an art form. For Aristotle, rhetoric was about making use of the tools of persuasion—substance with style. But skill in persuasion was not a virtue of itself; it never stood alone. As Roger Standing has reminded us, “the function of rhetorical skills was not to persuade in and of themselves.” Indeed, training in rhetoric was training in responsibility.  

In his classic 1950s text Ethics of Rhetoric, Richard Weaver put his finger on this. He highlighted that “rhetoric passes from mere scientific demonstration of an idea to its relation to prudential conduct.” True rhetoric, then, is this: the art of lighting up the path that leads from sound logic to good action

Today, it seems that when it comes to the rules of rhetoric, communicators are answerable to polls and popularity. These ends justify the means, which makes fancy formulations fair game. If style secures votes, then it’s a good job done. But this means the communicator has no real accountability for his or her language. Pragmatism is in the driving seat. In a sense, responsibility has been handed over to the hearer.  

This is problematic. When persuasive powers are uncoupled from sound argument, then rhetoric obscures understanding and has become irresponsible. Language is no longer illuminating, but misleading. It is trading on falsehood, or perhaps half-truths, instead of magnifying what is true for the sake of what is good. 

Take an example. In the recent parliamentary debate over amendments to the assisted dying bill, the proceedings opened with the claim that “if we do not vote to change the law, we are essentially saying that the status quo is acceptable.” I don’t for a moment doubt the good intent in this claim—securing the most compassionate care possible for terminally ill adults. But let it be said: no, those who do not advocate assisted dying are not “essentially” saying this. This claim is a non sequitur: the conclusion does not follow the premise. It is logically unsound. 

Like many tools, the art of persuasion can be wielded carelessly; sometimes maliciously. But rhetoric-free public discourse would make for a colourless and lifeless thing indeed. What we need now is rhetoric that is responsible—responsible to what is true and responsible to good outcomes. These should not be split; as soon as they are, speech-making becomes sterile or hollow. I recently heard the neat phrase: “Some people reach your mind by going through the heart, and some people reach your heart by going through your mind.” Yes, as the Christian faith has always maintained: mind and heart belong together. Give us words that awaken both, like those once spoken by that obscure wandering rabbi, Jesus of Nazareth, in one of the most studied and penetrating speeches in human history:  

Blessed are the poor in spirit, for theirs is the kingdom of heaven. 

Blessed are those who mourn, for they will be comforted. 

Blessed are the meek, for they will inherit the earth. 

Blessed are those who hunger and thirst for righteousness, for they will be filled. 

I pray for public discourse brimming with both substance and style. It might help lead us to better things. 

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