In Dean Spade’s essay, “What’s Wrong With Rights?”, Dean Spade identifies the shortcomings of both current law reforms and shortcomings of hate crime laws. For example, current law reform such as discrimination laws takes into account what is called the perpetrator perspective. This perspective fails to take into account the historical context of discrimination such as racism. Additionally, it seeks out those who are overtly biased rather than those who discriminate due to systemic or institutional systems in place. It fails to take into account daily disparities due to race, class, gender, disabilities, etc. These discrimination laws also increase the idea of colorblindness which does not take into account the systemic issues that shape this discrimination. Spade goes on to argue that the perpetrator perspective creates a false sense that marginalized groups are now equal and will be treated fairly. This does a disservice to the individuals the laws are trying to protect.
Spade goes on to highlight the shortcomings of hate crime laws. Hate crime laws oversimplify the issue and have no deterrent effects on criminals who commit the crimes against marginalized groups. Spade goes on to argue that people do not read law books and choose not to engage in bias motivated violence before committing a crime just because it carries a harsher sentence. Therefore, these laws do not increase the life chances of the people they aim to protect. Further, hate crime laws strengthen and legitimize the criminals that target the individuals and communities that these laws are made to protect.
Citations
Dean Spade, Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law (Durham and London: Duke University Press, 2015), selected pages.