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‘Free speech is a facade’: how Gaza war has deepened divisions in German arts world (www.theguardian.com)

submitted 7 months ago by [email protected] to c/[email protected]

81 comments fedilink hide all child comments

Less than 10 years ago, Germany, and especially Berlin, was held up as a beacon of openness and inclusivity in a western world rocked by Brexit and Donald Trump. Angela Merkel’s decision to take in thousands of refugees displaced by the war in Syria boosted her country’s reputation in progressive circles, with many international artists and academics choosing to make the German capital their new home.

Yet the conflict in the Middle East is showing Germany in a new light, highlighting fissures in society and the arts world that until now had been easier to ignore.

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[–] [email protected] 30 points 7 months ago (4 children)

If they beat up someone, they should be charged with the crime they did. Why do new crimes need to be invented?

[–] [email protected] 4 points 7 months ago

Criminal prosecution is not done by universities so if universities want to act on this they need a different legal basis for that.

[–] [email protected] 3 points 7 months ago

Why do new crimes need to be invented?

This is not at all what they are saying. Such a new law would not introduce a new crime, but be an amendment to the university's rules so that they are allowed to expel students who committed certain crimes before.

[–] [email protected] 2 points 7 months ago (1 children)

Maybe more than a new crime it should be an aggravating circumstance. Beating someone for some petty reason and beating someone for political/religoius reasons are different in gravity.

[–] [email protected] 6 points 7 months ago

It already is apparently: https://en.wikipedia.org/wiki/Hate_crime#Germany

The German Criminal Code does not have hate crime legislation, instead, it criminalizes hate speech under a number of different laws, including Volksverhetzung. In the German legal framework motivation is not taken into account while identifying the element of the offence. However, within the sentencing procedure the judge can define certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motives and aims of the perpetrator; the state of mind reflected in the act and the willfulness involved in its commission"[44] can be taken into consideration when determining the punishment; under this statute, hate and bias have been taken into consideration in sentencing in past cases.[45]

[–] [email protected] 1 points 7 months ago

Because a hate crime is different offence from a "normal" crime, duh