Criminal Justice Act, 1994, Section 5, offensive conduct, and multiculturalism.

Muhammed_1

As per this link.
http://www.irishstatutebook.ie/eli/1994/act/2/section/5/enacted/en/html

the law states as follows.

statute book wrote:

5.—(1) It shall be an offence for any person in a public place to engage in offensive conduct—

(a) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

(b) at any other time, after having been requested by a member of the Garda Síochána to desist.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

(3) In this section “offensive conduct” means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

Please note the line 'In this section “offensive conduct” means any unreasonable behaviour...'


How does this work with multiculturalism and in societies where people have very different opinions as to what is normal and acceptable in our society?

I'll use the example of same sex partners holding hands or perhaps even kissing in public.


That act is definitely annoying or offensive to some peoples or cultures. I am mainly thinking of religious objections.

If adherents to a particular faith have a particular problem with same sex displays of affection in public can they seek to have charges brought under this section?

If not, why not?

Because in Ireland we accept such behaviour?

But the law doesn't say anything like that.


The law says that the offensive behaviour must be likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

I think the phrase 'any person' in the above could be replaced with the phrase 'every person' or 'nearly every person' and the meaning would be clearer.

In other words, if a single unreasonable bigot is offended by a particular behaviour it doesn't really matter what he thinks and charges won't be brought.


The problem here is what happens with multiculturalism.


What happens when a section of your society is genuinely offended by a behaviour which is accepted by a majority.

Must that minority population simple accept that they are to be offended on a constant basis and there's nothing they can do about it?



It cannot be said that their offence is not genuine. They have strong faith in their religion and their religion bans the offending behaviour.


How can this problem be solved?

My opinion is that multiculturalism doesn't work, and mostly for this reason; that different cultures have widely different and arbitrary opinions as to what is acceptable and as to what is not.

How can these differences ever be resolved?

How does the DPP choose between what is offensive behaviour and what is not?

Grolschevik

Not a legal perspective, but this is a perennial debate within liberal political theory.

Most attempts to answer it are based in the argument that, if you live in a society that is based on liberal values, then those values -- such as tolerance and so on -- must be held to trump any personal values.

Essentially, it's an argument that, even if you're a rabid religious fundamentalist, that rabid fundamentalism should only be expressed within the overarching framework of liberal values.

For many reasons, this doesn't really work in real life!

(Essentially, this issue is an extension of Mill's 'harm principle', and a recent well-known treatment of it would be in Rawls' 'Political Liberalism', a deeply unsatisfactory book!)

Muhammed_1

In a tolerant society we shouldn't tolerate intolerance.

If we do, our society is no longer tolerant.

In modern so called tolerant societies we do tolerate intolerance and bigotry, especially religious bigotry.

Why do we do so?
Cowardice?
Appeasement?


I think multiculturalism doesn't work for these reasons. Cultures are arbitrary and often there is no common ground.


I am genuinely seriously annoyed, perhaps even seriously offended, by seeing women enslaved in our society. They are enslaved by clothing and by being forced to walk several paces behind their men folk.


Can charges be brought against minority members of our society if they enslave their womenfolk using oppressive clothing, and by so doing, offend Irish sensibilities?

Who decides on these issues?
How do they decide?

Pat Mustard

Troll thread closed.