(Pix © Larry Catá Backer 2015)
I have been suggesting the way in which state protection of religion against insult or incitement can contribute significantly to societal norms in which offenses against religion might itself be viewed as enough to insulate people from the legal effects of killing (
Ruminations 57: On Hacking Bloggers to Death in Bangladesh and the Price of Insulting Religion). I have posited that while the state, through its law, might have little effect on the structures and belief systems expressed through societal norms, especially those rooted in old religions institutionally supported and elaborated through autonomous rule structures, the state can, through its laws, signal that it might turn a blind eye toward the substitution of societal norms for those of formal law, even constitutional law. Thus law can
activate societal norms (including norms condoning the killing of heretics and those giving offense to religion), "its centrality for individuals and their willingness to give it expression vary with social and political conditions." (Daniel Jonah Goldhagen,
Hitler's Willing Executioners: Ordinary Germans and the Holocaust (NY Vintage Books 1997), p. 45).
But the effects of legal structures grounded in insult and offense might amplify societal norm structures in other areas as well. This is especially the case where either the state apparatus, its governmental structures, or its societal structures tend toward authoritarianism. In those instances offense serves as a proxy for a direct attack on the legitimacy of the governmental, religious or societal structures, rules, privileges or organization that is protected by rules against offense. In effect, offense and incitement serves as an approximation of sedition, or at its extreme, of treason--both traditionally capital offenses.
We speak not just to the protections of religion against treasonous speech to speech acts. This pattern extends to all aspects of importance to a society's life and self understanding. One of the most important is sport. Sport provides one of the few venues where people can congregate and where emotions may be manifested. It is not surprising, then, that the passions that is poured into sport may well be directed toward a more overtly political agenda. It comes as no surprise, then, that a blogger was recently beaten to death in Azerbaijan for insulting a popular Azerbaijani footballer (
Azerbaijan journalist dies after beating by football fans, BBC News, Aug. 10, 2015).