Negative Emotions And Transitional Justice
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Negative Emotions And Transitional Justice
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Author : Mihaela Mihai
language : en
Publisher: Columbia University Press
Release Date : 2016-03-22
Negative Emotions And Transitional Justice written by Mihaela Mihai and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-22 with Philosophy categories.
Vehement resentment and indignation are pervasive in societies emerging from dictatorship or civil conflict. How can institutions channel these emotions without undermining the prospects for democracy? Emphasizing the need to recognize and constructively engage negative public emotions, Mihaela Mihai contributes theoretically and practically to the growing field of transitional justice. Drawing on an extensive philosophical literature and case studies of democratic transitions in South Africa, South America, and Eastern Europe, her book rescues negative emotions from their bad reputation and highlights the obstacles and the opportunities such emotions create for democracy. By valorizing negative emotions, either through the judicial review of transitional justice bills or the criminal trials of victimizers, institutions realize the value of respect and concern for all while contributing to a culture that is hospitable to democracy.
Transitional Justice And The Quest For Democracy
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Author : Mihaela Mihai
language : en
Publisher:
Release Date : 2010
Transitional Justice And The Quest For Democracy written by Mihaela Mihai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The overall purpose of the dissertation is to make a contribution to a political theory of democratic transformations by drawing attention to one of the less theorised dimensions of a polity's public culture: public affect. More precisely, I deal with the role that institutions in general and courts in particular can play in the education of public moral sentiments within transitional justice processes. A cognitive constructivist approach to emotions provides the background for my attempt to show, first, the legitimacy of negative public emotions of resentment and indignation in the aftermath of violence, and second, their positive potential for the reproductive efforts of the democratic community. These affects are barometers of injustice and can act as signals of alarm for institutions to intervene correctively. As such, they bear normative weight and should be a proper object of concern for any society attempting to make the transition to democracy; however, left unfiltered and unmediated institutionally, they can either degenerate into political cynicism and apathy, or be expressed in ways that are incompatible with the democratic value of equal concern and respect for all citizens. I argue that courts dealing with transitional justice issues can recognise, engage constructively, and fructify negative moral emotions for democracy. The exemplarity of judicial reflective judgment--both in the context of constitutional review of transitional justice bills and of criminal trials--can inspire citizens to reflect on what they want to do in the name of their violated sense of justice and encourage them to internalise democratic norms of social interaction. A series of case studies from the twentieth and twenty-first centuries are used to illustrate how the judiciary has historically chosen to engage negative emotions in the aftermath of oppression and violence.
Transitional Justice
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Author : American Society for Political and Legal Philosophy. Meeting
language : en
Publisher: NYU Press
Release Date : 2012-05-28
Transitional Justice written by American Society for Political and Legal Philosophy. Meeting and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-28 with Law categories.
"This volume ... arose out of the papers and commentaries presented at the annual meeting of the American Society for Legal and Political Philosophy in conjunction with the American Political Science Association meetings in Washington, D.C., in September 2005"--Preface.
Transitional Justice And The Historical Abuses Of Church And State
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Author : James Gallen
language : en
Publisher: Cambridge University Press
Release Date : 2023-04-30
Transitional Justice And The Historical Abuses Of Church And State written by James Gallen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-30 with Law categories.
Interrogates the role of power and emotions in the responses of Western States and churches to their historical abuses.
Institutional Transformations
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Author : Danielle Celermajer
language : en
Publisher: Routledge
Release Date : 2021-05-14
Institutional Transformations written by Danielle Celermajer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-14 with Political Science categories.
Formal and informal institutions structure our social interactions by giving rise to normative expectations and patterns of collective behaviour. This collection grapples with how affect, imagination, and embodiment can operate to either constrain or enable the justice of institutions and the experiences of specific social identities. This anthology explores the myriad ways institutions work to systematically disadvantage people with particular identities whilst privileging others, and considers the legal, political, and normative interventions that might serve to promote a more just society. Taken together, the chapters represent the scope of existing research within institutional theory, affect theory, race theory, and theories of social imaginaries. Across a range of topics (human rights, racial and sexual violence, transitional justice and democratic movements) this collection critically assesses the extent to which theorists have attended to the conjoined influence of the imagination, embodiment, and affective phenomena on processes of institutional change that aim to achieve social justice. The chapters in this book were originally published as a special issue of the journal, Angelaki.
Anger And Forgiveness
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Author : Martha C. Nussbaum
language : en
Publisher: Oxford University Press
Release Date : 2016-04-01
Anger And Forgiveness written by Martha C. Nussbaum and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Philosophy categories.
Anger is not just ubiquitous, it is also popular. Many people think it is impossible to care sufficiently for justice without anger at injustice. Many believe that it is impossible for individuals to vindicate their own self-respect or to move beyond an injury without anger. To not feel anger in those cases would be considered suspect. Is this how we should think about anger, or is anger above all a disease, deforming both the personal and the political? In this wide-ranging book, Martha C. Nussbaum, one of our leading public intellectuals, argues that anger is conceptually confused and normatively pernicious. It assumes that the suffering of the wrongdoer restores the thing that was damaged, and it betrays an all-too-lively interest in relative status and humiliation. Studying anger in intimate relationships, casual daily interactions, the workplace, the criminal justice system, and movements for social transformation, Nussbaum shows that anger's core ideas are both infantile and harmful. Is forgiveness the best way of transcending anger? Nussbaum examines different conceptions of this much-sentimentalized notion, both in the Jewish and Christian traditions and in secular morality. Some forms of forgiveness are ethically promising, she claims, but others are subtle allies of retribution: those that exact a performance of contrition and abasement as a condition of waiving angry feelings. In general, she argues, a spirit of generosity (combined, in some cases, with a reliance on impartial welfare-oriented legal institutions) is the best way to respond to injury. Applied to the personal and the political realms, Nussbaum's profoundly insightful and erudite view of anger and forgiveness puts both in a startling new light.
Transitional Justice And The Prosecution Of Political Leaders In The Arab Region
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Author : Noha Aboueldahab
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
Transitional Justice And The Prosecution Of Political Leaders In The Arab Region written by Noha Aboueldahab and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
The Dark Side Philosophical Reflections On The Negative Emotions
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Author : Paola Giacomoni
language : en
Publisher: Springer Nature
Release Date : 2021-04-02
The Dark Side Philosophical Reflections On The Negative Emotions written by Paola Giacomoni and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-02 with Philosophy categories.
This book takes the reader on a philosophical quest to understand the dark side of emotions. The chapters are devoted to the analysis of negative emotions and are organized in a historical manner, spanning the period from ancient Greece to the present time. Each chapter addresses analytical questions about specific emotions generally considered to be unfavorable and classified as negative. The general aim of the volume is to describe the polymorphous and context-sensitive nature of negative emotions as well as changes in the ways people have interpreted these emotions across different epochs. The editors speak of ‘the dark side of the emotions’ because their goal is to capture the ambivalent – unstable and shadowy – aspects of emotions. A number of studies have taken the categorial distinction between positive and negative emotions for granted, suggesting that negative emotions are especially significant for our psychological experience because they signal difficult situations. For this reason, the editors stress the importance of raising analytical questions about the valence of particular emotions and focussing on the features that make these emotions ambivalent: how – despite their negativity – such emotions may turn out to be positive. This opens up a perspective in which each emotion can be understood as a complex interlacing of negative and positive properties. The collection presents a thoughtful dialogue between philosophy and contemporary scientific research. It offers the reader insight by illuminating the dark side of the emotions.
Theorizing Transitional Justice
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Author : Claudio Corradetti
language : en
Publisher: Routledge
Release Date : 2016-02-17
Theorizing Transitional Justice written by Claudio Corradetti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.
Diaspora Mobilizations For Transitional Justice
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Author : Maria Koinova
language : en
Publisher: Routledge
Release Date : 2020-12-17
Diaspora Mobilizations For Transitional Justice written by Maria Koinova and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Political Science categories.
Transitional justice and diaspora studies are interdisciplinary and expanding fields of study. Finding the right combination of mechanisms to forward transitional justice in post-conflict societies is an ongoing challenge for states and affected populations. Diasporas, as non-state actors with increased agency in homelands, host-lands, and other global locations, engage with their past from a distance, but their actions are little understood. Diaspora Mobilizations for Transitional Justice develops a novel framework to demonstrate how diasporas connect with local actors in transitional justice processes through a variety of mechanisms and their underlying analytical rationales—emotional, cognitive, symbolic/value-based, strategic, and networks-based. Mechanisms featured here are: thin sympathetic response and chosen trauma, fear and hope, contact and framing, cooperation and coalition-building, brokerage, patronage, and connective action, among others. The contributors discuss the role of diasporas in truth commissions, memorialization, recognition of genocides and other human rights atrocities, as well as their abilities to affect transitional justice from afar by holding particular attitudes, or upon return temporarily or for good. This book sheds light on how diasporas’ contextual embeddedness shapes their mobilization strategies, and features empirical evidence from Europe, United States and Canada, as well as from conflict and postconflict polities in the Balkans, Middle East, Eurasia and Latin America. It was originally published as a special issue of Ethnic and Racial Studies.