Radical Evil On Trial
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Radical Evil On Trial
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Author : Carlos Santiago Nino
language : en
Publisher: Yale University Press
Release Date : 1996-01-01
Radical Evil On Trial written by Carlos Santiago Nino and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with History categories.
Does an emergent democracy have an obligation to prosecute its former dictators for crimes against humanity—for what Arendt and Kant called "radical evil"? What impact will such prosecutions have on the future of democracy? In this book, Carlos Santiago Nino offers a provocative first-hand analysis of developments in Argentina during the 1980s, when a brutal military dictatorship gave way to a democratic government. Nino played a key role in guiding the transition to democracy and in shaping the human rights policies of President Ra�l Alfons�n after the fall of the military junta in 1983. The centerpiece of Alfons�n's human rights program was the trial held in a federal court in Buenos Aires in 1985, which resulted in the convictions of five of the leading members of the junta that ruled the country from 1976 to 1983. Placing the Argentine experience in the context of the war crimes trials at Nuremberg, Tokyo, and elsewhere, Nino examines the broader questions raised by human rights trials. He considers their political repercussions and their potential for strengthening the new democratic government. He explains why prosecutions for human rights violations should be grounded on a theory of the criminal law that emphasizes the preventive rather than retributive functions of punishment. Nino rejects the obligation to punish perpetrators of radical evil and argues instead for a more forward-looking duty—to safeguard democracy. This, he believes, is what ultimately justified the Argentine trials and should be the focus of any international action.
The Disappeared
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Author : Sam Ferguson
language : en
Publisher: U of Nebraska Press
Release Date : 2023
The Disappeared written by Sam Ferguson and has been published by U of Nebraska Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with History categories.
Using an unprecedented human rights trial as its lens, The Disappeared tells the extraordinary saga of Argentina's attempt to prosecute its aging Dirty Warriors a generation after the collapse of its last military regime.
After Evil
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Author : Robert Meister
language : en
Publisher: Columbia University Press
Release Date : 2011-01-05
After Evil written by Robert Meister 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 2011-01-05 with Philosophy categories.
Mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid in ways that put them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward, but the false assumption of closure enables those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends only when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past. Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence that is broken once evil is remembered for what it was. Meister calls out such methods for their deferral of justice and susceptibility to exploitation. Specifically, he spells out the moral logic "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.
History Memory And State Sponsored Violence
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Author : Berber Bevernage
language : en
Publisher: Routledge
Release Date : 2012-11-27
History Memory And State Sponsored Violence written by Berber Bevernage and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-27 with History categories.
Modern historiography embraces the notion that time is irreversible, implying that the past should be imagined as something ‘absent’ or ‘distant.’ Victims of historical injustice, however, in contrast, often claim that the past got ‘stuck’ in the present and that it retains a haunting presence. History, Memory, and State-Sponsored Violence is centered around the provocative thesis that the way one deals with historical injustice and the ethics of history is strongly dependent on the way one conceives of historical time; that the concept of time traditionally used by historians is structurally more compatible with the perpetrators’ than the victims’ point of view. Demonstrating that the claim of victims about the continuing presence of the past should be taken seriously, instead of being treated as merely metaphorical, Berber Bevernage argues that a genuine understanding of the ‘irrevocable’ past demands a radical break with modern historical discourse and the concept of time. By embedding a profound philosophical reflection on the themes of historical time and historical discourse in a concrete series of case studies, this project transcends the traditional divide between ‘empirical’ historiography on the one hand and the so called ‘theoretical’ approaches to history on the other. It also breaks with the conventional ‘analytical’ philosophy of history that has been dominant during the last decades, raising a series of long-neglected ‘big questions’ about the historical condition – questions about historical time, the unity of history, and the ontological status of present and past –programmatically pleading for a new historical ethics.
Political Trials In Theory And History
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Author : Jens Meierhenrich
language : en
Publisher: Cambridge University Press
Release Date : 2016
Political Trials In Theory And History written by Jens Meierhenrich 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 2016 with Law categories.
This book presents an empirically rigorous and theoretically sophisticated account of political trials.
Law In Transition
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Author : Ruth Buchanan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Law In Transition written by Ruth Buchanan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School
Radical Evil
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Author : Joan Copjec
language : en
Publisher: Verso
Release Date : 1996
Radical Evil written by Joan Copjec and has been published by Verso this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Philosophy categories.
Radical Evil, the second volume in the S series, marks the two-hundredth anniversary of the publication of Kant’s Religion without the Limits of Reason Alone, where Kant first proposed, and quickly withdrew in horror, the concept of radical evil—an evil at the very heart of the ethical problematic. It also marks the recent publication in English of Lacan’s Ethics of Psychoanalysis, arguably one of the most important and influential of Lacan’s seminars, in which he discusses the rise since the nineteenth century of a certain ‘happiness in evil’. The events of the twentieth century have made the assertions of both Lacan and Kant credible and concrete—the Holocaust and the attempts to cast doubt on its existence, the rise of racism worldwide, the engagement by philosophers with ethics as critical to relevant issues but without the consideration of the problems which lead Kant to his formation of radical evil. The contributors to this volume were asked to consider radical evil in its philosophical, political and cultural dimensions. What emerges is a clear introduction to the problematic, including discussions of the Holocaust, the placement of homosexuals in concentration camps, the creation of the Machiavellian in politics and literature—a full and fascinating exploration of the radical nature of modern evil.
Rwanda S Gamble
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Author : Peter E. Harrell
language : en
Publisher: iUniverse
Release Date : 2003
Rwanda S Gamble written by Peter E. Harrell and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Gacaca is an innovative form of justice that the Rwandan government will use to try the more than 100,000 participants in the 1994 genocide. Instead of putting suspects before the statutory-law courts that existed prior to 1994, the government is establishing 11,000 popularly-elected tribunals and charging them with the task of investigating and trying crimes that occurred within their territorial jurisdiction. Officials hope that this will help clear the backlog of cases while giving suspects (most of whom have spent nearly a decade in prison without a trial) a chance finally to have their cases heard. This book provides a detailed explanation of how the system will work, from the selection and training of the judges to the basics of courtroom procedure. It also places gacaca in the context of rapidly emerging restorative theories of justice, and argues for gacaca's appropriateness in the Rwandan context. Based on interviews, training manuals, documents never-before-published in the United States, and extensive travels throughout Rwanda, this book is an invaluable introductory guide to gacaca and explains why similar forms of justice should be experimented with elsewhere.
New Critical Spaces In Transitional Justice
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Author : Arnaud K. Kurze
language : en
Publisher: Indiana University Press
Release Date : 2019-01-10
New Critical Spaces In Transitional Justice written by Arnaud K. Kurze and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-10 with Political Science categories.
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
The Psychology Of Genocide Massacres And Extreme Violence
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Author : Donald G. Dutton
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2007-05-30
The Psychology Of Genocide Massacres And Extreme Violence written by Donald G. Dutton and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-30 with Political Science categories.
Chronicling horrific events that brought the 20th century to witness the largest number of systematic slaughters of human beings in any century across history, this work goes beyond historic details and examines contemporary psychological means that leaders use to convince individuals to commit horrific acts in the name of a politial or military cause. Massacres in Nanking, Rwanda, El Salvador, Vietnam, and other countries are reviewed in chilling detail. But the core issue is what psychological forces are behind large- scale killing; what psychology can be used to indoctrinate normal people with a Groupthink that moves individuals to mass murder brutally and without regret, even when the victims are innocent children. Dutton shows us how individuals are convinced to commit such sadistic acts, often preceded by torture, after being indoctrinated with beliefs that the target victims are unjust, inhuman or viral, like a virus that must be destroyed or it will destroy society.