Download or read book Radical Evil on Trial written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Justice on Trial Radical Solutions for a System at Breaking Point written by Chris Daw and published by Bloomsbury Publishing. This book was released on 2021-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book After Evil written by Robert Meister and published by Columbia University Press. This book was released on 2011 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends 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, broken only once evil is remembered for what it was. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.
Download or read book The Disappeared written by Sam Ferguson and published by U of Nebraska Press. This book was released on 2023 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Eichmann in Jerusalem written by Hannah Arendt and published by Penguin. This book was released on 2006-09-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversial journalistic analysis of the mentality that fostered the Holocaust, from the author of The Origins of Totalitarianism Sparking a flurry of heated debate, Hannah Arendt’s authoritative and stunning report on the trial of German Nazi leader Adolf Eichmann first appeared as a series of articles in The New Yorker in 1963. This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling (and unsettled) issues of the twentieth century.
Download or read book Radical Evil written by Joan Copjec and published by Verso. This book was released on 1996 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Radical Evil written by Joan Copjec and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Responsibility and Judgment written by Hannah Arendt and published by Schocken. This book was released on 2009-04-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each of the books that Hannah Arendt published in her lifetime was unique, and to this day each continues to provoke fresh thought and interpretations. This was never more true than for Eichmann in Jerusalem, her account of the trial of Adolf Eichmann, where she first used the phrase “the banality of evil.” Her consternation over how a man who was neither a monster nor a demon could nevertheless be an agent of the most extreme evil evoked derision, outrage, and misunderstanding. The firestorm of controversy prompted Arendt to readdress fundamental questions and concerns about the nature of evil and the making of moral choices. Responsibility and Judgment gathers together unpublished writings from the last decade of Arendt’s life, as she struggled to explicate the meaning of Eichmann in Jerusalem. At the heart of this book is a profound ethical investigation, “Some Questions of Moral Philosophy”; in it Arendt confronts the inadequacy of traditional moral “truths” as standards to judge what we are capable of doing, and she examines anew our ability to distinguish good from evil and right from wrong. We see how Arendt comes to understand that alongside the radical evil she had addressed in earlier analyses of totalitarianism, there exists a more pernicious evil, independent of political ideology, whose execution is limitless when the perpetrator feels no remorse and can forget his acts as soon as they are committed. Responsibility and Judgment is an essential work for understanding Arendt’s conception of morality; it is also an indispensable investigation into some of the most troubling and important issues of our time.
Download or read book Eichmann in Jerusalem written by Hannah Arendt and published by Topeka Bindery. This book was released on 1963 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hannah Arendts authoritative report on the trial of Nazi leader Adolf Eichmann includes further factual material that came to light after the trial, as well as Arendts postscript directly addressing the controversy that arose over her account.
Download or read book The Trial written by Sadakat Kadri and published by Random House. This book was released on 2007-12-18 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
Download or read book Giving evil its due written by Johnathan Irving Kelly and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Secession on Trial written by Cynthia Nicoletti and published by Cambridge University Press. This book was released on 2017-10-19 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.
Download or read book Why Punish How Much written by Michael H. Tonry and published by . This book was released on 2011 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.
Download or read book Putting Trials on Trial written by Elaine Craig and published by McGill-Queen's Press - MQUP. This book was released on 2018-02-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
Download or read book Atrocities on Trial written by Patricia Heberer and published by U of Nebraska Press. This book was released on 2008-04-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.
Download or read book Law in Transition written by Ruth Buchanan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Eichmann Before Jerusalem written by Bettina Stangneth and published by Vintage. This book was released on 2014-09-02 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: A total and groundbreaking reassessment of the life of Adolf Eichmann—a superb work of scholarship that reveals his activities and notoriety among a global network of National Socialists following the collapse of the Third Reich and that permanently challenges Hannah Arendt’s notion of the “banality of evil.” Smuggled out of Europe after the collapse of Germany, Eichmann managed to live a peaceful and active exile in Argentina for years before his capture by the Mossad. Though once widely known by nicknames such as “Manager of the Holocaust,” in 1961 he was able to portray himself, from the defendant’s box in Jerusalem, as an overworked bureaucrat following orders—no more, he said, than “just a small cog in Adolf Hitler’s extermination machine.” How was this carefully crafted obfuscation possible? How did a central architect of the Final Solution manage to disappear? And what had he done with his time while in hiding? Bettina Stangneth, the first to comprehensively analyze more than 1,300 pages of Eichmann’s own recently discovered written notes— as well as seventy-three extensive audio reel recordings of a crowded Nazi salon held weekly during the 1950s in a popular district of Buenos Aires—draws a chilling portrait, not of a reclusive, taciturn war criminal on the run, but of a highly skilled social manipulator with an inexhaustible ability to reinvent himself, an unrepentant murderer eager for acolytes with whom to discuss past glories while vigorously planning future goals with other like-minded fugitives. A work that continues to garner immense international attention and acclaim, Eichmann Before Jerusalem maps out the astonishing links between innumerable past Nazis—from ace Luftwaffe pilots to SS henchmen—both in exile and in Germany, and reconstructs in detail the postwar life of one of the Holocaust’s principal organizers as no other book has done
