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Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.
These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice.
1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.
"Previously published as El tiempo como pena, Campomanes, Buenos Aires, 2001."
Following Heidegger's interpretation of the history of philosophy, Gianni Vattimo outlines the existential ontological conditions of aesthetics, paying particular attention to the works of Kandinsky, which reaffirm the ontological implications of art. Vattimo then builds on Hans-Georg Gadamer's theory of aesthetics and provides an alternative to a rationalistic-positivistic criticism of art. This is the heart of Vattimo's argument, and with it he demonstrates how hermeneutical philosophy reaffirms art's ontological status and makes clear the importance of hermeneutics for aesthetic studies. In a final section, Vattimo articulates the consequences of reclaiming the ontological status of aesthetics without its metaphysical implications, holding Aristotle's concept of beauty responsible for the dissolution of metaphysics itself.
New perspectives on human rights prosecutions in various regional contexts Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempt...
The 2015 edition of The Global Community: Yearbook of International Law and Jurisprudence constitutes the only thorough annual survey of major developments in international courts. General Editor Giuliana Ziccardi Capaldo selects excerpts from important court opinions as well as the contributors who provide expert guidance on those cases. The topical organization and subject index make the thorough, comprehensive content easy to navigate.
Moving away from Jacques Derrida's deconstructionism and Paul Ricoeur's hermeneutics, and building on his experiences as a politician, Vattimo asks if it is still possible to speak of moral imperatives, individual rights, and political freedom. Acknowledging the force of Nietzsche's "God is dead," Vattimo argues for a philosophy of pensiero debole or "weak thinking" that shows how moral values can exist without being guaranteed by an external authority. His secularising interpretation stresses anti-metaphysical elements and puts philosophy into a relationship with postmodern culture.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.
Gianni Vattimo and Santiago Zabala recast Karl Marx's theories at a time when capitalism's metaphysical moorings are buckling. Leaving aside the ideal of development and the general call for revolution, hermeneutic communism relies on interpretation rather than truth and proves more flexible in different contexts. It motivates a resistance to capitalism's inequalities yet intervenes against violence and authoritarianism by emphasizing the interpretative nature of truth. Paralleling Vattimo and Zabala's work on the weakening of religion, Hermeneutic Communism realizes the effective potential of Marxist thought.