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Radical Evil on Trial
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 Buen...
Mass Atrocity, Collective Memory, and the Law
Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. To this end, writes Osiel, we should pay closer attention to the...
Deliberative Democracy and Human Rights
In this important collection of writings, leading legal and political thinkers address a wide array of issues that confront societies undergoing a transition to democratic rule. Bridging the gap between theory and practice in international human rights law and policy, the contributors continue discussions that were begun with the late Argentine philosopher-lawyer Carlos Santiago Nino, then extend those conversations in new directions inspired by their own and Nino's work. The book focuses on some of the key questions that confront the international human rights movement today. What is the moral justification for the concept and content of universal human rights? What is the relationship among nation-building, constitutionalism, and democracy? What are the political implications for a conception of universal human rights? What is the relationship between moral principles and political practice? How should a society confront what Kant called radical evil? And how does a successor regime justly and practically hold a prior regime accountable for gross violations of human rights?
International Ethics
This text presents the concepts, theories, methods, and traditions of ethical analysis and then applies them to case studies in the areas of human rights, military force, foreign intervention, economic statecraft, and global political justice.
Exile, Diaspora, and Return
Machine generated contents note: -- Preface -- Chapter 1 - Exile and Post-Exile in Analytical Perspective -- Chapter 2 - Escape, Deportation and Exile: The Contours of Institutionalized Exclusion -- Chapter 3 - Exile and Diaspora Politics: Mobilizing to Undo Exclusion -- Chapter 4 - Diaspora and Home Country Initiatives, Transnational Networks and State Policies -- Chapter 5 - Surviving Authoritarianism, Contributing to the Agenda of Democratization -- Chapter 6 - Undoing Exile? Remembering, Imagining, Envisioning -- Chapter 7 - The Transformational Role of Culture and Education: Impacting the Future -- Chapter 8 - Shifting Frontiers of Citizenship -- Conclusions -- About the Authors -- Index
The Difficulty of Tolerance
These essays in political philosophy by T. M. Scanlon, written between 1969 and 1999, examine the standards by which social and political institutions should be justified and appraised. Scanlon explains how the powers of just institutions are limited by rights such as freedom of expression, and considers why these limits should be respected even when it seems that better results could be achieved by violating them. Other topics which are explored include voluntariness and consent, freedom of expression, tolerance, punishment, and human rights. The collection includes the classic essays 'Preference and Urgency', 'A Theory of Freedom of Expression', and 'Contractualism and Utilitarianism', as well as a number of other essays that have hitherto not been easily accessible. It will be essential reading for all those studying these topics from the perspective of political philosophy, politics, and law.
Human Rights in Crisis
Human Rights in Crisis uniquely documents recent ideas on democracy and human rights in the current French intellectual, social, and political context, arguing that the French emphasis on the interdependence between democracy and human rights as a tool for the critique and renewal of democracy is a valid contribution to the global debate on the political philosophy and the ethics of human rights. Centering on the work of four prominent, contemporary French political philosophers, Blandine Kriegel, Marcel Gauchet, Luc Ferry, and Etienne Balibar, Geneviève Souillac expertly examines the themes of contestation and reform that are the driving force in the French approach to democracy and human rights.
Reasons for Action and the Law
A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most other works in this field, it is a meta-theoretical study which analyses and compares how different theories use the notion of reason in their reconstruction of problems concerning issues such as normativity, the acceptance of norms, or the justification of judicial decisions. This book is directed primarily to scholars specializing in legal theory and concerned with the contribution practical philosophy can make to it, but it also contains important arguments and insights for all those interested in the controversy between legal positivists and their critics, in the theory of human action or in reason-based practical theories in general.
Mass Atrocity, Ordinary Evil, and Hannah Arendt
Is it possible that the soldiers of mass atrocities--Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example--act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implem...
Justice Framed
A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.
