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Author: Tracy Isaacs
Publisher: Cambridge University Press
ISBN: 1139497316
Category : Law
Languages : en
Pages : 321
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Book Description
Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.
Author: Tracy Isaacs
Publisher: Cambridge University Press
ISBN: 1139497316
Category : Law
Languages : en
Pages : 321
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Book Description
Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.
Author:
Publisher:
ISBN: 9781107220645
Category : Crimes against humanity
Languages : en
Pages : 310
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Book Description
"Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished - and if so, how - or are other remedies available? The topic crosses the borders of law, philosophy, and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations"--
Author: Tracy Isaacs
Publisher: Oxford University Press
ISBN: 0199783039
Category : Philosophy
Languages : en
Pages : 217
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Book Description
Moral Responsibility in Collective Contexts is a philosophical investigation of the complex moral landscape we find in collective scenarios such as genocide, global warming, organizational negligence, and oppressive social practices. Tracy Isaacs argues that an accurate understanding of moral responsibility in collective contexts requires attention to responsibility at the individual and collective levels.
Author: Shane Darcy
Publisher: BRILL
ISBN: 9047431286
Category : Law
Languages : en
Pages : 424
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Book Description
Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint.
Author: Christopher Kutz
Publisher: Cambridge University Press
ISBN: 0521594529
Category : Law
Languages : en
Pages : 345
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Book Description
This book examines the relationship between collective responsibility and individual guilt.
Author: Gregory Mellema
Publisher:
ISBN: 9780268035419
Category :
Languages : en
Pages : 174
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Book Description
In Complicity and Moral Accountability, Gregory Mellema presents a philosophical approach to the moral issues involved in complicity. Starting with a taxonomy of Thomas Aquinas, according to whom there are nine ways for one to become complicit in the wrongdoing of another, Mellema analyzes each kind of complicity and examines the moral status of someone complicit in each of these ways. Mellema's central argument is that one must perform a contributing action to qualify as an accomplice, and that it is always morally blameworthy to perform such an action. Additionally, he argues that an accomplice frequently bears moral responsibility for the outcome of the other's wrongdoing, but he distinguishes this case from cases in which the accomplice is tainted by the wrongdoing of the principal actor. He further distinguishes between enabling, facilitating, and condoning harm, and introduces the concept of indirect complicity. Mellema tackles issues that are clearly important to any case of collective and shared responsibility, yet rarely discussed in depth, always presenting his arguments clearly, concisely, and engagingly. His account of the nonmoral as well as moral qualities of complicity in wrongdoing--especially of the many and varied ways in which principles and accomplices can interact--is highly illuminating. Liberally sprinkled with helpful and nuanced examples, Complicity and Moral Accountability vividly illustrates the many ways in which one may be complicit in wrongdoing.
Author: Larry May
Publisher: Rowman & Littlefield Publishers
ISBN: 0742574024
Category : Political Science
Languages : en
Pages : 301
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Book Description
This anthology presents the best recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the My Lai massacre, and apartheid in South Africa, the essays consider two important questions: What collective efforts could have prevented these large-scale social harms? And is some group to blame and, if so, how is blame to be apportioned? Contributors:
Author: Gregory Mellema
Publisher: University of Notre Dame Pess
ISBN: 0268087083
Category : Religion
Languages : en
Pages : 176
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Book Description
In Complicity and Moral Accountability, Gregory Mellema presents a philosophical approach to the moral issues involved in complicity. Starting with a taxonomy of Thomas Aquinas, according to whom there are nine ways for one to become complicit in the wrongdoing of another, Mellema analyzes each kind of complicity and examines the moral status of someone complicit in each of these ways. Mellema’s central argument is that one must perform a contributing action to qualify as an accomplice, and that it is always morally blameworthy to perform such an action. Additionally, he argues that an accomplice frequently bears moral responsibility for the outcome of the other’s wrongdoing, but he distinguishes this case from cases in which the accomplice is tainted by the wrongdoing of the principal actor. He further distinguishes between enabling, facilitating, and condoning harm, and introduces the concept of indirect complicity. Mellema tackles issues that are clearly important to any case of collective and shared responsibility, yet rarely discussed in depth, always presenting his arguments clearly, concisely, and engagingly. His account of the nonmoral as well as moral qualities of complicity in wrongdoing—especially of the many and varied ways in which principles and accomplices can interact—is highly illuminating. Liberally sprinkled with helpful and nuanced examples, Complicity and Moral Accountability vividly illustrates the many ways in which one may be complicit in wrongdoing.
Author: Nergis Canefe
Publisher: University of Wales Press
ISBN: 178683703X
Category : Law
Languages : en
Pages : 338
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Book Description
This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.
Author: André Nollkaemper
Publisher: Cambridge University Press
ISBN: 1107107083
Category : Law
Languages : en
Pages : 473
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Book Description
Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.
