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Author: Mark J. Osiel
Publisher: Routledge
ISBN: 1351506676
Category : History
Languages : en
Pages : 480
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Book Description
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 way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.
Author: Mark J. Osiel
Publisher: Routledge
ISBN: 1351506676
Category : History
Languages : en
Pages : 480
Get Book Here
Book Description
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 way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.
Author: Mark Osiel
Publisher: Yale University Press
ISBN: 0300087535
Category : Law
Languages : en
Pages : 265
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Book Description
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 implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.
Author: Hannah Arendt
Publisher: Penguin
ISBN: 1101007168
Category : Social Science
Languages : en
Pages : 337
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Book Description
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.
Author: Mark Osiel
Publisher: Cambridge University Press
ISBN: 1139480650
Category : Political Science
Languages : en
Pages : 277
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Book Description
Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.
Author: Peter Baehr
Publisher: Anthem Press
ISBN: 178308183X
Category : Philosophy
Languages : en
Pages : 294
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Book Description
The Anthem Companion to Hannah Arendt offers a unique collection of essays on one of the twentieth century’s greatest thinkers. The companion encompasses Arendt’s most salient arguments and major works – The Origins of Totalitarianism, The Human Condition, Eichmann in Jerusalem, On Revolution and The Life of the Mind. The volume also examines Arendt’s intellectual relationships with Max Weber, Karl Mannheim and other key social scientists. Although written principally for students new to Arendt’s work, The Anthem Companion to Hannah Arendt also engages the most avid Arendt scholar.
Author:
Publisher:
ISBN: 9780300160512
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 257
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Book Description
Author: James Waller
Publisher: Oxford University Press
ISBN: 0190287527
Category : Social Science
Languages : en
Pages : 480
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Book Description
Political or social groups wanting to commit mass murder on the basis of racial, ethnic or religious differences are never hindered by a lack of willing executioners. In Becoming Evil, social psychologist James Waller uncovers the internal and external factors that can lead ordinary people to commit extraordinary acts of evil. Waller debunks the common explanations for genocide- group think, psychopathology, unique cultures- and offers a more sophisticated and comprehensive psychological view of how anyone can potentially participate in heinous crimes against humanity. He outlines the evolutionary forces that shape human nature, the individual dispositions that are more likely to engage in acts of evil, and the context of cruelty in which these extraordinary acts can emerge. Illustrative eyewitness accounts are presented at the end of each chapter. An important new look at how evil develops, Becoming Evil will help us understand such tragedies as the Holocaust and recent terrorist events. Waller argues that by becoming more aware of the things that lead to extraordinary evil, we will be less likely to be surprised by it and less likely to be unwitting accomplices through our passivity.
Author: Roger Berkowitz
Publisher: Fordham Univ Press
ISBN: 0823230759
Category : Philosophy
Languages : en
Pages : 312
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Book Description
Hannah Arendt is one of the most important political theorists of the 20th century. This book focuses on how, against the professionalized discourses of theory, Arendt insists on the greater political importance of the ordinary activity of thinking.
Author: Peter Baehr
Publisher:
ISBN: 9781783081851
Category : Political Science
Languages : en
Pages : 284
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Book Description
The Anthem Companion to Hannah Arendt offers a unique collection of essays on one of the twentieth century's greatest thinkers. The companion encompasses Arendt's most salient arguments and major works - The Origins of Totalitarianism, The Human Condition, Eichmann in Jerusalem, On Revolution and The Life of the Mind. The volume also examines Arendt's intellectual relationships with Max Weber, Karl Mannheim and other key social scientists. Although written principally for students new to Arendt's work, The Anthem Companion to Hannah Arendt also engages the most avid Arendt scholar.
Author: Hannah Arendt
Publisher: Topeka Bindery
ISBN: 9781417790036
Category : History
Languages : en
Pages : 0
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Book Description
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.
