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Author: Carlos Santiago Nino
Publisher: Yale University Press
ISBN: 9780300077285
Category : History
Languages : en
Pages : 236
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Book Description
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.
Author: Carlos Santiago Nino
Publisher: Yale University Press
ISBN: 9780300077285
Category : History
Languages : en
Pages : 236
Get Book Here
Book Description
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.
Author: Chris Daw
Publisher: Bloomsbury Publishing
ISBN: 1472977858
Category : Criminal justice, Administration of
Languages : en
Pages : 305
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Book Description
Author: Hannah Arendt
Publisher: Schocken
ISBN: 0307544052
Category : Philosophy
Languages : en
Pages : 336
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Book Description
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.
Author: Sam Ferguson
Publisher: U of Nebraska Press
ISBN: 1640121528
Category : History
Languages : en
Pages : 349
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Book Description
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.
Author: Sadakat Kadri
Publisher: Random House
ISBN: 030743270X
Category : Law
Languages : en
Pages : 465
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Book Description
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.
Author: Robert Reilly
Publisher: Ignatius Press
ISBN: 1642291145
Category : History
Languages : en
Pages : 443
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Book Description
The Founding of the American Republic is on trial. Critics say it was a poison pill with a time-release formula; we are its victims. Its principles are responsible for the country's moral and social disintegration because they were based on the Enlightenment falsehood of radical individual autonomy. In this well-researched book, Robert Reilly declares: not guilty. To prove his case, he traces the lineage of the ideas that made the United States, and its ordered liberty, possible. These concepts were extraordinary when they first burst upon the ancient world: the Judaic oneness of God, who creates ex nihilo and imprints his image on man; the Greek rational order of the world based upon the Reason behind it; and the Christian arrival of that Reason (Logos) incarnate in Christ. These may seem a long way from the American Founding, but Reilly argues that they are, in fact, its bedrock. Combined, they mandated the exercise of both freedom and reason. These concepts were further developed by thinkers in the Middle Ages, who formulated the basic principles of constitutional rule. Why were they later rejected by those claiming the right to absolute rule, then reclaimed by the American Founders, only to be rejected again today? Reilly reveals the underlying drama: the conflict of might makes right versus right makes might. America's decline, he claims, is not to be discovered in the Founding principles, but in their disavowal.
Author: Tim Townsend
Publisher: Harper Collins
ISBN: 0062300199
Category : Religion
Languages : en
Pages : 365
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Book Description
Mission at Nuremberg is Tim Townsend’s gripping story of the American Army chaplain sent to save the souls of the Nazis incarcerated at Nuremberg, a compelling and thought-provoking tale that raises questions of faith, guilt, morality, vengeance, forgiveness, salvation, and the essence of humanity. Lutheran minister Henry Gerecke was fifty years old when he enlisted as am Army chaplain during World War II. As two of his three sons faced danger and death on the battlefield, Gerecke tended to the battered bodies and souls of wounded and dying GIs outside London. At the war’s end, when other soldiers were coming home, Gerecke was recruited for the most difficult engagement of his life: ministering to the twenty-one Nazis leaders awaiting trial at Nuremburg. Based on scrupulous research and first-hand accounts, including interviews with still-living participants and featuring sixteen pages of black-and-white photos, Mission at Nuremberg takes us inside the Nuremburg Palace of Justice, into the cells of the accused and the courtroom where they faced their crimes. As the drama leading to the court’s final judgments unfolds, Tim Townsend brings to life the developing relationship between Gerecke and Hermann Georing, Albert Speer, Wilhelm Keitel, Joachim von Ribbentrop, and other imprisoned Nazis as they awaited trial. Powerful and harrowing, Mission at Nuremberg offers a fresh look at one most horrifying times in human history, probing difficult spiritual and ethical issues that continue to hold meaning, forcing us to confront the ultimate moral question: Are some men so evil they are beyond redemption?
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: Patricia Heberer
Publisher: U of Nebraska Press
ISBN: 0803210841
Category : History
Languages : en
Pages : 358
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Book Description
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.
Author: Berber Bevernage
Publisher: Routledge
ISBN: 041582298X
Category : History
Languages : en
Pages : 264
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Book Description
This book is centered around the thesis that the way one deals with historical injustice and the ethics of history is strongly dependent on the way one conceives of historical time; that the concept of time traditionally used by historians is structurally more compatible with the perpetrators' than the victims' point of view.
