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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: Joan Copjec
Publisher: Verso
ISBN: 9781859849118
Category : Philosophy
Languages : en
Pages : 248
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Book Description
Radical Evil, the second volume in the S series, marks the two-hundredth anniversary of the publication of Kant’s Religion without the Limits of Reason Alone, where Kant first proposed, and quickly withdrew in horror, the concept of radical evil—an evil at the very heart of the ethical problematic. It also marks the recent publication in English of Lacan’s Ethics of Psychoanalysis, arguably one of the most important and influential of Lacan’s seminars, in which he discusses the rise since the nineteenth century of a certain ‘happiness in evil’. The events of the twentieth century have made the assertions of both Lacan and Kant credible and concrete—the Holocaust and the attempts to cast doubt on its existence, the rise of racism worldwide, the engagement by philosophers with ethics as critical to relevant issues but without the consideration of the problems which lead Kant to his formation of radical evil. The contributors to this volume were asked to consider radical evil in its philosophical, political and cultural dimensions. What emerges is a clear introduction to the problematic, including discussions of the Holocaust, the placement of homosexuals in concentration camps, the creation of the Machiavellian in politics and literature—a full and fascinating exploration of the radical nature of modern evil.
Author: Sam Ferguson
Publisher: U of Nebraska Press
ISBN: 1640125817
Category : History
Languages : en
Pages : 353
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Book Description
The Disappeared tells the extraordinary saga of Argentina’s attempt to right the wrongs of an unspeakably dark past. Using a recent human rights trial as his lens, Sam Ferguson addresses two central questions of our age: How is mass atrocity possible, and What should be done in its wake? From 1976 to 1983 thousands of people were the victims of state terrorism during Argentina’s so-called Dirty War. Ferguson recounts a twenty-two-month trial of the most notorious perpetrators of this atrocity, who ran a secret prison from the Naval Mechanics School in Buenos Aires. The navy executed as many as five thousand political “subversives,” most of whom were sedated and thrown alive out of airplanes into the South Atlantic. The victims of these secret death flights and others who went missing during the regime are known as los desaparecidos—“the disappeared.” Ferguson explores Argentina’s novel response to mass atrocity: the country’s remarkable and controversial decisions in 2003 to repeal a series of amnesty laws passed in the 1980s and to prosecute anew the perpetrators of the Dirty War a generation after the collapse of the country's last dictatorship. As of 2022 more than one thousand aging military officers have been indicted for their involvement in the Dirty War and hundreds of trials have commenced in the country’s civilian courts. Among the many facets of the book, Ferguson takes an in-depth look at allegations that Father Jorge Mario Bergoglio, now Pope Francis, was involved in the disappearance of two Jesuit priests under his supervision in 1976. Bergoglio was called to testify in a closed-chambers session. Ferguson reviewed those secret proceedings and uses them as a springboard to explore the Argentine Catholic Church and its broader role in the Dirty War. The lingering but acute trauma of the victims who testified at the trial underscores the moral urgency of accountability. When a state strips its citizens of all their rights, the only response that approximates reparation is to restore the rule of law and punish the perpetrators. Yet the trial also revealed the limits of using criminal law to respond to mass atrocity. Justice demands a laser-like focus on evidence relevant to a crime, but atrocity begs for social understanding. Can the law ever bring full justice?
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: 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: Robert Meister
Publisher: Columbia University Press
ISBN: 0231150377
Category : Philosophy
Languages : en
Pages : 546
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Book Description
The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past. Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it was. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.
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: Johnathan Irving Kelly
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Joan Copjec
Publisher:
ISBN: 9781859840061
Category : Civilization, Modern
Languages : en
Pages : 0
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Book Description
Radical Evil, the second volume in the S series, marks the two-hundredth anniversary of the publication of Kant's Religion without the Limits of Reason Alone, where Kant first proposed, and quickly withdrew in horror, the concept of radical evil—an evil at the very heart of the ethical problematic. It also marks the recent publication in English of Lacan's Ethics of Psychoanalysis, arguably one of the most important and influential of Lacan's seminars, in which he discusses the rise since the nineteenth century of a certain 'happiness in evil'. The events of the twentieth century have made the assertions of both Lacan and Kant credible and concrete—the Holocaust and the attempts to cast doubt on its existence, the rise of racism worldwide, the engagement by philosophers with ethics as critical to relevant issues but without the consideration of the problems which lead Kant to his formation of radical evil. The contributors to this volume were asked to consider radical evil in its philosophical, political and cultural dimensions. What emerges is a clear introduction to the problematic, including discussions of the Holocaust, the placement of homosexuals in concentration camps, the creation of the Machiavellian in politics and literature—a full and fascinating exploration of the radical nature of modern evil.
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.
