Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.001.0001
- Subject:
- Political Science, Democratization
This book analyses the Uruguayan and Chilean experiences with the transitional politics of truth and justice regarding past human rights violations. These policies are shaped by the legacy of ...
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This book analyses the Uruguayan and Chilean experiences with the transitional politics of truth and justice regarding past human rights violations. These policies are shaped by the legacy of repressive rule, and the dynamics of the politics of transition and of the balance of power under the new democratic governments peculiar to each country. The issue is central to the politics of transition for ethical, symbolic, practical and political reasons: politically it is the most explosive transitional issue; on a practical level, only official acknowledgement can resolve pending legal questions for survivors and families of victims; ethically, it is hard to generate democratic consensus or social endorsement for social reform without involving principles and ideals that appeal to the underlying values and aspirations of the citizenry. Dealing with legacies of state repression permits the beginning of the process of ‘deconstruction of cultures of fear’ without which democratization cannot occur. This is not only desirable and necessary; some kind of truth telling policy has proved to be both required and feasible in a wide range of contemporary regime transitions. However, justice is not always possible: limitations on prosecutions are more self-imposed than 'structural', more political than institutional, and clearly there is a tension between the conditions necessary to ensure accountability and those that govern periods of transition. Unconsolidated democracies are not able to practise the politics of a consolidated democracy; the politics of consolidated democracies includes the capacity to call the powerful to account. This is perhaps the yardstick with which to measure consolidation. Instead of practising the politics of consolidated democracy, what these countries have to engage in is the politics of democratic consolidation. Although truth and justice policies may remain relevant after the transition and 'leak into' the politics of democratization, (where they can continue to be a source of conflict in the judicial system and of latent or overt painful and deep-seated social animosities), the resolution of the issue in the formal political arena can and does make it marginal in terms of day-to-day politics. Consolidation depends more crucially on the reform of key institutions that permitted abuse and impunity: the thorough reform of the judiciary and of the forces of repression. If a government does not undertake a proper reform of the institutions that made abuse and impunity possible, the democracy it presides over will be lame and incomplete.Less
This book analyses the Uruguayan and Chilean experiences with the transitional politics of truth and justice regarding past human rights violations. These policies are shaped by the legacy of repressive rule, and the dynamics of the politics of transition and of the balance of power under the new democratic governments peculiar to each country. The issue is central to the politics of transition for ethical, symbolic, practical and political reasons: politically it is the most explosive transitional issue; on a practical level, only official acknowledgement can resolve pending legal questions for survivors and families of victims; ethically, it is hard to generate democratic consensus or social endorsement for social reform without involving principles and ideals that appeal to the underlying values and aspirations of the citizenry. Dealing with legacies of state repression permits the beginning of the process of ‘deconstruction of cultures of fear’ without which democratization cannot occur. This is not only desirable and necessary; some kind of truth telling policy has proved to be both required and feasible in a wide range of contemporary regime transitions. However, justice is not always possible: limitations on prosecutions are more self-imposed than 'structural', more political than institutional, and clearly there is a tension between the conditions necessary to ensure accountability and those that govern periods of transition. Unconsolidated democracies are not able to practise the politics of a consolidated democracy; the politics of consolidated democracies includes the capacity to call the powerful to account. This is perhaps the yardstick with which to measure consolidation. Instead of practising the politics of consolidated democracy, what these countries have to engage in is the politics of democratic consolidation. Although truth and justice policies may remain relevant after the transition and 'leak into' the politics of democratization, (where they can continue to be a source of conflict in the judicial system and of latent or overt painful and deep-seated social animosities), the resolution of the issue in the formal political arena can and does make it marginal in terms of day-to-day politics. Consolidation depends more crucially on the reform of key institutions that permitted abuse and impunity: the thorough reform of the judiciary and of the forces of repression. If a government does not undertake a proper reform of the institutions that made abuse and impunity possible, the democracy it presides over will be lame and incomplete.
Daniel Philpott
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199827565
- eISBN:
- 9780199949779
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199827565.001.0001
- Subject:
- Religion, Religion and Society
In the wake of massive injustice, how can justice be achieved and peace restored? This book offers an innovative and hopeful response to these questions. It challenges the approach to peacebuilding ...
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In the wake of massive injustice, how can justice be achieved and peace restored? This book offers an innovative and hopeful response to these questions. It challenges the approach to peacebuilding that dominates the United Nations, Western governments, and the human rights community. While this book shares their commitments to human rights and democracy, it argues that these values alone cannot redress the wounds caused by war, genocide, and dictatorship. Both justice and the effective restoration of political order call for a more holistic, restorative approach. The book answers that call by proposing a form of political reconciliation that is deeply rooted in three religious traditions—Christianity, Islam, and Judaism—as well as the restorative justice movement. These traditions offer the fullest expressions of the core concepts of justice, mercy, and peace. By adapting these ancient concepts to modern constitutional democracy and international norms, the book crafts an ethic that has widespread appeal and offers real hope for the restoration of justice in fractured communities. From the roots of these traditions, the book develops six practices—building just institutions and relations between states, acknowledgment, reparations, restorative punishment, apology and, most important, forgiveness—which the book then applies to real cases, identifying how each practice redresses a unique set of wounds. Focusing on places as varied as Bosnia, Iraq, South Africa, Germany, Sierra Leone, Timor-Leste, Chile, and many others—and drawing on the actual experience of victims and perpetrators—this book offers a fresh approach to the age-old problem of restoring justice in the aftermath of widespread injustice.Less
In the wake of massive injustice, how can justice be achieved and peace restored? This book offers an innovative and hopeful response to these questions. It challenges the approach to peacebuilding that dominates the United Nations, Western governments, and the human rights community. While this book shares their commitments to human rights and democracy, it argues that these values alone cannot redress the wounds caused by war, genocide, and dictatorship. Both justice and the effective restoration of political order call for a more holistic, restorative approach. The book answers that call by proposing a form of political reconciliation that is deeply rooted in three religious traditions—Christianity, Islam, and Judaism—as well as the restorative justice movement. These traditions offer the fullest expressions of the core concepts of justice, mercy, and peace. By adapting these ancient concepts to modern constitutional democracy and international norms, the book crafts an ethic that has widespread appeal and offers real hope for the restoration of justice in fractured communities. From the roots of these traditions, the book develops six practices—building just institutions and relations between states, acknowledgment, reparations, restorative punishment, apology and, most important, forgiveness—which the book then applies to real cases, identifying how each practice redresses a unique set of wounds. Focusing on places as varied as Bosnia, Iraq, South Africa, Germany, Sierra Leone, Timor-Leste, Chile, and many others—and drawing on the actual experience of victims and perpetrators—this book offers a fresh approach to the age-old problem of restoring justice in the aftermath of widespread injustice.
Iris Marion Young
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780198297550
- eISBN:
- 9780191716751
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297556.003.0003
- Subject:
- Political Science, Political Theory
Theories of deliberative democracy presume too narrow an understanding of political communication. Several forms of communication additional to argument are important for political debate, especially ...
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Theories of deliberative democracy presume too narrow an understanding of political communication. Several forms of communication additional to argument are important for political debate, especially between members of more dominant and more marginalized groups. Greeting, rhetoric, and narrative each have important functions for public acknowledgement of interlocutors and communication when premises are not shared.Less
Theories of deliberative democracy presume too narrow an understanding of political communication. Several forms of communication additional to argument are important for political debate, especially between members of more dominant and more marginalized groups. Greeting, rhetoric, and narrative each have important functions for public acknowledgement of interlocutors and communication when premises are not shared.
Margaret Urban Walker
- Published in print:
- 2008
- Published Online:
- September 2007
- ISBN:
- 9780195315394
- eISBN:
- 9780199872053
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315394.003.0009
- Subject:
- Philosophy, Feminist Philosophy
The proliferation of truth commissions and the establishment of a “right to truth” concerning human rights violations embody a politics of transparency that makes moral claims for truth telling about ...
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The proliferation of truth commissions and the establishment of a “right to truth” concerning human rights violations embody a politics of transparency that makes moral claims for truth telling about violence and injustice. This chapter argues that having told, being told, and telling truths in these cases has more than the instrumental value of identifying wrongs. Truth telling, through acknowledgment and voice, serves to establish or restore the dignity of victims and to reconfigure a moral community. Dignity is the moral standing of a full participant in practices of mutual accountability. Acknowledgment, as successful apology shows, validates a victims'experience and shifts the reflective equilibrium of common belief to secure stable recognition. Having voice demonstrates one's competence and credibility as a giver of accounts, a constitutive feature of full participation in practices of accountability.Less
The proliferation of truth commissions and the establishment of a “right to truth” concerning human rights violations embody a politics of transparency that makes moral claims for truth telling about violence and injustice. This chapter argues that having told, being told, and telling truths in these cases has more than the instrumental value of identifying wrongs. Truth telling, through acknowledgment and voice, serves to establish or restore the dignity of victims and to reconfigure a moral community. Dignity is the moral standing of a full participant in practices of mutual accountability. Acknowledgment, as successful apology shows, validates a victims'experience and shifts the reflective equilibrium of common belief to secure stable recognition. Having voice demonstrates one's competence and credibility as a giver of accounts, a constitutive feature of full participation in practices of accountability.
Peter Dula
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195395037
- eISBN:
- 9780199894451
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195395037.003.0009
- Subject:
- Religion, Theology
While Emerson is an indispensable resource for Cavell, Cavell worries about the “lack of a concrete other” in Emerson's work. Emerson prefers instead to turn to nature or to “the great man” as the ...
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While Emerson is an indispensable resource for Cavell, Cavell worries about the “lack of a concrete other” in Emerson's work. Emerson prefers instead to turn to nature or to “the great man” as the other who is necessary for the self's transformation. Cavell's work, however, is full of such concrete others, most obviously in the comedies of remarriage. Less obvious is Cavell's insistence on acknowledging the victim, ours or society's. Such a claim is foundational to Christian theology. Building on Cavell's assertion that “the crucified human body is our best picture of the unacknowledged human soul,” this chapter turns to Rowan Williams, Sebastian Moore, and Herbert McCabe to provide theological companionship for Cavell's anthropology.Less
While Emerson is an indispensable resource for Cavell, Cavell worries about the “lack of a concrete other” in Emerson's work. Emerson prefers instead to turn to nature or to “the great man” as the other who is necessary for the self's transformation. Cavell's work, however, is full of such concrete others, most obviously in the comedies of remarriage. Less obvious is Cavell's insistence on acknowledging the victim, ours or society's. Such a claim is foundational to Christian theology. Building on Cavell's assertion that “the crucified human body is our best picture of the unacknowledged human soul,” this chapter turns to Rowan Williams, Sebastian Moore, and Herbert McCabe to provide theological companionship for Cavell's anthropology.
Daniel Shaw
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781474455701
- eISBN:
- 9781474476690
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474455701.001.0001
- Subject:
- Film, Television and Radio, Film
Stanley Cavell’s writings on film as a visual medium, and as making myths that address our scepticism about the values that allow us to see everyday life worth living, are emerging as highly ...
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Stanley Cavell’s writings on film as a visual medium, and as making myths that address our scepticism about the values that allow us to see everyday life worth living, are emerging as highly influential in the burgeoning area of aesthetics that deals with the philosophy of film. The intent of this book is to trace the philosophical roots of his world view, summarize his general approach to the filmic medium, explain his genre theories, and offer original readings of types of film which are different from the comedies and melodramas that he spoke of most extensively. Throughout, I will be addressing his answer to the question “What do the Movies do best?”: of all the arts, the filmic medium is best at persuading its viewers to believe in the values it embodies.
The book champions Cavell’s approach to philosophizing about film, as the most healthy and fruitful paradigm for discussing film in a philosophical context.Less
Stanley Cavell’s writings on film as a visual medium, and as making myths that address our scepticism about the values that allow us to see everyday life worth living, are emerging as highly influential in the burgeoning area of aesthetics that deals with the philosophy of film. The intent of this book is to trace the philosophical roots of his world view, summarize his general approach to the filmic medium, explain his genre theories, and offer original readings of types of film which are different from the comedies and melodramas that he spoke of most extensively. Throughout, I will be addressing his answer to the question “What do the Movies do best?”: of all the arts, the filmic medium is best at persuading its viewers to believe in the values it embodies.
The book champions Cavell’s approach to philosophizing about film, as the most healthy and fruitful paradigm for discussing film in a philosophical context.
Charles Travis
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199596218
- eISBN:
- 9780191595783
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199596218.003.0001
- Subject:
- Philosophy, Aesthetics
This chapter provides overview of the themes treated in the chapters. What is the parochial? Why might it seem threatening, notably to objectivity? What work does, and must, it do? What might alien ...
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This chapter provides overview of the themes treated in the chapters. What is the parochial? Why might it seem threatening, notably to objectivity? What work does, and must, it do? What might alien thought be? Why is it hard to render it inert?Less
This chapter provides overview of the themes treated in the chapters. What is the parochial? Why might it seem threatening, notably to objectivity? What work does, and must, it do? What might alien thought be? Why is it hard to render it inert?
Austin Carson
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691181769
- eISBN:
- 9780691184241
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691181769.003.0001
- Subject:
- Political Science, International Relations and Politics
This chapter argues that escalation control and a shared desire to limit war can motivate covert intervention up front, collusion by major powers that detect it, and official non-acknowledgment if it ...
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This chapter argues that escalation control and a shared desire to limit war can motivate covert intervention up front, collusion by major powers that detect it, and official non-acknowledgment if it is widely exposed. Since World War I, large-scale escalation of war has become unacceptably costly, yet leader control of the escalation process has been simultaneously weakened. While a range of factors influence the escalation potential for war, this chapter focuses on two specific escalation-control problems: constraints created by domestic hawks and misunderstandings among adversaries about the value of limited war. It claims that backstaging military intervention allows rival leaders to insulate themselves and one another from domestic hawkish constraints. In addition, embracing the backstage communicates shared interest in keeping war limited. This basic relationship provides a unifying logic for the initial decision to intervene covertly, a detector's decision to collude after detection, and an intervener's continuing non-acknowledgment of a widely exposed intervention.Less
This chapter argues that escalation control and a shared desire to limit war can motivate covert intervention up front, collusion by major powers that detect it, and official non-acknowledgment if it is widely exposed. Since World War I, large-scale escalation of war has become unacceptably costly, yet leader control of the escalation process has been simultaneously weakened. While a range of factors influence the escalation potential for war, this chapter focuses on two specific escalation-control problems: constraints created by domestic hawks and misunderstandings among adversaries about the value of limited war. It claims that backstaging military intervention allows rival leaders to insulate themselves and one another from domestic hawkish constraints. In addition, embracing the backstage communicates shared interest in keeping war limited. This basic relationship provides a unifying logic for the initial decision to intervene covertly, a detector's decision to collude after detection, and an intervener's continuing non-acknowledgment of a widely exposed intervention.
Martin Jay
- Published in print:
- 2008
- Published Online:
- October 2011
- ISBN:
- 9780195320466
- eISBN:
- 9780199851591
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195320466.003.0001
- Subject:
- Philosophy, Political Philosophy
Although Max Horkheimer and Theodor W. Adorno's notion that “all reification is a forgetting” and Ludwig Wittgenstein's belief that “all knowledge is in the end based on acknowledgment” are outwardly ...
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Although Max Horkheimer and Theodor W. Adorno's notion that “all reification is a forgetting” and Ludwig Wittgenstein's belief that “all knowledge is in the end based on acknowledgment” are outwardly unrelated, Honneth comes up with an endeavor to link these two incongruent statements. In doing so, he attempts to redefine the concept of reification and set this in the context of the theory of recognition of acknowledgment. As the concept of reification has seemingly been forgotten and undermined, the term disqualified alienation, injustice, exploitation, and other such alternatives to illustrate the negative effects of capitalism. Still the term is used without political implications in the context of contemporary theories. This introductory chapter introduces the complexities attributed to reification through incorporating Marxist principles, Hegelian principles, and other such insights of significant philosophers.Less
Although Max Horkheimer and Theodor W. Adorno's notion that “all reification is a forgetting” and Ludwig Wittgenstein's belief that “all knowledge is in the end based on acknowledgment” are outwardly unrelated, Honneth comes up with an endeavor to link these two incongruent statements. In doing so, he attempts to redefine the concept of reification and set this in the context of the theory of recognition of acknowledgment. As the concept of reification has seemingly been forgotten and undermined, the term disqualified alienation, injustice, exploitation, and other such alternatives to illustrate the negative effects of capitalism. Still the term is used without political implications in the context of contemporary theories. This introductory chapter introduces the complexities attributed to reification through incorporating Marxist principles, Hegelian principles, and other such insights of significant philosophers.
Toril Moi
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780226464305
- eISBN:
- 9780226464589
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226464589.001.0001
- Subject:
- Literature, Criticism/Theory
This book argues for the power of ordinary language philosophy (OLP) -- the tradition in philosophy inaugurated by Wittgenstein and Austin, and extended by Cavell -- to transform literary studies. ...
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This book argues for the power of ordinary language philosophy (OLP) -- the tradition in philosophy inaugurated by Wittgenstein and Austin, and extended by Cavell -- to transform literary studies. The first part introduces Wittgenstein’s vision of language and his critique of the "craving for generality," which characterizes theory today. It shows that this philosophy offers a new kind of realism, a powerful alternative to the skepticism of the tradition after Saussure. This part also analyzes the difference between Derrida and Wittgenstein, and offers new perspectives on intersectionality theory. The second part offers a critical rereading of Saussure, and of recent “new materialist” interpretations of his work. It shows how Saussure’s vision of language was taken up in two classics of post-Saussurean literary theory: de Man’s “Semiology and Rhetoric,” and Knapp and Michaels’s “Against Theory.” It rebuts Gellner’s and Marcuse’s claim that OLP is inherently conservative. Common sense is not always reactionary; difficulty is not incompatible with clarity. The third part investigates modes of reading, and the value of literature. The hermeneutics of suspicion offers an unconvincing picture of language, texts and reading. Instead, reading can be understood as a practice of acknowledgment, and as an adventure in quest of the new. For Wittgenstein, to choose a word is to exercise judgment. Word and world are intertwined. A sharpened attention to words is a sharpened attention to reality. Attention is at once aesthetic, ethical and political. The best writers teach us to see.Less
This book argues for the power of ordinary language philosophy (OLP) -- the tradition in philosophy inaugurated by Wittgenstein and Austin, and extended by Cavell -- to transform literary studies. The first part introduces Wittgenstein’s vision of language and his critique of the "craving for generality," which characterizes theory today. It shows that this philosophy offers a new kind of realism, a powerful alternative to the skepticism of the tradition after Saussure. This part also analyzes the difference between Derrida and Wittgenstein, and offers new perspectives on intersectionality theory. The second part offers a critical rereading of Saussure, and of recent “new materialist” interpretations of his work. It shows how Saussure’s vision of language was taken up in two classics of post-Saussurean literary theory: de Man’s “Semiology and Rhetoric,” and Knapp and Michaels’s “Against Theory.” It rebuts Gellner’s and Marcuse’s claim that OLP is inherently conservative. Common sense is not always reactionary; difficulty is not incompatible with clarity. The third part investigates modes of reading, and the value of literature. The hermeneutics of suspicion offers an unconvincing picture of language, texts and reading. Instead, reading can be understood as a practice of acknowledgment, and as an adventure in quest of the new. For Wittgenstein, to choose a word is to exercise judgment. Word and world are intertwined. A sharpened attention to words is a sharpened attention to reality. Attention is at once aesthetic, ethical and political. The best writers teach us to see.
José Medina
- Published in print:
- 2013
- Published Online:
- January 2013
- ISBN:
- 9780199929023
- eISBN:
- 9780199301522
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199929023.003.0001
- Subject:
- Philosophy, Feminist Philosophy, Metaphysics/Epistemology
Focusing on racial and sexual oppression and their interrelation, chapter 1 provides an analysis of active ignorance and of three epistemic vices that support it: epistemic arrogance, laziness, and ...
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Focusing on racial and sexual oppression and their interrelation, chapter 1 provides an analysis of active ignorance and of three epistemic vices that support it: epistemic arrogance, laziness, and closed-mindedness. I argue that structural active ignorance can be corrected only by developing epistemic virtues such as epistemic humility, curiosity/diligence, and open-mindedness. I further argue that the overcoming of active ignorance requires beneficial epistemic friction in interactions with significantly different epistemic others, and I offer two regulative principles for achieving such friction: the principle of acknowledgment and engagement, and the principle of epistemic equilibrium.Less
Focusing on racial and sexual oppression and their interrelation, chapter 1 provides an analysis of active ignorance and of three epistemic vices that support it: epistemic arrogance, laziness, and closed-mindedness. I argue that structural active ignorance can be corrected only by developing epistemic virtues such as epistemic humility, curiosity/diligence, and open-mindedness. I further argue that the overcoming of active ignorance requires beneficial epistemic friction in interactions with significantly different epistemic others, and I offer two regulative principles for achieving such friction: the principle of acknowledgment and engagement, and the principle of epistemic equilibrium.
Daniel Philpott
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199827565
- eISBN:
- 9780199949779
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199827565.003.0011
- Subject:
- Religion, Religion and Society
This chapter analyzes four practices of reconciliation-building institutions for social justice, acknowledgment, reparations, and apology. For each practice, the chapter shows how it has taken place ...
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This chapter analyzes four practices of reconciliation-building institutions for social justice, acknowledgment, reparations, and apology. For each practice, the chapter shows how it has taken place over the past generation or so. Then, the chapter shows how each practice reflects the core commitments of the ethic of reconciliation. Next, it shows which primary and secondary restorations each practice performs and how each does so. Finally, it also explores particular moral and conceptual dilemmas that attend each practice.Less
This chapter analyzes four practices of reconciliation-building institutions for social justice, acknowledgment, reparations, and apology. For each practice, the chapter shows how it has taken place over the past generation or so. Then, the chapter shows how each practice reflects the core commitments of the ethic of reconciliation. Next, it shows which primary and secondary restorations each practice performs and how each does so. Finally, it also explores particular moral and conceptual dilemmas that attend each practice.
Emily M. Calhoun
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195399745
- eISBN:
- 9780199894444
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195399745.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses why justices making a tragic choice have an obligation to acknowledge properly their choice and its harmful consequences for constitutional losers. It offers some ideas about ...
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This chapter discusses why justices making a tragic choice have an obligation to acknowledge properly their choice and its harmful consequences for constitutional losers. It offers some ideas about what proper acknowledgment might look like. Truthfulness about what is at stake for all parties is a central requirement of proper acknowledgment. Truthfulness does not, however, fully satisfy the obligation. Something more is required. Drawing on the insights of scholars working outside the field of law, the chapter embarks on an exploration, from a multidisciplinary perspective, of justices' harm-amelioration obligation.Less
This chapter discusses why justices making a tragic choice have an obligation to acknowledge properly their choice and its harmful consequences for constitutional losers. It offers some ideas about what proper acknowledgment might look like. Truthfulness about what is at stake for all parties is a central requirement of proper acknowledgment. Truthfulness does not, however, fully satisfy the obligation. Something more is required. Drawing on the insights of scholars working outside the field of law, the chapter embarks on an exploration, from a multidisciplinary perspective, of justices' harm-amelioration obligation.
Janine Natalya Clark
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199573417
- eISBN:
- 9780191728822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199573417.003.0003
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter seeks to address an important ‘impact gap’ within the transitional justice literature, by using empirical data to explore and evaluate the ICTY's influence on the restoration and ...
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This chapter seeks to address an important ‘impact gap’ within the transitional justice literature, by using empirical data to explore and evaluate the ICTY's influence on the restoration and maintenance of peace in Bosnia-Herzegovina. In order to assess the Tribunal's social impact, it uses three key criteria — namely perceptions of the Tribunal, acknowledgement/denial, and inter-ethnic relations on the ground. Measured against each of these factors, the chapter finds little evidence that the ICTY has contributed to the restoration and maintenance of peace — and more specifically to reconciliation — in Bosnia-Herzegovina. Rather than necessarily interpreting this as a failure of the ICTY, however, it questions whether it is in fact realistic to expect a geographically remote judicial body to aid such a personal process as reconciliation.Less
This chapter seeks to address an important ‘impact gap’ within the transitional justice literature, by using empirical data to explore and evaluate the ICTY's influence on the restoration and maintenance of peace in Bosnia-Herzegovina. In order to assess the Tribunal's social impact, it uses three key criteria — namely perceptions of the Tribunal, acknowledgement/denial, and inter-ethnic relations on the ground. Measured against each of these factors, the chapter finds little evidence that the ICTY has contributed to the restoration and maintenance of peace — and more specifically to reconciliation — in Bosnia-Herzegovina. Rather than necessarily interpreting this as a failure of the ICTY, however, it questions whether it is in fact realistic to expect a geographically remote judicial body to aid such a personal process as reconciliation.
Dan Shaw
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781474455701
- eISBN:
- 9781474476690
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474455701.003.0007
- Subject:
- Film, Television and Radio, Film
A discussion of the influence of Ludwig Wittgenstein on Cavell is followed by an attempt to expand the latter’s account of the Hollywood response to skepticism to other film genres. In particular, ...
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A discussion of the influence of Ludwig Wittgenstein on Cavell is followed by an attempt to expand the latter’s account of the Hollywood response to skepticism to other film genres. In particular, this chapter examines what I call the redemptive lawyer drama, where a barrister at the end of his rope saves himself by winning an honourable legal case in a David vs. Goliath situation. The examples here are Paul Newman in The Verdict, and Billy Bob Thornton in the Amazon Prime miniseries Goliath.Less
A discussion of the influence of Ludwig Wittgenstein on Cavell is followed by an attempt to expand the latter’s account of the Hollywood response to skepticism to other film genres. In particular, this chapter examines what I call the redemptive lawyer drama, where a barrister at the end of his rope saves himself by winning an honourable legal case in a David vs. Goliath situation. The examples here are Paul Newman in The Verdict, and Billy Bob Thornton in the Amazon Prime miniseries Goliath.
Dan Shaw
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781474455701
- eISBN:
- 9781474476690
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474455701.003.0012
- Subject:
- Film, Television and Radio, Film
The book concludes with my analysis of the impact and importance of Cavell’s approach to the philosophy of film. A discussion of scholars working regularly within Cavell’s conceptual framework (like ...
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The book concludes with my analysis of the impact and importance of Cavell’s approach to the philosophy of film. A discussion of scholars working regularly within Cavell’s conceptual framework (like Philip Schmerheim, Josef Früchtl, Robert Sinnerbrink, Daniele Rugo, Richard Rushton, and Catherine Wheatley) will be followed by my reading of Boys Don’t Cry as the perfect example of Cavell’s concept of acknowledgement, and with an impassioned plea to attend to Cavell at a time in history when his most profound insights and affirmations desperately need to be heard.Less
The book concludes with my analysis of the impact and importance of Cavell’s approach to the philosophy of film. A discussion of scholars working regularly within Cavell’s conceptual framework (like Philip Schmerheim, Josef Früchtl, Robert Sinnerbrink, Daniele Rugo, Richard Rushton, and Catherine Wheatley) will be followed by my reading of Boys Don’t Cry as the perfect example of Cavell’s concept of acknowledgement, and with an impassioned plea to attend to Cavell at a time in history when his most profound insights and affirmations desperately need to be heard.
Andrew Briggs, Hans Halvorson, and Andrew Steane
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780198808282
- eISBN:
- 9780191866944
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808282.003.0022
- Subject:
- Physics, History of Physics
Acknowledgements and thanks for help in the preparation of the text.
Acknowledgements and thanks for help in the preparation of the text.
Michal Bobek
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199680382
- eISBN:
- 9780191760280
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199680382.003.0001
- Subject:
- Law, Constitutional and Administrative Law, Comparative Law
In the introduction, the topic and its importance, the approach, and the structure of the book are discussed. It closes with acknowledgements
In the introduction, the topic and its importance, the approach, and the structure of the book are discussed. It closes with acknowledgements
Sarah Beckwith
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801449789
- eISBN:
- 9780801460623
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801449789.003.0005
- Subject:
- Literature, Shakespeare Studies
This chapter examines acknowledgment and confession in William Shakespeare's Cymbeline. More specifically, it considers Shakespeare's exploration of the grammar of remorse, acknowledgment, and the ...
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This chapter examines acknowledgment and confession in William Shakespeare's Cymbeline. More specifically, it considers Shakespeare's exploration of the grammar of remorse, acknowledgment, and the recreation of a new community through forgiveness. It first discusses the recognition scene in Cymbeline and its relation to the fact or act of speaking and the new community that comes into being as a result of these acts of speech. It then explains how remorse is addressed through the overwhelming response to human others and goes on to analyze the last extraordinary scene of Cymbeline, which links the languages of confession, acknowledgment, and recognition to create the unprecedented peace that is the “mark of wonder” in the play.Less
This chapter examines acknowledgment and confession in William Shakespeare's Cymbeline. More specifically, it considers Shakespeare's exploration of the grammar of remorse, acknowledgment, and the recreation of a new community through forgiveness. It first discusses the recognition scene in Cymbeline and its relation to the fact or act of speaking and the new community that comes into being as a result of these acts of speech. It then explains how remorse is addressed through the overwhelming response to human others and goes on to analyze the last extraordinary scene of Cymbeline, which links the languages of confession, acknowledgment, and recognition to create the unprecedented peace that is the “mark of wonder” in the play.
Sarah Beckwith
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801449789
- eISBN:
- 9780801460623
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801449789.003.0007
- Subject:
- Literature, Shakespeare Studies
This chapter examines the possibility and resources of forgiveness in William Shakespeare's The Tempest. More specifically, it considers how the play addresses the hold of the past over the one who ...
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This chapter examines the possibility and resources of forgiveness in William Shakespeare's The Tempest. More specifically, it considers how the play addresses the hold of the past over the one who has been harmed, as well as the means by which the present can make its peace with the past. It begins with a discussion of the languages of penance that emerge in the play through the exploration of the project of restitution and through a eucharistic language of feast and participation. It then shows how The Tempest tackles the possibilities of communion and a eucharistic language of realization, as well as the afterlives of the sacrament of penance and the grammar of forgiveness and acknowledgment, through a contemplation of restitution. It also analyzes The Tempest's exploration of the resources of theater in the work of penitence.Less
This chapter examines the possibility and resources of forgiveness in William Shakespeare's The Tempest. More specifically, it considers how the play addresses the hold of the past over the one who has been harmed, as well as the means by which the present can make its peace with the past. It begins with a discussion of the languages of penance that emerge in the play through the exploration of the project of restitution and through a eucharistic language of feast and participation. It then shows how The Tempest tackles the possibilities of communion and a eucharistic language of realization, as well as the afterlives of the sacrament of penance and the grammar of forgiveness and acknowledgment, through a contemplation of restitution. It also analyzes The Tempest's exploration of the resources of theater in the work of penitence.
