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Download Judging State-Sponsored Violence, Imagining Political Change by Bronwyn Leebaw PDF

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By Bronwyn Leebaw

How may still state-sponsored atrocities be judged and remembered? This arguable query animates modern debates on transitional justice and reconciliation. This e-book reconsiders the legacies of 2 associations that remodeled the idea and perform of transitional justice. while the Nuremberg Trials exemplify the promise of legalism and foreign felony justice, South Africa's fact and Reconciliation fee promoted restorative justice and fact commissions. Bronwyn Leebaw argues that the 2 frameworks proportion a standard challenge: either depend on legal justice options to enquire reviews of person sufferers and perpetrators, which undermines their serious position as responses to systematic atrocities. Drawing at the paintings of influential transitional justice associations and thinkers corresponding to Judith Shklar, Hannah Arendt, José Zalaquett, and Desmond Tutu, Leebaw deals a brand new method of wondering the serious position of transitional justice - one who emphasizes the significance of political judgment and investigations that research complicity in, and resistance to, systematic atrocities.

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Extra resources for Judging State-Sponsored Violence, Imagining Political Change

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57 Although depoliticizing such investigations is usually justified as a prerequisite for justice and reconciliation, it has also functioned to limit the scope of accountability and to blunt official moral condemnations of past practices. At the same time, relying on a victim-perpetrator framework to frame official investigations of past injustice plays into the fear that such investigations will become paralyzing and undermine the pursuit of political reconciliation or ongoing reform. 58 They put forth a morality based on obedience, deference, and internalization of shared norms, which elides the problem of their collapse or absence.

The first section of the chapter examines this critique, which traces depoliticization to a pervasive sense of despair in the possibility of meaningful political engagement. The chapter then considers how Arendt’s writings on political judgment address this problem. It examines two prominent ways of interpreting Arendt’s theory of political judgment:€one that Introduction 29 identifies political judgment with action and deliberation, and another that identifies political judgment with critical distance and detached reflection.

Introduction 17 Karl Jaspers, who remained in Germany throughout the Nazi era with his Jewish wife, Gertrude, rejected the view that all Germans should be held criminally responsible for the genocide. Yet he was frustrated with what he saw as a failure on the part of most German people to consider their responsibility for supporting the regime, or failing to effectively protest its actions. 57 Although depoliticizing such investigations is usually justified as a prerequisite for justice and reconciliation, it has also functioned to limit the scope of accountability and to blunt official moral condemnations of past practices.

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