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Much of the recent scholarly writings and debates on amnesty have revolved around its lawfulness, when granted in respect of the most serious crimes under international law committed in the context of civil armed conflicts. The inconclusiveness of international law on this issue - with positive international law and opinio juris calling for criminal prosecution, and State's practice favouring practical political solutions - does nothing more than deepen the confusion already affecting the international legality of national amnesties. Building on emerging trends in State's practice, this book attempts to clarify the question of the legality of national amnesties for crimes against humanity by suggesting a compromised legal framework within which amnesty and accountability can both be accommodated.
Crimes against humanity. --- War crimes. --- Political crimes and offenses. --- Amnesty.
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Restorative justice --- Reparation (Criminal justice) --- Amnesty --- Truth commissions --- Apartheid --- Azanian People's Organization --- Trials, litigation, etc.
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Nearly everyone has wronged another. Who among us has not longed to be forgiven? Who has not struggled to forgive? Charles Griswold has written the first comprehensive philosophical book on forgiveness in both its interpersonal and political contexts, as well as its relation to reconciliation. Having examined the place of forgiveness in ancient philosophy and in modern thought, he discusses what forgiveness is, what conditions the parties to it must meet, its relation to revenge and hatred, when it is permissible and whether it is obligatory, and why it is a virtue. Griswold argues that forgiveness (unlike apology) is inappropriate in politics, and analyzes the nature and limits of political apology with reference to historical examples (including Truth and Reconciliation Commissions). The book concludes with an examination of the relation between memory, narrative, and truth.
General ethics --- Forgiveness. --- Pardon --- Reconciliation. --- Peace making --- Peacemaking --- Reconciliatory behavior --- Quarreling --- Unforgiveness --- Conduct of life --- Absolution --- Amnesty --- Clemency --- Arts and Humanities --- Philosophy
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Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.
Human rights --- Religious aspects. --- -342.72/.73 --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Religious aspects --- Mensenrechten. Amnesty International. Euthanasie --- Law and legislation --- 342.72/.73 --- 342.72/.73 Mensenrechten. Amnesty International. Euthanasie --- Human rights - Religious aspects.
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Arguments for forgiveness, mercy, and clemency abound. These arguments flourish in organized religion, fiction, philosophy, and law as well as in everyday conversations of daily life among parents and children, teachers and students, and criminals and those who judge them. As common as these arguments are, we are often left with an incomplete understanding of what we mean when we speak about them. This volume examines the registers of individual psychology, religious belief, social practice, and political power circulating in and around those who forgive, grant mercy, or pose clemency power. The authors suggest that, in many ways, necessary examinations of the questions of forgiveness and pardon and the connection between mercy and justice are only just beginning.
Capital punishment --- Criminal justice, Administration of --- Clemency. --- Pardon. --- Pardon --- Executive power --- Amnesty --- Clemency --- Forgiveness --- Executive clemency --- Abolition of capital punishment --- Death penalty --- Death sentence --- Criminal law --- Punishment --- Executions and executioners --- Moral and ethical aspects. --- Law and legislation
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What does it mean to forgive? The answer is widely assumed to be self-evident but critical analysis quickly reveals the complexities of the subject. Forgiveness has traditionally been the preserve of Christian theology, though in the last half century - and at an accelerating pace - psychologists, lawyers, politicians and moral philosophers have all been making an important contribution to questions about and our understanding of the subject. Anthony Bash offers a vigorous restatement of the Christian view of forgiveness in critical dialogue with those both within and without the Christian tradition. Forgiveness is a much more complicated subject than many theologians recognize. Bash explores the relevance of the theoretical discussion of the topic to recent events such as the Truth and Reconciliation Commission in South Africa, post-Holocaust trials, the aftermath of 9/11 and July 7 and various high-profile criminal cases.
Christian ethics --- Forgiveness --- 241.4 --- Unforgiveness --- Conduct of life --- Absolution --- Amnesty --- Clemency --- Pardon --- Ethical theology --- Moral theology --- Theology, Ethical --- Theology, Moral --- Christian life --- Christian philosophy --- Religious ethics --- 241.4 Theologische ethiek: schuld; zonde; bekering; verzoening --- Theologische ethiek: schuld; zonde; bekering; verzoening --- Religious aspects&delete& --- Christianity --- Christian ethics. --- Religious aspects --- Christianity. --- Arts and Humanities --- Religion
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In his 1999 book, Disposable People, Kevin Bales brought to light the shocking fact of modern slavery and described how, nearly two hundred years after the slave trade was abolished (legal slavery would have to wait another fifty years), global slavery stubbornly persists. In Ending Slavery, Bales again grapples with the struggle to end this ancient evil and presents the ideas and insights that can finally lead to slavery's extinction. Recalling his own involvement in the antislavery movement, he recounts a personal journey in search of the solution and explains how governments and citizens can build a world without slavery.
Slavery --- Antislavery movements. --- Poor --- Abolition of slavery --- Antislavery --- Enslavement --- Mui tsai --- Ownership of slaves --- Servitude --- Slave keeping --- Slave system --- Slaveholding --- Thralldom --- Crimes against humanity --- Serfdom --- Slaveholders --- Slaves --- Working poor --- Abolitionism --- Anti-slavery movements --- Human rights movements --- History --- Employment. --- Enslaved persons --- abolition. --- amnesty international. --- antislavery. --- blacklivesmatter. --- civil rights. --- ending slavery. --- evil. --- global issues. --- global slavery. --- government. --- human rights. --- human trafficking. --- international. --- modern slavery. --- political. --- politics. --- poverty. --- practical. --- race. --- racism. --- rescue. --- slave trade. --- slavery. --- solutions. --- timely. --- tragedy. --- true story. --- world government.
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After the transition to democracy in 1994, South Africa reached out to perpetrators of violence from all conflicting parties by giving amnesty to those who fully disclosed their politically motivated crimes. This 2007 volume provides a comprehensive analysis of South Africa's amnesty scheme in its practical and normative dimensions. Through empirical analysis of over 1000 amnesty decisions made by the Amnesty Committee of the Truth and Reconciliation Commission, the study measures the scheme against its stated goals of truth recovery, victim empowerment and perpetrator accountability. It also explores normative questions raised by the absence of punishment. Highlighting the distinctive nature of South Africa's conditional amnesty as an exceptional 'rite of passage' into the new, post-conflict society, it argues that the amnesty scheme is best viewed as an attempt to construct a new 'justice script' for a society in transition, in which a legacy of politically motivated violence is being addressed.
History of Africa --- South Africa --- Amnesty --- Apartheid --- Political crimes and offenses --- Reconciliation --- Restorative justice --- History. --- Political aspects --- South Africa. --- Law --- General and Others --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Criminal justice, Administration of --- Reparation (Criminal justice) --- Offenses against the State --- Offenses, Political --- Political offenses --- State, Offenses against the --- Crime --- Extradition --- Political violence --- Subversive activities --- Afrique du Sud. Truth and reconciliation commission --- Commissions vérité et réconciliation --- Amnistie --- Afrique du Sud --- Réconciliation --- Justice restaurative --- 1990-.... --- Politique et gouvernement --- 1994-.... --- Aspect politique --- Histoire
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