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2007 (8)

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Amnesty for crimes against humanity under international law
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ISBN: 1281936782 9786611936785 9047422309 9789047422303 9789004162310 9004162313 Year: 2007 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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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.


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Law, memory, and the legacy of apartheid : ten years after AZAPO v. President of South Africa
Authors: ---
Year: 2007 Publisher: Pretoria University Law Press (PULP)

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Forgiveness : a philosophical exploration
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ISBN: 9780521878821 9780521703512 0521703514 0521878829 9780511619168 9780511350184 051135018X 0511619162 0511348355 9780511348358 1107183596 1281086258 9786611086251 0511351089 0511574037 0511349327 9780511349324 9780511351082 9781281086259 Year: 2007 Publisher: Cambridge : Cambridge University Press,

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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.

Does God believe in human rights? : essays on religion and human rights
Authors: --- ---
ISSN: 18717829 ISBN: 9004152547 9789004152540 9786611926120 1281926124 9047419065 9789047419068 9781281926128 6611926127 Year: 2007 Volume: 5. Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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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.

Forgiveness, mercy, and clemency
Authors: ---
ISBN: 0804767920 1435608844 9781435608849 0804753326 9780804753326 0804753334 9780804753333 Year: 2007 Publisher: Stanford, Calif. : Stanford University Press,

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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.

Forgiveness and Christian ethics
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ISBN: 9780511488320 9780521878807 9780521147774 0511488327 9780511342592 0511342594 0511340958 9780511340956 0511341539 9780511341533 0521878802 1281085170 9781281085177 9786611085179 6611085173 1139133217 9781139133210 0511342063 9780511342066 110718357X 0521147778 Year: 2007 Publisher: Cambridge : Cambridge University Press,

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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.

Ending Slavery : How We Free Today's Slaves
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ISBN: 1282762389 9786612762383 0520934644 1435611519 9780520934641 9781435611511 9781282762381 6612762381 9780520254701 0520254708 Year: 2007 Publisher: Berkeley, CA : University of California Press,

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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.

Transitional amnesty in South Africa
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ISBN: 9780521878296 0521878292 9780511495120 9781107404014 1107404010 1107183383 9786611243593 0511378173 0511377304 0511495129 0511374828 1281243590 0511376367 0511379064 9780511379062 9781107183384 9781281243591 6611243593 9780511378171 9780511377303 9780511376368 9780511374821 Year: 2007 Publisher: Cambridge : Cambridge University Press,

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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.

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