Recent decades have seen a considerable and progressive increase in historical claims. Within the context of colonialism criticism, but also outside this sphere, numerous politicians, collectives and intellectuals have emerged to denounce certain acts of the past, demanding recognition and repentance that would compensate for these past affronts. In this article we will analyze one of these cases: the demand for an apology from Spain and the Vatican by the President of Mexico, López Obrador. Taking as a guide the (...) debate around the ethical problem of non-identity, we will see what ethical and metaphysical assumptions serve as the basis for these claims. We will also assess whether the claims of the so-called «historical victims» are consistent and ethically acceptable. (shrink)

A contribution to the sixth installment of the Common Knowledge symposium “Apology for Quietism,” this article reflects on the challenges that understanding the Holocaust posed for Jews in Palestine and has posed for them in Israel. Ofer concentrates on the images of victims, fighters, and survivors as they were formulated during the last years of World War II and after the establishment of the State of Israel. Behind these images stood historical, concrete human beings who were classified according (...) to concepts supplied by Zionist and historical Jewish culture, in which activism vs. quietism had long presented major issues for debate. A narrative and typology developed of fighting heroes, victims, and survivors; Ofer questions how different these categories were from each other. In pursuit of an answer, she examines institutions in Israel for commemoration and remembrance, especially Yad Vashem, a state-established institution centering on its often-reconfigured and redesigned historical museums. Finally, this article explores the impact of immigrations and wars on the approach of Israelis to activism and quietism, with special reference to attitudes toward the Holocaust. (shrink)

Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the female rape (...) victim and her associated stereotypical image should be considered not solely as a legal derivative but also within a wider cultural context. This article explores the historical influences that shaped the cultural construct operating in the U.K., in particular, the societal and legal attitudes of the mid-Victorians towards women and sexual violence, creating an historical mystification around the construct of the female rape victim and the crime of rape itself. Reference is made to a number of cases reported in The Times newspaper between 1850–1885 which underline the requisite portrayal of the rape complainant as an unequivocal victim. It is argued that the relocation of this historical and socially constructed mythological imaginary within the context of the law and the trial process has disproportionately contributed to the modern scepticism which surrounds the female complainant. (shrink)

When states are required to compensate victim groups for the historic wrongs they have committed, how should the compensation due be calculated? It seems that alongside the counterfactual world in which the wrongdoing never occurred, we should also consider the counterfactual world in which the wrongdoing has occurred, but the victims have responded to it in a prudent way. Under tort law, the damages a victim can claim are reduced if they are judged to have been contributorily negligent, thereby (...) exacerbating the harm they have suffered. The paper considers four reasons why victim groups could not be expected to respond collectively to injustice in a way that outsiders might judge to be prudent. 1. The wrongdoing has destroyed their capacity to act as a group agent. 2. The wrongdoing has inflicted psychological traumas that lead them to make poor decisions. 3. They would need to violate a moral norm that is deeply embedded in their culture. 4. They would need to adopt policies that risk inflicting severe injustice on an internal minority. In many instances of historic injustice, one or more of these reasons apply. So although in principle victims’ behaviour is relevant when compensation is being calculated, we must be very cautious in using that doctrine to assess real cases. (shrink)

Claudian's poem In Rufinum is a historical epic with at least two unusual features: the first book contains many of the standard elements of a formal invective, and the two books were composed and recited some eighteen months apart, since Book One celebrates the death of Rufinus on 27 November 395 as a very recent event, while the preface to Book Two refers explicitly to Stilicho's expedition to Greece in 397. The interval in composition is matched by a gap (...) in content: Book One treats Rufinus' career down to 393, with some forward references to 395, explicitly marked as such, while the narrative of Book Two begins from the death of Theodosius on 17 January 395 and ends with the lynching of Rufinus on 27 November 395. Claudian thus omits any account of Rufinus' activities during the campaign of Theodosius against Eugenius in 394 and the emperor's last months in Italy. Claudian's careful chronological ordering of his material is deliberate, but since it has been obscured in recent discussions of the In Rufinum, it needs to be reinstated. (shrink)

Claudian's poem In Rufinum is a historical epic with at least two unusual features: the first book contains many of the standard elements of a formal invective, and the two books were composed and recited some eighteen months apart, since Book One celebrates the death of Rufinus on 27 November 395 as a very recent event , while the preface to Book Two refers explicitly to Stilicho's expedition to Greece in 397. The interval in composition is matched by a (...) gap in content: Book One treats Rufinus' career down to 393, with some forward references to 395, explicitly marked as such , while the narrative of Book Two begins from the death of Theodosius on 17 January 395 and ends with the lynching of Rufinus on 27 November 395. Claudian thus omits any account of Rufinus' activities during the campaign of Theodosius against Eugenius in 394 and the emperor's last months in Italy. Claudian's careful chronological ordering of his material is deliberate, but since it has been obscured in recent discussions of the In Rufinum, it needs to be reinstated. (shrink)

Switzerland is internationally known for its progressive animal laws and for its innovative tools in law enforcement. In 1992, the Canton of Zurich introduced a public lawyer vested with the task of representing animals’ interests in criminal procedure, known as the Animal Protection Lawyer. The APL had the power to access information about court proceedings, study pending court cases, and intervene on behalf of victim animals. This enforcement tool set a precedent across the world. It amounted to a recognition of (...) animals as de facto victims and created an “equality of arms” for human and animal parties in criminal procedure. In a historic move in 2014, the Zurich parliament removed the APL from office—by mistake, as some maintain. Meanwhile—unnoticed by many—the Canton of Berne maintained a state agency vested with the very same powers as those the APL had, called the Dachverband Berner Tierschutzorganisationen. Though the DBT operated as an established agency for over 2 decades, in August 2017, a criminal court in Berne denied the DBT standing, arguing that the laws conferring on it the right to represent animals violate the federal law on criminal procedure. In July 2018, the Supreme Court delivered its judgment, and effectively stripped the DBT of its rights to represent animals in criminal proceedings. This article describes these recent shifts in criminal animal law in detail and analyzes the sociopolitical factors that gave rise to them. Special attention is paid to the question of what is left for Switzerland as a role model in animal law given ongoing deregulations, particularly as recent cases in the United States point to an incremental emancipation of animals as victims. The article discusses current alternatives to the APL and the DBT and puts their promises under scrutiny. The analysis reveals that these alternatives skirt the main obstacles faced by animals in criminal procedure and threaten the democratic will of the Swiss people. Two alternatives are discussed that can help Switzerland overcome its insufficiencies: the organizational right to appeal and victim rights for animals in criminal procedure. Using these alternatives, the article calls for the global emancipation of animals as the proper victims of crimes and for furnishing them with correlating rights to enforcement, including rights to representation. (shrink)

In this article the author argues that men and boys have been historically and structurally rendered an invisible group of victims in international human rights and policy responses towards conflict-related sexual violence stemming from the United Nations. The apparent female-focused approach of instruments on sexual violence is criticized followed by a discussion – through analysis and interviews with legal scholars and champions for the recognition of male survivors’ experiences – of the first ‘emergence’ of male victims in these (...) instruments and key actors involved in this process. The existing serious dichotomy between visible and invisible victims is prominently based on their ‘gender identity’ and leads to structural discrimination of male victims of rape or other forms of sexual violence. To overcome this situation and develop more inclusive instruments, a reconceptualization is needed of the meaning and use of words like ‘gender’ and ‘gender-based violence’. Additionally, a more intersectional approach to sexual violence should be adopted, understanding that victims have a multitude of identities such as ethnicity or religious affiliation that make them particularly vulnerable to suffering. (shrink)

Using the infamous research studies in Tuskegee and Guatemala, the article examines the difference between victims and bystanders. The victims can include families, sexual partners, and children not just the participants. There are also the bystanders in the populations who are affected, even vaguely, decades after the initial studies took place. Differing reparations for victims and bystanders through lawsuits and historical acknowledgments has to be part of broader discussions of historical justice, and the weighing of (...) the impact of racism and imperial research endeavors. (shrink)

It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...) that historic injustices can meaningfully be corrected, or compensated for, and there are several arguments why, even in cases where there is a prima facie moral case for compensation, repatriation might not be a legitimate means of remedy. In order to bring analytical clarity to the issue, this paper discusses the various steps of the argument that must be addressed in order to ground a valid repatriation claim based on historic injustices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SENOR HIRSCH AS SACRIFICIAL VICTIM AND THE MODERNISM OF CONRAD'S NOSTROMO Andrew Bartlett University ofBritish Columbia One of René Girard's more pithy definitions of mimetic desire reads: "The model designates the desirable while at the same time desiring it. Desire is always imitation ofanother desire, desire for the same object, and, therefore, an inexhaustible source of conflicts and rivalries" {Double Business Bound 39). The notation that desire is an (...) "inexhaustible" source of conflicts hints at the political pessimism expressed more openly elsewhere in Girard's writing. In 1961, he said it like this: "Whatever political or social system is somehow imposed on them, men will never achieve the peace and happiness of which the revolutionaries dream, nor the bleating harmony which so scares the reactionaries. They will always get on togetherjust enough to enable them never to agree" (Deceit 110-11). This is a Girard who, suspicious of political rhetoric, speaks with audacious cynicism even of democracy: "Who is there left to imitate after the tyrant? Henceforth men shall copy each other... Democracy is one vast middle-class court where the courtiers are everywhere and the king is nowhere" (Deceit 119). This Girard has remained consistent in his thematization of the impurity of all political compromises: "men are only capable ofreconciling their differences at the expense of a third party. The best men can hope for in their quest for nonviolence is the unanimity-minus-one ofthe surrogate victim" (Violence 259). Girard's political skepticism seems to be a result of his conviction that arbitrary victims ofviolent unanimity are the "ingredient" in political thought that allows each community to be flattered by the illusion of its political innocence, the illusion of the justifiability of its violence. 48Andrew Bartlett Modem political thought cannot dispense with morals, but it cannot become purely moral without ceasing to be political. Another ingredient must therefore be mixed with morals. If we really tried to identify what this is we would inevitably end up with formulas like Caiaphas': "It is better that this man or those die so that the community may survive" (Scapegoat 116). Political institutions, in establishing power relations between dominant and subordinate people, always exercise force, violence (Beetham 47-48). A perfectly moral politics seems as impossible as a perfectly nonviolent politics. Girard's refusal to plant his feet in the wet cement of any single political party's rhetoric is the outcome, in part, of his preference for a religious perspective on human affairs. The religious is his fundamental category ofanalysis; and religion in Girard's view is not an unenlightened form of belief to be superseded by political wisdom, but rather the fundamental mode of human social organization, the political only a secular displacement of it. I hasten to add that Girard's pessimism about political arrangements arises not from any stoical indifference to their victims, but rather from his respect for victims—a respect that is finally religious in character. A related sub-clause of Girard's political pessimism is the incompatibility ofmimetic theory and "identity politics," broadly defined so as to include nationalist or ethnic politics based on historical grievances and desires for vengeance. I have in mind here Girard's idea that the distinct identity of the surrogate victim is not strictly relevant to the effects of collective violence. Violence belongs to all men, and thus to none in particular. It is futile to look for the secret ofthe redemptive process in distinctions between the surrogate victim and other members of the community. The crucial fact is that the choice ofthe victim is arbitrary (Violence 257). The stabilizing effects of political scapegoating thus depend on the degree of unanimity in the community's violence, not on the identity ofthe victim. The identity of the sacrificial victim is not essential in scapegoating; the essential in scapegoating is the unanimity ofthe collective violence itself (cf. Violence 84, 150). Perhaps because of this priority of violent unanimity over victim identity, Girard has measured his distance from specific political causes (Scapegoat 19-20). We must confront what I would call the formal equivalence of scapegoats. The arbitrary victim of a sacrificial political process may be anyone: scandalously rich or scandalously... (shrink)

Should the current members of a community compensate the victims of their ancestor’s emissions of greenhouse gases? I argue that the previous generation of polluters may not have been morally responsible for the harms they caused.I also accept the view that the polluters’ descendants cannot be morally responsible for their ancestor’s harmful emissions. However, I show that, while granting this, a suitably defined notion of moral free-riding may still account for the moral obligation of the polluters’ descendants to compensate (...) the current victims of their ancestors’ actions. A concept of transgenerational free-riding is defined. Objections to the idea of using free-riding as part of a theory of justice are rejected. Two different views of moral free-riding are contrasted, with consequences for the amount of compensation to be exigible from the polluters’ descendants. Some final considerations are devoted to the possible relevance of this free-riding-based view for other issues of historical injustice. (shrink)

The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding them. In (...) this chain of injustices each failure to provide rectification to one is the source of wrongful harm to the next. Such chains form a "bridge" between the historic wrong and the harm suffered by living individuals. I call this approach the subsequent-wrong solution (SWS). I argue that bypassing the non-identity argument in this way is problematic. First, SWS cannot justify rectification in seemingly legitimate historic-justice claims, such as historic wrongs generating delayed harms that skip generations. Second, SWS justifies rectification for the wrong reasons, denying the essence of historic-justice claims: that past wrongs, for which original wrongdoers are responsible, harm descendants of original victims. Finally, SWS does not fully account for group membership's role in historic injustice, unable to distinguish between claims of descendants of historic victims and claims made by others with unrelated interests in the rectification of the previous generation. A supplementary solution is needed, focusing on the role of group harm and group membership. The plausibility of this approach, tying individual harm to group harm, derives from these three limitations of the subsequent-harm solution. I give a rudimentary account of what such a solution would look like. (shrink)

What is it to do justice to the absent victims of past injustice, given the distance that separates us from them? Grounded in political theory and guided by the literature on historical justice, W. James Booth restores the dead to their central place at the heart of our understanding of why and how to deal with past injustice. Testimonies and accounts from the race war in the United States, the Holocaust, post-apartheid South Africa, Argentina's Dirty War and the (...) conflict in Northern Ireland help advance and defend Booth's claim that caring for the dead is a central part of addressing past injustice. Memory, Historic Injustice, and Responsibility is an insightful and original book on the relationship of past and present in thinking about what it means to do justice. A valuable addition to the currently available literature on historical justice, the volume will be of great interest to students and scholars of political science, philosophy, history, and law. (shrink)

Do future generations of a wrongdoing group have a responsibility to preserve the memory of the past? If so, what manner of responsibility is it? In this essay, I critically examine the categories of forward-looking and backward-looking collective responsibility to see what they might offer to this discussion. I argue that these concepts of responsibility are ambiguous in ways that threaten to prevent important questions from being raised. I draw my examples from contemporary German practices of preserving the memory of (...) the Holocaust and World War II, especially the stolpersteine, which are memorial plaques for individual victims embedded in the sidewalks of German cities. (shrink)

My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized (...) anymore; and finally, because of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

The sexual abuse scandal in the Catholic Church captured headlines and mobilized public outrage in January 2002. But much of the commentary that immediately followed was reductionistic, focusing on single "causes" of clerical abuse such as mandatory celibacy, homosexuality, sexual repressiveness or sexual permissiveness, anti-Catholicism, and a decadent secular culture. _Predatory Priests, Silenced Victims: The Sexual Abuse Crisis and the Catholic Church_, a collection of groundbreaking articles edited by Mary Gail Frawley-O'Dea and Virginia Goldner, eschews such one-size-fits-all theorizing. In (...) its place, the abuse situation is explored in all its troubling complexity, as contributors take into account the experiences, respectively, of the victim/survivor, the abuser/perpetrator, and the bystander. Setting polemics to the side, _Predatory Priests, Silenced Victims_ provides a sober and sobering analysis of the interlacing historical, doctrinal, and psychological issues that came together in the sexual abuse scandal. It is mandatory reading for all who seek thoughtful, informed commentary on a crisis long in the making and yet to be resolved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE MOB AND THE VICTIM IN THE PSALMS AND JOB Robert Hamerton-Kelly Woodside Church IrecaiI a passage from Elie Wiesel's novel, Night, where, looking at the frail body of a young boy writhing on the gallows—his body weight was too light to kill him outright when he dropped through the trap door—someone asksthe narrator, "Where is nowyourGod?" This question is often on my mind, not least because for the (...) last seven years ofmy tenure at Stanford I studied ethnic conflict and filled my mind with the most discouraging images. I found myselfsaying on occasion that I felt ashamed to be a human being, which was only a slight exaggeration. I noted with wry amusement that a few years ago it was reported that the wolves were fleeing from the Caucasus in great numbers because ofthe human violence there, a sad irony in the light of Thomas Hobbes' motto, Homo homini lupus. I had long suspected thatthat was an insult to wolves, and now I had the proof. Lately we have Philip Gourewitch's new book on the Rwanda holocaust of 1994, where they killed one million people in ten weeks, not with weapons ofmass destruction butwith machetes and clubs primedwith six-inch nails, and Rwanda is a Christian country. The voice ofconscience cries out, "Where is our God?" in all this; why does He spend his time causing statues to ooze oil in suburban Massachusetts rather than defending the children of Kosovo against depraved nationalists.1 It is some comfort that the psalmist cried the same question and thus provides a convenient way into a meditation on violence in the Psalms. It occurs first in 42,3: "I have no food but tears / day and 1I refer to the phenomena reported in connection with the comatose teenage girl, Audrey Sosa, who is believed by some to be a channel for miracles. 152Robert Hamerton-Kelly night:/ and all day long men say to me,/ Where is now your God?" and again at 42,10, "Nearly breaking my bones / my oppressors insult me / as all day long they ask me / Where is now your God?" In 79, 10 it occurs in a national lament, "Why should the pagans ask, Where is their God?" and this recalls two prophetic oracles, in Joel 2,9, "Spare yourpeople Yahweh!/ Do not make your heritage a thing of shame, a byword for the nations./ Why should it be said amongthe nations,/ Where is their God?" and Micah 7,10 "When my enemy sees it (my vindication)/ she will be covered with shame,? she who said to me: Where is Yahweh your God?" So there are two classes of such sayings, one by an individual and one by the nation. Much ink has been spilled on the questions, Who is the victim?, and Who are the enemies? The answers have canvassed all the possibilities from the lone individual beset by spiritual temptations, or David himselfin his days and nights as a fugitive, to the nation beset by rival nations.2 The victim surrounded by persecutors is clearly a major category in the Psalms, present in two thirds ofthe collection; one hundred out ofthe one hundred and fifty explicitly or implicitly refer to a victim surrounded by enemies.3 Let me cut to the chase and recall that according to René Girard's mimetic theory, which I take as a point of departure, the situation of the victim surrounded by a mob ofenemies is a structural not an historical situation.4 The deep structure ofhuman history is a victim surrounded by the mob, a lamb slain since the foundation ofthe world. This deep structure controls the shape of emergent history but that emergence conceals its deep structure by turning history into myth. Myth covers up the blood stains and stifles the voice of the victim, myth accuses the victim, presents the victim as guilty or willing and the persecutors as innocent. To this day much that claims to be history is really myth. History happens only when the voice ofthe victim comes to word, and for that reason the gospel is irreducibly history and not myth. The 2Raymund Schwager (53ff) gives the following information... (shrink)

Some claim slavery did not harm the descendants of slaves since, without slavery, its descendants would never have been born and a life worth living, even one including the subsequent harms of past slavery, is preferable to never having been born at all. This creates a classic puzzle known as the non-identity argument, applied to reject the validity of claims for historic justice based on harms to descendants of victims of historic wrongs: since descendants are never harmed by historic (...) wrongs, they have no right to rectification. This conclusion is unintuitive. This article explains the nature of harm involved in historic injustice, overcoming the hurdle the non-identity argument poses to historic justice claims. Historic injustice and the harms it generates are best understood as group harms. Claims for historic justice can be grounded in harms currently living individuals suffer as a function of the harms their group or community currently suffers as a consequence of historic wrongs. One form of harm, constitutive harm, differs from the aggregative account of harm assumed by the non-identity argument and is immune to it. It is the type of harm people suffer as members of certain historically wronged groups and communities. Therefore, the constitutive harm people suffer in cases of historic injustice may serve as a basis for justifying claims for historic justice. (shrink)

We are told the academic ideal is that all voices have equal claim to attention. But this excludes the voices of the poor and marginalized, who lack theresources to be heard. They are the victims of historical forces over which they have no control, while a kind of “economic fundamentalism” infects first-worldattitudes toward markets and free trade, widely viewed as capable of automatically solving the problems of the Third World. But the earth does not possess theresources to allow (...) everyone to enjoy a first-world standard of living. We can help only those with whom we share moral community. The issue is the recognition ofthe other as a fellow human. Taking the victims’ side, modeling the world from the perspective of the reality that daily oppresses them, transforms both the victimsand ourselves. This change in perspective will not be easy. The movement from observer to participant in the struggle of the poor cannot help changing the waywe relate to our students and what we understand by “education.”. (shrink)

Many have argued that certain statues or monuments are objectionable, and thus ought to be removed. Even if their arguments are compelling, a major obstacle is the apparent historical value of those commemorations. Preservation in some form seems to be the best way to respect the value of commemorations as connections to the past or opportunities to learn important historical lessons. Against this, I argue that we have exaggerated the historical value of objectionable commemorations. Sometimes commemorations connect (...) to biased or distorted versions of history, if not mere myths. We can also learn historical lessons through what I call repudiatory honouring: the honouring of certain victims or resistors that can only make sense if the oppressor(s) or target(s) of resistance are deemed unjust, where no part of the original objectionable commemorations is preserved. This type of commemorative practice can even help to overcome some of the obstacles objectionable commemorations pose against properly connecting to the past. (shrink)

This article examines the concept of historical injustice in the context of contemporary political theory. It examines the moral consequences of historical injustice for the descendants of both the perpetrators and the victims and outlines the six questions that any plausible defence of the idea of making reparations for past injustices must deal with. It suggests that taking historical injustice seriously is compatible with moral cosmopolitanism and it also helps with the understanding the nature of various (...) kinds of inequalities that persist today. (shrink)

This article discusses together two recent prize-winning works of epic proportions that have received much attention: Saul Friedländer’s two-volume historical study Nazi Germany and the Jews and Jonathan Littell’s novel Les Bienveillantes , the former of which focuses on victims and the latter on perpetrators of the “Final Solution.” I provide a critical analysis of Littell’s novel, especially with respect to its seemingly fatalistic mingling of erotic and genocidal motifs and its disavowal or underestimation of the difficulty and (...) necessity of understanding victims of the Nazi genocide. My analysis raises the question of the extent to which the notoriety of the novel may be due to the way it instantiates influential approaches to both literature and the Holocaust in terms of an aesthetic of the sublime, excess, radical ambiguity , and fatalistic entry into an incomprehensible “heart of darkness.” Crucial here is the notion that an object both demands representation or explanation and ultimately is beyond comprehension, narrative, or even words. I also reevaluate the bases for the justified praise accorded Friedländer’s masterwork and question certain claims made on its behalf by commentators, especially with respect to literary and historiographical innovation. In so doing, I explore and defend the role of critical theory in relation to historical narrative. (shrink)

Although many facets of Lev Vygotsky’s life have drawn considerable attention from historians of science, perhaps the most popular feature of his personal narrative was that his work was actively chastised by the Stalinist government. Almost all contemporary references to Vygotsky’s personal history emphasize that from 1936 to 1956, it was forbidden to either discuss or disseminate any of Vygotsky’s works within the Soviet Union. Although this ‘Vygotsky ban’ is both widely acknowledged and frequently cited by a variety of scholars, (...) the exact nature of this alleged Communist party censure has received far less historical attention. Through focusing on the logistics of Soviet ‘bans,’ this article attempts to shed light on this historical mystery and augment the growing body of revisionist literature that serves to deconstruct the mythologized persona of Lev Vygotsky. (shrink)

I argue that changes in the numerical identity of groups do not necessarily speak in favour of the supersession of some historical injustice. I contend that the correlativity between the perpetrator and the victim of injustices is not broken when the identity of groups changes. I develop this argument by considering indigenous people's claims in Argentina for the injustices suffered during the Conquest of the Desert. I argue that present claimants do not need to be part of the same (...) entity whose members suffered injustices many years ago. For identifying the proper recipients of reparation, all that is necessary is that the group who suffered the historical injustice under consideration has survived into the present. I also support a view upon which present living members of a certain group have reasons to redress those injustices perpetrated by their predecessors if they are relevantly connected with each other. In particular, by relying on the notion of collective inheritance, I argue that if present-day members of a certain group claim that they are the continuation of the group whose past members bequeathed them certain goods, they cannot consistently reject such a membership when the very same people legated them certain evils. (shrink)

The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case (...) of historical injustices situated more remotely in time, through the means of selective reparations, such as restitutions or compensations. For, even though they are justified from the perspective of rectificatory justice, selective reparations do not fulfill the requirements of social justice. Rather, I argue that the fall of the Romanian communist regime should have been followed by an equal distribution of all properties illegitimately seized by the state, to all adult Romanian citizens at that time, in order to attain the imperative of equal distribution of property among all citizens. The equal distribution thesis is the only way through which the Romanian society could have complied, at that moment of political and social renewal, with the requirements of justice. I also aim at explaining why other principles of justice, which either have or could have been implemented, cannot be properly justified. Finally, I analyze two main objections which could be invoked against my thesis, namely the economic efficiency objection and the legal realist objection. (shrink)

In societies that have failed to confront past injustice, the most common justifications for the inclusion of history education within the school curriculum invoke the idea that those who cannot learn from the past are doomed to repeat it; or they appeal to goals such as reconciliation, or to the importance of recognizing and morally redressing the harm done to victims. These justifications are all sound and important. However, they must be supplemented with a justification of a different kind, (...) one that appeals to a different kind of value, namely that of personal and political autonomy. When historical injustice is left unaddressed in school, so this paper argues, all children and adolescents are wronged, including those who were not involved in, or were directly affected by, past injustice. This is not simply because as a result they run the risk of repeating, or of being the victims of, behavior that caused past violence; or because without history education the harm done to their predecessors is left unacknowledged. They are wronged because ignorance of past injustice curtails the full exercise of their autonomous agency. It does so by denying them access to information that is crucial for evaluating their values and commitments. History education in schools can avoid this scenario, promoting autonomy instead. (shrink)

This essay’s starting point is Judith Shklar’ diagnosis of a pathology marring democratic societies: complex injustices passing as “misfortunes” that nobody feels responsible for. I propose that denunciations can reveal the political nature of the suffering that everyone conveniently ignores, thus advancing democratic accountability. While denunciations can target various invisible injustices and take many forms, this essay deals with the case of societies with an unmastered past of violence. In order to avoid taking responsibility for the plight of victims, (...) the past is often redescribed in the language of “catastrophe” or “necessity.” Building on Hannah Arendt’s views on spectatorship and storytelling, this essay analyses theatrical denunciations addressing the wider community. Theatre—professional or amateur—can repoliticise neutralised areas of social interaction and transform passive onlookers into reflective spectators. The Argentinean performance of escraches and Thomas Bernhard’s play Heldenplatz are discussed as examples of successful political denunciations communicated in dramaturgical form. (shrink)

En los procesos sociopolíticos de superación de los conflictos armados, la recuperación de la Memoria histórica está ocupando un lugar central debido al papel que está juega para una efectiva reconciliación donde la verdad, la reparación y el perdón forman parte de ese proceso. La experiencia cristiana, como comunidad de memoria tiene mucho que aportar en la medida que articule la reflexión crítica sobre qué memoria, desde dónde, desde quiénes; con el potencial liberador del Dios que se pone del lado (...) de las víctimas y desde ellas no deja que se olvide su dolor sino que busca transformarlo. Además incorporar la perspectiva de género, permite reconocer las diferencias genéricas que influyen en la recuperación de la memoria histórica. Mostrar la relevancia de estas articulaciones, es el propósito de este artículo con la invitación a transformar la pastoral urbana que pretende acompañar a las personas en situación de desplazamiento. In socio-political processes of overcoming armed conflict, the Historical Memory is taking a central point because of the role it plays for effective reconciliation where "truth, reparation and forgiveness" are part of that process. Christian experience, as memory community has much to contribute to articulate the critical reflection about what memory, from where, from whom; with the liberating potential of the God who takes the side of the victims and doesn’t allow to forget them neither their pain and seeks transformation. Besides, incorporate the gender perspective, allow to recognize the gender differences and their influences in the recovery of historical memory. Show the relevance of these articulations is the purpose of this article with an invitation to transform urban pastoral in order to support displaced people. (shrink)

In a range of peace process scenarios, the expert’s knowledge has become a fundamental tool for generating information systems as a mechanism for the storage and circulation of data. These information artifacts are supposed to faithfully document situations of human rights violations and contribute to the design of public policy and the construction of collective memory. Following Latour’s (1993) original coinage of the term coproduction, this paper analyzes how the Inter-Institutional System of Information for Justice and Peace (SIIJYP)1 was designed (...) to define victims of war and means of reparation from the State in Colombia. From an actor network theory perspective, we explain how victimizers become the main beneficiaries of the application of the SIIJYP. To comprehend this unintended social impact of the technological artifact and how it becomes an artifact that functions as an aseptic mediator of the historical-judicial truth, and the policy of transitional justice, we examine the relations between human and nonhuman actors, how information is collected, organized, hierarchized, and negotiated, as well as the consequences of the technical and legal construction of the notion of victims of war. (shrink)

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who are governed. (...) These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

Non-recent (historic) childhood sexual abuse is an important issue to research, though often regarded as taboo and frequently met with caution, avoidance or even opposition from research ethics committees. Sensitive research, such as that which asks victim-survivors to recount experiences of abuse or harm, has the propensity to be emotionally challenging for both the participant and the researcher. However, most research suggests that any distress experienced is usually momentary and not of any clinical significance. Moreover, this type of research offers (...) a platform for voices which have often been silenced, and many participants report the cathartic effect of recounting their experiences in a safe, non-judgemental space. With regard to the course of such research, lines of inquiry which ask adult participants to discuss their experiences of childhood sexual abuse may result in a first-time disclosure of that abuse by the victim-survivor to the researcher. Guidance about how researchers should respond to first-time disclosure is lacking. In this article, we discuss our response to one research ethics committee which had suggested that for a qualitative study for which we were seeking ethical approval (investigating experiences of pregnancy and childbirth having previously survived childhood sexual abuse), any disclosure of non-recent (historic) childhood sexual abuse which had not been previously reported would result in the researcher being obliged to report it to relevant authorities. We assess this to be inconsistent with both law and professional guidance in the United Kingdom; and provide information and recommendations for researchers and research ethics committees to consider. (shrink)

The Bhagavadgītā is often considered the holiest text of Hinduism. It was commented by a legion of commentators, and a number of philologists, starting with Wilhelm von Humboldt, tried to establish the layers of its text, which shows traces of several redactions. Some scholars noticed some seams in the text correctly, and some came close to a general picture of the text history. On the other hand, many scholars were discouraged by the uncertainties in the investigation of the text history (...) and preferred to interpret the Gītā as an indivisible whole. However, between the 1970s and 2009, it was possible to come to very precise results concerning the textual layers of the Bhagavadgītā, which were internationally largely accepted since ca. 2000. These results imply that, over time, views of several philosophical systems were incorporated into the poem, as well as polemics with different doctrines. The teachings and exhortations conveyed by the poem are very synthetic and innovative because they are derived from a very complex set of premises. These results of text analyses have been, on the one hand, accepted by a number of prominent scholars worldwide, but, on the other hand, fiercely contested by some Western post-modernist scholars of religion and by some scholars of Indian origin sensibilised negatively against Western scholarship. What they lack in their reading of the Bhagavadgītā can best be made clear by means of the comparison with a visitor to an artistic monument of a religious character, which underwent centuries of modifications, like the Split cathedral. If such a visitor considered that the sanctity and artistic credibility of a monument depended on its being completely constructed at one stroke by a single architect with a single conception, he would miss the complex, sometimes even polemical, rich and impressive way in which such a monument conveys its messages. This is the fruit of the long and complex history of the Split cathedral, that was first built as the mausoleum of a Roman emperor, and later turned into the church consecrated to his victims, passing thereafter through many subsequent modifications and ‘reinterpretations’. In the history of art, such prejudices are not as common as they are in the study of sacred texts. That is why a suitable example of a monument having religious character, like the Split cathedral of the Assumption of Virgin Mary, also consecrated to Diocletian’s victims Domnius and Anastasius, can best illustrate how we should understand a literary monument of a religious and philosophical character, like the Bhagavadgītā, which underwent a comparably complex history. (shrink)

This was a public talk given in the spring of 2013 during sexual assault awareness week. I believe roughly 800 attended. The philosophy dept was NOT expecting that but at any rate, this is the gist: While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex positive feminists" whose proponents (...) had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. (shrink)

During the 1990s, the Berlin women’s prison was reformed to do justice to female inmates. This redesigning of space and programs was intended to meet women-specific conditions and needs. The present paper engages with this prison reform as transformation in the name of gender justice. Based on interviews with prison reformers, criminologists, and policymakers, as well as on the analysis of historical documents, we illuminate how a specific figure of the “criminalized woman” helps to translate the abstract notion of (...) social justice into situated practice. From the 1970s onward, a new knowledge of women’s crime would emerge: it constituted female offenders as victims of patriarchal oppression and victimization, allowing the prison system to be criticized as androcentric and discriminatory against women. We argue that subsequent reform pursued gender justice in the form of difference-based, gender-responsive programs and spaces targeting individual inmates’ character and mindset. Thereby, the reformers’ initial critique of social justice would be unintentionally depoliticized and so gender, economic, and political inequalities remained unaddressed. Our purpose is hence twofold: first, to review the recent history of women’s incarceration in Germany, and second, to add a social justice focus to the international criminological debate on gender, prison, and reform. (shrink)

There is a wide spectrum in reading Michael Ondaatje’s novel Anil’s Ghost, ranging from thinkers who explore literary, historical, to ethico-ontological and political aspects. I confine the study by strictly retrieving the subjectivity of the human rights victim as not rested in its being a subject and victim, hence as a specter that haunts or ‘retaliates’ into exposing its victimization. This article attempts to read the spectral nature of this victim using Derrida and Žižek. The Derridean reading grounds the (...) central spectrality on his hauntology and what it says about the victim’s ghostly character. Later, I expound on the act of haunting from a Žižekean standpoint by hinging on the notion of ‘drive’ that exposes the nature of victimization as depoliticizing the subject. (shrink)

_Asian-American Education: Historical Background and Current Realities_ fills a gap in the study of the social and historical experiences of Asians in U.S. schools. It is the first historical work to provide American readers with information about highly individual ethnic groups rather than viewing distinctly different groups as one vague, global entity such as "Asians." The people who populate each chapter are portrayed as active participants in their history rather than as passive victims of their culture. (...) Each of the twelve country-specific chapters begins with a description of the kind of education received in the home country, including how widely available it was, how equal or unequal the society was, and what were the circumstances under which the emigration of children from the country occurred. The latter part of each of these chapters deals with the education these children have received in the United States. Throughout the book, instead of dwelling on a relatively narrow range of children who perform spectacularly well, the author tries to discover the educational situation typical among average students. The order of chapters is roughly chronological in terms of when the first sizable numbers of immigrants came from a specific country. (shrink)

‘Abdallāh b. ‘Abd al-Rahmān al-Nāṣir the son of ‘Abd al-Rahmān III is one of the figures who have remained unnoticed both in classical sources and in contemporary studies. Among the main objectives of this research are to compile and collect information about his life, about whom most of the historical sources of al-Andalus give little or no information. According to historical sources, ‘Abdallāh b. ‘Abd al-Rahmān opposed the appointment of his brother al-Hakam II as the heir apparent and (...) was alleged to have masterminded a coup d'état together with some prominent Shāfiʿi scholars of the time, therefore he was arrested at a date close to the Eid al-Adha of 338/950 or 339/951, and then was executed by his very father. However, was this short and seemingly biased narrative really a preparation for a coup d'état or a conspiracy against ‘Abdallāh and his proponents? Why did ‘Abd al-Rahmān not hesitate to make such a sad decision about his own son? So, within the framework of these and similar questions, to reveal the details of the event of ‘Abd al-Rahmān's disappearance by his father and the psychosocial reasons behind it in the light of the current data are among the aims of the research. (shrink)

All human beings--indeed, all creatures--experience evil in various forms. How can the hurtful and harmful aspects of life be understood and faced? What differing perspectives on evil can be gained from - Behavioral science and psychology - Biblical faith and the history of Christian thought - Contemporary thinkers - Religious traditions of the East In a constructive conclusion, Schwarz assesses the pervasiveness of evil, human freedom in the face of evil, the personification of evil, and the hope for the end (...) of evil. This book provides the basis of hope for a just and humane life. It is a book for our time. Evil is neither a primeval decree nor an inescapable fate but has its origin in a power that always denies or negates. While we are all caught in the dragnet of evil, we are not helpless victims, as if evil were simply an imperious it. We can fight evil and indeed should do so. --from the Preface Evil is a] comprehensive treatment of a complex and currently interesting subject. The historical and theological treatment will be as competent as everyone who has read a Schwarz book before will expect. In] the final chapter Schwarz concludes that]: evil exists as opposition to God in our natural world; humans participate freely in evil and morally transgress; a price is paid for choosing wrongly; evil will not necessarily continue in order to highlight the good by contrast; the liberated Christian bears good fruit amidst this evil; and God has set boundaries for evil that it cannot overstep. -- Pastor Ronald E. C. Grissom, St. Paul Evangelical Lutheran Church, Bridgeport, Ohio Hans Schwarz provides a kind of textbook history of the ways thinkers in our time have tried to account for evil. . . .The book is succinct, fair to its subjects, and helpful to those who want introductions to these hypotheses. -- The Christian Century Hans Schwarz is Professor of Systematic Theology and Contemporary Theology at the University of Regensburg, Germany. He is the author or editor of more than two dozen books. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Divine Emptiness and Historical Fullness: A Buddhist-Jewish-Christian Conversation with Masao AbeEdward L. ShirleyDivine Emptiness and Historical Fullness: A Buddhist-Jewish-Christian Conversation with Masao Abe. Edited by Christopher Ives. Valley Forge, PA: Trinity Press International, 1995. 272 pp.This book is a continuation of a discussion begun by Masao Abe in 1984, previous incarnations of which have been published elsewhere. In the present volume, Abe’s expanded essay serves as the (...) first part of a four-part book. The second part includes responses by six Jewish, Christian, and Buddhist thinkers. The third part is Abe’s responses to questions and criticisms raised in Part Two. The fourth part consists of critiques by Hans Küng and Wolfhart Pannenberg and Abe’s separate responses to each.Part One consists of Abe’s well-known essay, “Kenotic God and Dynamic Sunyata.” There are many issues that Abe raises in this essay, of which only two—his understanding of a self-emptying God and his interpretation of the Holocaust—raise any serious concerns among his responders. Abe begins his theological reflection on the self-emptying of God by focusing on the kenosis hymn of Philippians 2:5–11. Abe raises the issue of the kenosis of Christ from a moral to ontological level, asking whether the self-emptying of Christ in either the Incarnation or the Crucifixion can be understood apart from the self-emptying “nature” of the Logos itself. And then, upping the ante, he asks whether one can speak of the kenosis of Christ without also speaking of the kenosis of the God whom Christ reveals.Abe then turns his attention to the Buddhist idea of Sunyata and proposes that Sunyata, far from being either a static or merely negative term, is dynamic and positive. This, he believes, will help to distinguish the Buddhist notion of Sunyata from Nietzschean nihilism. Abe also writes of the place of human reason, free will, the concept of evil, and time and history in Buddhism. It is in this context that he addresses the question of the Holocaust, speaking of his own responsibility not in the sense of having been directly involved, but in light of “collective karma.” At the same time, he does not want to suggest joint responsibility of the victims in the ethical dimension, but rather that such solidarity is realized in what he terms “the most fundamental religious dimension,” this dimension being identical with dynamic Sunyata. [End Page 207]The second part of the book consists of responses by six religious scholars. The first two respondents write from a Jewish perspective. Richard Rubenstein begins by asserting that the Philippians hymn can be understood only in light of Paul’s Jewish-Christian experience of the Covenant. Next, Rubenstein turns to his primary concern, which is Abe’s treatment of the Holocaust. He begins by outlining various Jewish responses to the Holocaust and rejecting each of them. Like Abe, Rubenstein denies the continuity of the ethical and ultimate dimensions, and accepts ultimate reality as ultimate nothingness.Sandra B. Lubarsky also appreciates Abe’s concept of Sunyata, but for different reasons than Rubenstein. Lubarsky sees it as a healthy antidote to Jewish tendencies to absolutize the Jewish community, which has led to an idolization of the community. On the other hand, she questions the Zen assumptions that lie behind Abe’s treatment of history and justice. While there is a higher vantage point than the level of human understanding from which to understand historical events, this level is reserved for God alone and to pretend to that level is arrogant. Likewise, from a Jewish perspective, it is impossible to remove God from ethical considerations.Christian responses begin with those of Heinrich Ott, who argues that the proper locus of interreligious dialogue lies not in the discussion of doctrinal or philosophical similarities, but rather in similar psychological experiences. Ott finds something in Christian experience similar to Sunyata. From this starting point, he proposes a Christian understanding of Nothingness that encompasses both human interconnectedness as well as the interconnectedness of humans with nonhuman reality.Marjorie Hewitt Suchocki maintains that speaking of the self-emptying God revealed in the self-emptying Christ has... (shrink)

Mitter's study argues that until the late Qing, concepts of international order and justice were alien to China's imperial rulers. Subsequently, however, in the nineteenth and early twentieth centuries, China perceived itself to be the victim in an unjust world of aggressive, powerful, Western states. Contemporary Chinese perceptions of a just international order have been shaped by such past experiences and encompass a strong element of restitution. Its justice claims start with the Chinese state itself rather than with the needs (...) of a broader global community. (shrink)

Taking the neuro-turn is like becoming the victim of mind parasites. It’s unwilled . You can’t see mind parasites; they make you think things without allowing you to know why you think them. Indeed, they generate the cognitive inability to be other than delighted with the circumstances of your affected cognition. It’s not as if you can take off your thinking cap and shoo the pests away. You can’t see them—or even know that you could want to. You can’t stand (...) on the outside looking in at your cognitive processes. But historically speaking, you are also inside a culture and socioeconomic order that places the legitimacy of the neuro beyond critique. And the neuro-turn does more: it delegitimizes critique itself, at least as we have known it since Marx. This essay briefly explores how we got here, what the “here” is, and what its implications are for historical critique. (shrink)

Injustices of the past cast a shadow on the present. They are the root cause of much harm, the source of enmity, and increasingly in recent times, the focus of demands for reparation. In this groundbreaking philosophical investigation, Janna Thompson examines the problems raised by reparative demands and puts forward a theory of reparation for historical injustices. The book argues that the problems posed by historical injustices are best resolved by a reconciliatory view of reparative justice and an (...) approach that explains how people acquire intergenerational responsibilities and entitlements. It ranges in its subject matter from the claims of indigenous people to land stolen from their ancestors to the growing movement for reparations for slavery. The book provides an original and convincing answer to the questions of how citizens can have reparative responsibilities for wrongs committed before they were born, and why descendants of victims may be entitled to compensation for historical injustices such as slavery. It also explains how members of nations can make recompense for injustices of the past without ignoring the inequities of the present.Taking Responsibility for the Past is a significant contribution to philosophical and legal debates about reparative justice, and at the same time an accessible and thought-provoking book for general readers. (shrink)

Reflections about the role of human choice in determining personal health occur in the writings of practitioners and laymen throughout history. The Greek and Roman writers emphasized the effect of life's activities. During the Middle Ages and Renaisance, disease continued to be seen as a consequence of disorder of the bodily humors, which were under the individual's control. The rise of the paternalistic national regimes in Europe produced the view that society had the responsibility to maintain health. Jacksonian egalitarianism led (...) to a reaction against the agressive therapies of established professional experts, a view furthered by the Thomsonian belief that people should wrest control of their health away from orthodox physicians. Among the twentieth century reactions was the movement to urge people to have doctors evaluate laypersons' health. By the 1970s a movement emerged emphasizing again personal responsibility, which, in turn, produced a concern that this was merely "victim-blaming". Views on the role of lay people in determining personal health are heavily influenced by prevailing social, political, and moral climates. Keywords: "responsibility for health: social, personal, or professional?", "causes of illness", "self-reliant health care", historical influences, responsibility for health, "victim-blaming" CiteULike Connotea Del.icio.us What's this? (shrink)

The contemporary human rights movement holds up Nuremberg as a template with which to define responsibility for mass violence. I argue that the negotiations that ended apartheid—the Convention for a Democratic South Africa —provide the raw material for a critique of the “lessons of Nuremberg.” Whereas Nuremberg shaped a notion of justice as criminal justice, CODESA calls on us to think of justice as primarily political. CODESA shed the zero-sum logic of criminal justice for the inclusive nature of political justice. (...) If the former accents victims’ justice, the latter prioritizes survivors’ justice. If Nuremberg has been ideologized as a paradigm, the end of apartheid has been exceptionalized as an improbable outcome produced by the exceptional personality of Nelson Mandela. This essay argues for the core relevance of the South African transition for ending civil wars in the rest of Africa. (shrink)

Vesicovaginal fistula was a catastrophic complication of childbirth among 19th century American women. The first consistently successful operation for this condition was developed by Dr J Marion Sims, an Alabama surgeon who carried out a series of experimental operations on black slave women between 1845 and 1849. Numerous modern authors have attacked Sims’s medical ethics, arguing that he manipulated the institution of slavery to perform ethically unacceptable human experiments on powerless, unconsenting women. This article reviews these allegations using primary (...) class='Hi'>historical source material and concludes that the charges that have been made against Sims are largely without merit. Sims’s modern critics have discounted the enormous suffering experienced by fistula victims, have ignored the controversies that surrounded the introduction of anaesthesia into surgical practice in the middle of the 19th century, and have consistently misrepresented the historical record in their attacks on Sims. Although enslaved African American women certainly represented a “vulnerable population” in the 19th century American South, the evidence suggests that Sims’s original patients were willing participants in his surgical attempts to cure their affliction—a condition for which no other viable therapy existed at that time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 11.2 (2001) 115-116 [Access article in PDF] The Ethics of Medical Mistakes: Historical, Legal, and Institutional Perspectives Introduction In late 1999, the Institute of Medicine (IOM) released its report on medical errors, To Err is Human: Building a Safer Health System. The report estimated almost 50,000 deaths per year nationally due to medical mistakes, making it a leading cause of death. IOM speculated (...) that more than half of the deaths related to medical error are preventable. The IOM report shocked the public and medical professionals alike, sparking a national discussion of how to make the health care system safer. This multifaceted issue has profound implications for all aspects of health care, from the very personal--e.g., the relationship of caregiver and patient--to the societal--e.g., a nation's responsibility to its citizens.On 15 May 2000, the University of Pittsburgh Medical Center hosted an ethics conference devoted to the topic of medical mistakes. The goal was to bring together experts from various disciplines, before an audience of both providers and patients, to discuss medical mistakes and their implications. In this issue of the Kennedy Institute of Ethics Journal, we present selected papers resulting from that conference. These papers reflect not only the original oral presentations, but also much of the discussion those presentations generated. Three key perspectives on the ethics of medical mistakes are offered: historical, legal, and institutional.Rosa Lynn Pinkus offers a revealing historical perspective on the ethics of medical mistakes. In analyzing the history of mistake reporting in neurosurgery, she shows how the notion of a mistake developed only as the notion of a standard of practice emerged. Although much of managed care is directed toward systematically fostering a standard of care, this pursuit is relatively new in health care. One might speculate that as more standards are created, mistakes--defined as deviations from standard practice--must increase. If deviation from standard practice is overly castigated, however, then needed innovation in practice may be stifled. Interestingly, as Pinkus discusses, medical malpractice suits quickly followed the emergence of practice standards, driving the initial open reporting of mistakes underground. [End Page 115]Taking up the issue of medical malpractice, Thomas May and Mark Aulisio consider the ramifications of the current malpractice system for mistake prevention. The current system, they argue, while failing to adequately achieve its purported goals of deterring medical mistakes and compensating victims, itself creates a climate that deters the open reporting of mistakes by engendering fear and shame in clinicians. According to May and Aulisio, this failure to report medical mistakes openly has serious ramifications. Chief among these is the inability to do root cause analysis of mistakes, and then, where possible, to implement safeguards to minimize the occurrence of future mistakes. Ultimately, both the prevention of medical mistakes and the goals of malpractice litigation itself will be better served if substantial malpractice reform is undertaken.Andy Thurman argues that even in the current climate institutions ought to have a policy (and practice) of admitting to and openly reporting medical mistakes. Thurman argues that doing so not only is the right thing to do, but is also in the interest of institutions. Interestingly, he contends that failing to admit and openly report mistakes is both at odds with the mission of health care institutions and puts them at higher risk of litigation, and liability. In light of this, Thurman then suggests an institutional process for handling medical mistakes.Michael DeVita concedes that disclosing mistakes is widely supported by the health professionals' principles of ethics, but argues that there are a number of factors that conspire to make doing so a very difficult task. In analyzing an index case, DeVita contends that platitudes about being honest are not nearly enough to foster honest behavior and that policies that offer specific guidance on handling unfavorable events are needed in health care institutions.Finally, we conclude with the policy on disclosure of unfavorable events (this terminology is chosen because it includes both iatrogenic and natural diseases and conditions) that resulted from... (shrink)

Recent theoretical analysis has exhibited a structural ambiguity in the normative foundation of the tort of negligence, namely uncertainty whether liability is based on the breach of a legal duty or on the responsibility for the victim's loss. This normative ambiguity is due to the fact that the European law of extracontractual liability was conceptually framed for purposes totally different from modern ideas of fair distribution of risks that have historically been connected with rights- based conceptions of tort law. From (...) a comparative point of view it becomes apparent thatdf the idea of protecting individual rights by tortious remedies is constitutive for the modern European law of extracontractual liability, although hidden beyond the dominant terminology of duties, breach and wrong. Thus it is submitted that a rights-based analysis of the law of torts offers a significantly better understanding than traditional duty-models can achieve. (shrink)