In the face of violent crime, mothers are often the most vocal in fighting for justice. When those mothers are also active in a Christian Church, they are well versed in the motifs of sacrifice and forgiveness. From a feminist perspective, these motifs have been severely criticised for weighing more heavily on women than men, given Christianity’s long history of teaching the submission of women and the dominance of men, and, further, have been instrumental in keeping women in abusive (...) relationships. This paper will ask whether: when faced with the traumatic loss of a daughter or son due to the violent actions of another, are the motifs of sacrifice and forgiveness equally problematic or do they help mothers through their grief? Is forgiveness another form of sacrifice required of Christian mothers in the aftermath of violent crime? Does a mother’s fight for justice require that she does not forgive the perpetrator? How do mothers navigate their Christian faith and these varied motifs in recovering from the traumatic grief that they experience following sudden bereavement? This paper will explore these questions by engaging with the accounts of, for example, Julie Nicholson, the Anglican Priest, whose daughter was killed in the 7/7 bombings in London in 2005; Doreen Lawrence, whose son, Stephen, was murdered in a racist attack in London in 1993; Sybrina Fulton and Lucy McBath, whose sons, Trayvon Martin and Jordan Davis, were fatally shot in separate incidents in Florida in 2012; and mothers affected by the Grenfell Tower fire in London in 2017. (shrink)

Darnell F. Hawkins (ed.), Violent Crime: Assessing Race and Ethnic Differences Cambridge, UK: Cambridge University Press, 2003, pp. 448.

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A persuasive assertion of Restorative Justice (...) advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just Sustainability: Technology, Ecology, and Resource Extraction eds. by Christiana Z. Peppard and Andrea ViciniTallessyn Zawn Grenfell-LeeJust Sustainability: Technology, Ecology, and Resource Extraction Edited by Christiana Z. Peppard and Andrea Vicini maryknoll, ny: orbis, 2015. 304 pp. $42.00Just Sustainability offers a detailed journey through various Catholic contextual understandings of what ecological sustainability means today in light of the demands of justice. In the first section of the (...) book, called "Locations" (11–53), the contributors put concepts of sustainability into dialog with concerns of socioeconomic, gender, and racial justice from contexts as diverse as Europe, East Asia, India, Africa, and North America. The various locations share common themes, such as the importance of deep meanings of the term "sustainability," the priority of education and advocacy, the resource and energy challenges behind structures of injustice, and the primary role of economics. Yet distinctive emphases emerge from the diverse contexts as well. Examples include the [End Page 200] need for humility instead of the ironic arrogance of nuclear energy in Japan, the widespread challenges of corruption in Africa and Mexico, and the problem of the agriculture lobby in the United States.The second section, "Structures" (57–156), steps back from specific cultural contexts and explores various systemic approaches to the challenge of just sustainability. Using Catholic social teachings, the authors again often speak from diverse global contexts, but with reference specifically to economic and societal systems such as politics, measurements of well-being, urban planning, food and agriculture, and health care. In this section the authors speak of which structures have worked and which have failed to build just and sustainable societies. For example, in the Philippines, more accountability through transparency and regular reporting helped impact energy efficiency. In Kenya and Chad, the authors highlight the need for reliable social systems of access, communication, collaboration, and government in order to counter corruption and build sustainable programs to address HIV, hunger, employment, and food sovereignty. Several authors also describe the positive impact of more democratic and egalitarian participatory structures that involve the people most affected by ecological decisions and policies.The last section, "Theological Stances and Sustainable Relations" (159–268), delves more deeply into Catholic theological resources to provide both a foundation as well as specific practices of just sustainability. The authors wrestle with theocentric, biocentric, and anthropocentric concepts of humanity and the imago Dei, the Eucharist as a potentially powerful way to connect ideas of inequity, the promise of ecofeminist theologies in elevating the wisdom of local peoples to build just sustainability practices, and virtue ethics and Catholic social teachings to foster ecological conversion and build solidarity, hope, and efficacy.The book sets itself a challenging task, to provide a coherent picture of Catholic approaches to building just sustainability while presenting a spectrum of not only diverse cultural and geographical contexts but also diverse theologies. In the end, the book reveals the ways in which Catholic laity and leaders are creatively responding to the challenge of just sustainability across much of the globe by using a combination of ecclesial, theological, and social scientific resources. The book would have benefited from a concluding essay to tie together some of the salient themes from the numerous, somewhat disparate essays, and a chapter from South America would have strengthened the global orientation of the collection. Nonetheless, the reader is left with a more holistic understanding of the difficult task of just sustainability as well as the wealth of work toward this goal from many parts of the Earth. [End Page 201]Tallessyn Zawn Grenfell-LeeBoston University School of TheologyCopyright © 2018 Society of Christian Ethics... (shrink)

From mass murder to genocide, slavery to colonial suppression, acts of atrocity have lives that extend far beyond the horrific moment. They engender trauma that echoes for generations, in the experiences of those on both sides of the act. Gabriele Schwab reads these legacies in a number of narratives, primarily through the writing of postwar Germans and the descendents of Holocaust survivors. She connects their work to earlier histories of slavery and colonialism and to more recent events, such as South (...) African Apartheid, the practice of torture after 9/11, and the "disappearances" that occurred during South American dictatorships. Schwab's texts include memoirs, such as Ruth Kluger's _Still Alive_ and Marguerite Duras's _La Douleur_; second-generation accounts by the children of Holocaust survivors, such as Georges Perec's _W_, Art Spiegelman's _Maus_, and Philippe Grimbert's _Secret_; and second-generation recollections by Germans, such as W. G. Sebald's _Austerlitz_, Sabine Reichel's _What Did You Do in the War, Daddy?_, and Ursula Duba's _Tales from a Child of the Enemy_. She also incorporates her own reminiscences of growing up in postwar Germany, mapping interlaced memories and histories as they interact in psychic life and cultural memory. Schwab concludes with a bracing look at issues of responsibility, reparation, and forgiveness across the victim/perpetrator divide. (shrink)

_A deeply researched and poignant reflection on the practice of forgiveness in an unforgiving world__ “Broad in its philosophical sweep and fine in its literary analysis, this work redefines forgiveness as the modest yet heroic ability to hold pain and anger together with hope and nonviolence.”—Joie Szu-Chiao Chen, _Lion’s Roar__ Matthew Ichihashi Potts explores the complex moral terrain of forgiveness, which he claims has too often served as a salve to the conscience of power rather than as an instrument of (...) healing or justice. Though forgiveness is often linked with reconciliation or the abatement of anger, Potts resists these associations, asserting instead that forgiveness is simply the refusal of retaliatory violence through practices of penitence and grief. It is an act of mourning irrevocable wrong, of refusing the false promises of violent redemption, and of living in and with the losses we cannot recover. Drawing on novels by Kazuo Ishiguro, Marilynne Robinson, Louise Erdrich, and Toni Morrison, and on texts from the early Christian to the postmodern, Potts diagnoses the real dangers of forgiveness yet insists upon its enduring promise. Sensitive to the twenty-first-century realities of economic inequality, colonial devastation, and racial strife, and considering the role of forgiveness in the New Testament, the Christian tradition, philosophy, and contemporary literature, this book heralds the arrival of a new and creative theological voice. (shrink)

How can Scripture address the crucial justice issues of our time? In this book Mark Brett offers a careful reading of biblical texts that speak to such pressing public issues as the legacies of colonialism, the demands of asylum seekers, the challenges of climate change, and the shaping of redemptive economies. Brett argues that the Hebrew Bible can be read as a series of reflections on political trauma and healing -- the long saga of successive ancient empires violently asserting their (...) sovereignty over Israel and of the Israelites forced to live out new pathways toward restoration. Brett retrieves the prophetic voice of Scripture and applies it to our contemporary world, addressing current justice issues in a relevant, constructive, compelling manner. (shrink)

In 1994, Congress established more than sixty new capital crimes with wide public support. Davis argues that, if the U.S. is ever to join the majority of the world in abolishing capital punishment, opponents of the death penalty must make a stronger philosophical case against it. He systematically dissects the arguments in favor of capital punishment and demonstrates why they are philosophically superior to opposing arguments. By connecting the death penalty to a general theory of punishment in which penalties are (...) retributive in proportion to the crime, Davis shows why we must reconceive the entire criminal justice system and address violent crime more successfully before the death penalty can be successfully opposed. (shrink)

Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. (...) On the one hand, proponents argue that CPNs could be both more effective and more humane than incarceration. On the other, critics argue that coercively imposed CPNs violate individual rights and that society has a poor track record of using medical interventions for social control. The nineteen original essays in this book comprehensively cover and effectively advance the moral debate over the appropriate use of CPNs. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive disavowal (...) but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

This article intervenes in the project of theorizing the politics of reconciliation and transitional justice with the suggestion that (a) more attention be paid to subjective experiences and discursive sensitivities affected/shaped by the trauma of historical violence and injustice, and that (b) the constitutive as well as potentially subversive working of these experiences and sensitivities be recognized. It focuses specifically on Paul Celan (1920?1970), a Jewish-Romanian-German poet and Holocaust survivor, proposing a reading of his work that connects aspects of the (...) poetic, the traumatic and the peripheral that are relevant to political theories of reconciliation and justice. Celan's work is shown to problematize the dominant understandings of communal temporality that are encoded in the reconciliatory transitional project. This temporality approximates a linear and progressive motion: the transitional community (a) leaves behind the legacies of the ?violent past? and (b) imagines (and moves towards) its future as an emancipative movement positioned beyond the constraints of the historical violence and injustice. In Celan's work, however, the traumatized subject's experience of temporality is understood metaphorically as an impossible passage. In contrast to the linear and progressive unfolding of the collective imaginary, the movement within a passage is repetitive, elliptical and, quite literally, aporetic (impassible). There is no guarantee of a successful passing through; instead, within the passage, Celan's traumatic and poetic subject encounters the abysmal. This basic contrast suggests that a critical theory of reconciliation should not only account for the fragility of human life in relation to historical violence, but respond to the constant proximity of violence within the reconciliatory project itself. (shrink)

Rwanda witnessed devastating conflicts leading to genocidal attacks in 1994 with active participation of the police in the pogrom. Various reports implicated the police in high-handedness, torture, extra judicial killings, intimidation, rape, and other heinous crimes during the conflicts. The police force was reformed for optimal performance. This paper examines the impact of the post-conflict reconstruction of the police on internal security management in Rwanda. Findings from the study, which relied on secondary data, are that reform impacted positively on the (...) performance of the police, sharpening its skills in crime detection and prevention and leading to improved security for lives and property in Rwanda. Over-reliance on dwindling external sources and dysfunctional equipment still undermines maximum performance by the police. There should be adequate provision of advanced security devices and better funding of the police for the optimal discharge of their constitutional mandates of securing lives and property in Rwanda. (shrink)

Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equippedwith a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law (...) with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government,along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. Athird connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in thistroubled domain.The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. Thecumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quitesane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin aconversation, and they illustrate the great depth and power of crime in literature. (shrink)

The aim of the article is to examine the role that memory and oblivion, forgiveness and unforgiveness play in Hannah Arendt’s thought in relation to acts of violence in the political sphere. Political communities do not always decide to remember the crimes they have committed or the wrongs they have suffered, but neither can they always forget their mutual harms, even when there is already peace between them. Without striving to exhaust the entire subject matter of Arendt’s work, I would (...) like to illustrate the difficulty of understanding the role forgiveness plays in her thought as well as to indicate possible solutions when forgiveness becomes unachievable within the framework of her considerations. Her reflection can be divided into two stages. The first is a focus on the idea of radical evil and the need to forgive perpetrators for their crimes. Second, under the influence of the Adolf Eichmann trial, she developed the idea of the banality of evil. This idea points to situations so terrible that they transcend all human moral judgment, making forgiveness impossible. However, even when the moral possibility of individual forgiveness has been rejected, when the legal possibility of seeking justice has been exhausted and when victims and perpetrators in the community are still unable to live together peacefully, Arendt’s thought leads us to the possibility of political reconciliation. (shrink)

This paper presents social and political dimensions of forgiveness within Jacques Derrida’s philosophy. Derrida’s philosophy of forgiveness is an example of how philosophy can help us understand and resolve contemporary social and political issues. Derrida believes that traditional concept of forgiveness should be broadened beyond the bounds of the rational and the imaginable. According to Derrida, traditional concept of forgiveness needs rethinking because of the phenomenon of proliferation of scenes of forgiveness after the Second World War that produced globalization of (...) forgiveness and trivialized and decharacterized this term. According to Derrida, the act of forgiveness can only be thought beyond the limits of common sense and in the space of the impossible, and that is the forgiveness of something that common sense cannot forgive. Derrida’s philosophy of forgiveness has wide social and political implications as it transcends binary oppositions: present/past, self/other, friend/enemy and so forth. All concepts within Derrida’s philosophy of politics (friendship, enemy, hospitality, forgiveness, justice, and so on) are significant for societies eroded with traumas of wars and ethno-national divisions and conflicts. (shrink)

Despite its commonality rape in war has long been an invisible war crime. Gender-based violence has escaped sanction because it has been shielded into the private sphere. Although rape in war is a form of public violence committed by soldiers representing a state it continues to be conceived as a private crime, committed by individual men. If women's human rights are to be respected in war and in peace the imaginary border between the public and the private has to be (...) abandoned. In this article rape in war is studied as a case of injustice for women in violent conflict. Arguments against feminist versions of ethics of care are formulated as these theories fail to challenge the public/ private distinction due to deep and constitutive gender norms. As an alternative, a narrative, feminist ethic of justice is presented based on women's narratives of experienced injustice in war. The theoretical model is developed through the integration of values derived from the ethics of care and thereby dismisses the distinction between public and private and between reason and emotion. The conclusion is that both substance and form of human rights must be based in concrete, situated gendered people's experiences of getting their human rights violated. (shrink)

Criminologists have long acknowledged the link between a number of cognitive deficits, including low intelligence and impulsivity, and crime. A new wave of research has demonstrated that pharmacological intervention can restore or improve cognitive function, particularly executive function, and restore neural plasticity. Such restoration and improvement can allow for easier acquisition of new skills and as a result, presents significant possibilities for the criminal justice system. For example, studies have shown that supplements of Omega-3, a fatty acid commonly found in (...) food such as tuna, can decrease frequency of violent incidents in an incarcerated population. Research has also begun to explore the use of selective serotonin reuptake inhibitors to reduce impulsivity in some violent offenders. However, there are significant legal and ethical implications when moving from dietary supplements to prescription pharmaceuticals and medical devices for cognitive intervention. This paper will explore the legal and ethical issues surrounding the use of pharmacological intervention on prisoners as an effort to reduce crime and recidivism. (shrink)

The focus of this essay is on how we overcome the past by dealing with it. In this setting, the analysis is of the relationship between ‘moral transactions’ concerning blame, guilt, responsibility, apology and forgiveness and the possibility of transition away from states of trauma. The first section draws on previous work to set out a position on human love as the basis for an understanding of guilt and the ‘moral grammar’ of justice. The second section considers Martha Nussbaum’s claim (...) in Anger and Forgiveness that the idea of transition should be prioritized at the cost of a moral transactional analysis that would engage the moral grammar of blame, guilt, responsibility, apology and forgiveness. The latter is seen as potentially obstructing the transition to a better world. I suggest to the contrary there are grounds for thinking that a successful transition requires relevant moral transactions. (shrink)

The focus of this essay is on how we overcome the past by dealing with it. In this setting, the analysis is of the relationship between ‘moral transactions’ concerning blame, guilt, responsibility, apology and forgiveness and the possibility of transition away from states of trauma. The first section draws on previous work to set out a position on human love as the basis for an understanding of guilt and the ‘moral grammar’ of justice. The second section considers Martha Nussbaum’s claim (...) in Anger and Forgiveness that the idea of transition should be prioritized at the cost of a moral transactional analysis that would engage the moral grammar of blame, guilt, responsibility, apology and forgiveness. The latter is seen as potentially obstructing the transition to a better world. I suggest to the contrary there are grounds for thinking that a successful transition requires relevant moral transactions. (shrink)

In this article I examine the legal framework for addressing violence against women in post war Guatemala. Since the signing of the Peace Accords in 1996, judicial reform in Guatemala has included the passing of laws in the area of women‘s human rights, aimed at eliminating discrimination and violence against women. These laws constitute a response to and have occurred concurrently to an increase in violent crime against women, particularly in the form of mass rapes and murders. Drawing on (...) fieldwork conducted in Guatemala‘s Metropolitan Area, this paper juxtaposes the laws for addressing violence against women to Guatemalan women‘s complex, multilayered and multi-dimensional life experiences. The latter expose the limitations of strictly legal understandings of the phenomenon of gender-based violence, and highlight the need for broad social justice approaches that take into account the different structures of violence, inequality, and injustice present in women‘s lives. (shrink)

Crime, Justice and Human Rights is an introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Integrating human rights and criminological frameworks across a range of subject areas - from criminalization and state crime, to crime prevention and critical analyses of the operation of the police, courts and penal system - the authors highlight both the potential and the limitations of human rights in informing new directions in criminology. Featuring case material (...) from Europe, North America, Australia and beyond, this critical, multidisciplinary text supports the teaching of human rights across a wide range of criminological topics, and assists students, researchers and independent readers to incorporate human rights paradigms into their criminological analysis. (shrink)

By far the most plausible explanation of data on violent crime in the United States is that its high handgun ownership rate is a major causal factor. The only realistic way to significantly reduce violent crime in this country is an outright ban on private ownership of handguns. While such a ban would undeniably restrict one particular freedom, it would violate no rights. In particular, the unquestioned right to self-defense does not entail a right to own handguns, because (...) the evidence indicates that the widespread belief in handguns’ defensive efficacy is mistaken, especially when we confine our attention to defensive handgun use that is actually morally permissible. A handgun ban will never eradicate the weapons from this country, but it can substantially reduce the ownership rate and, as a result, substantially reduce violent crime. Although political realities may make a handgun ban unattainable in the United States at present, the very act of advancing cogent arguments for the most defensible position will make the goal of handgun prohibition more and more achievable. (shrink)

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United (...) Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace. (shrink)

In the Philosophy of Right, Hegel claims that crime is a negation of right and punishment is the “negation of the negation.” Punishment, for Hegel, “annuls” the criminal act. Many take it that Hegel endorses a form of retributivism—the theory that criminal offenders should be subject to harsh treatment in response and in proportion to their wrongdoing. Here I argue that restorative criminal justice is consistent with Hegel's remarks on punishment and his overall philosophical system. This is true, in part, (...) because restorative justice integrates Hegel's instructive discussion of confession and forgiveness in the Phenomenology of Spirit. Hegel claims that true moral relationships allow space for persons to confess their moral shortcomings and forgive the shortcomings of others. Restorative criminal justice brings the perpetrators and victims of crime together to offer confessions and forgiveness and to work to heal the various wounds caused by crime. I do not claim that Hegel must be read as advocating restorative justice. While Hegel tells us what punishment does, he does not commit himself to any form of punishment. What I offer here is a rational, progressive reconstruction and extension of Hegel's conception of crime and punishment. (shrink)

In the article, I examine Hélène Cixous's play La Ville parjure ou le Réveil des Erinyes as a political contribution to the debate over memory and justice. The focus is on the question of how the telling of a story of atrocities may be therapeutic to both the victim and to society. I stress Cixous's alternative way of addressing justice: through forgiveness instead of criminal prosecution or other forms of retribution or reconciliation. Referring to Jacques Derrida's work, the main argument (...) revolves around the question of whether forgiveness for unspeakable crimes should be unconditional or conditional. Instead of seeing Cixous's play as an unequivocal stance on restorative justice in general, and on conditional forgiveness in particular, I stress that the main protagonist, the Mother, is not willing to forgive the crime itself because of its unforgivable nature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:464 Feminist Studies 44, no. 2. © 2018 by Feminist Studies, Inc. Claire Raymond and Sarah Corse A Distorting Mirror: Educational Trajectory After College Sexual Assault This article focuses on the broad and specific impacts of college sexual assault on student-survivors’ academic performance, academic trajectory, and their sense of self in relation to the university community. We frame this study with, and relate our findings to, the historic and (...) theoretical literatures that provide the context for this essay, including the large and burgeoning literature on the sexual assault of women college students and recent studies analyzing the role of fraternities in sexual assault, students’ fears and perceptions about college assault, bystander intervention training, and survivors’ grade-point averages after assault.1 Our study also builds on the history of feminist resistance to rape, feminist writings about rape, and campus activism against rape, with the 1. Cortney Franklin, Leana Allen Bouffard, and Travis C. Pratt, “Sexual Assault on the College Campus: Fraternity Affiliation, Male Peer Support, and Low Self-Control,” Criminal Justice and Behavior 39, no. 11 (2012): 1457– 80; Christine A. Gidycz, John R. McNamara, and Katie M. Edwards, “Women ’s Risk Perception and Sexual Victimization: A Review of the Literature,” Aggression and Violent Behavior 11, no. 5 (2006): 441–56; Jennifer Katz and Jessica Moore, “Bystander Education Training for Campus Sexual Assault Prevention: An Initial Meta-Analysis,” Violence and Victims 28, no. 6 (2013): 1054–67; Douglas W. Pryor and Marion R. Hughes, “Fear of Rape among College Women: A Social Psychological Analysis,” Violence and Victims 28, no. 3 (2013): 443–65; Carol E. Jordan, Jessica L. Combs, and Gregory T. Smith, “An Exploration of Sexual Victimization and Academic Performance among College Women,” Trauma, Violence, & Abuse 15, no. 3 (2014): 191–200. Claire Raymond and Sarah Corse 465 goal of shedding light on one aspect of the problem. Groundbreaking (and in some cases controversial) works analyzing the cultures of rape, such as Susan Brownmiller’s Against Our Will and Peggy Sanday’s “The Socio-Cultural Context of Rape” (in which Sanday creates the concept of the rape-producing culture—a concept that is central to our argument in this essay), found immediate reception with feminist activists of the 1970s and early 1980s.2 Mary Koss’s work regarding the scope of rape in college settings is also foundational to our study of campus rape.3 Susan Estrich, Catharine MacKinnon, and other feminist theorists in the mid-1980s developed critical apparatuses to shift the understanding of rape, providing a feminist framework wherein rape is interpreted as violence committed against a woman—in opposition to the patriarchal argument that rape is caused by a woman’s actions or is the product of her distortion of events after the fact.4 Angela Davis and bell hooks were deeply influential in framing understandings of the racial and racist aspects of feminist discussions of rape, while legal scholar Sarah Deer has more recently broadened understandings of the racialized discourse of rape, and Lisa Wade has written on twenty-first century hookup culture and the ways that this social landscape promulgates rates of maleon -female rape that are significantly higher on college campuses than in the general population.5 2. Peggy Reeves Sanday, “The Socio-Cultural Context of Rape: A Cross-Cultural Study,” Journal of Social Issues 37, no. 4 (1981): 5–27; Susan Brownmiller, Against Our Will: Men, Women and Rape (New York: Penguin Books, 1976). 3. Mary P. Koss, Christine A. Gidycz, and Nadine Wisniewski, “The Scope of Rape: Incidence and Prevalence of Sexual Aggression and Victimization in a National Sample of Higher Education Students,” Journal of Consulting and Clinical Psychology 55, no. 2 (1987): 162–70. 4. Susan Estrich, Real Rape: How the Legal System Victimizes Women Who Say No (Cambridge, MA: Harvard University Press, 1988); Duncan Chappell, Robley Geis, and Gilbert Geis, eds., Forcible Rape: The Crime, the Victim and the Offender (New York: Columbia University Press, 1977). 5. Angela Davis, “Rape, Racism, and the Myth of the Black Rapist,” in her Women, Race, and Class (New York: Vintage Books, 1983), 172–201; bell hooks, Feminist Theory: From Margin to Center (Boston: South End Press, 1984); Sarah Deer, The Beginning and End... (shrink)

This paper explores the Eichmann trial in its dimension as a living, powerful event, whose impact is defined and measured by the fact that it is "not the same for all." I examine this legal event from two perspectives: Hannah Arendt's and my own. I pledge my reading against Arendt's, in espousing the State's vision of the trial, but in interpreting the legal meaning of this vision us one that exceeds its own deliberateness and distinct from the State's ideology. I (...) use Nietzsche's terms to contrast "critical history" with "monumental history." Whereas the official State vision of the trial is, I propose, precisely one of "monumental history, " Arendt's vision offers a substitutive "critical history." I analyze, one against the other, what I call the monumental legal vision of the Eichmann trial and the critical vision offered by Arendt. Exploring thus the monumental versus the critical as two opposed but non-exclusive and, in fact, profoundly complementary perspectives, I examine, side by side, the Eichmann trials' monumental focus on the victims and Arendt's critical objections to this focus: her objections, I show, are based in a jurisprudential conservatism coexisting with a historiographical radicalism. The Eichmann trial, in my view, is on the contrary and diametrically, historiographically conservative, but jurisprudentially revolutionary. I argue that Arendt failed to see the way in which the trial in effect did not simply repeat the victim's story, but historically created it for the first time. I submit, in other words, that the Eichmann trial legally created a radically original and new event: not a rehearsal of a given story, but a groundbreaking narrative event that is itself historically and legally unprecedented. Examining the trial's transformation of victims into prosecution witnesses, I analyze the victim-oriented focus of the trial as s legal process of translation of private traumas into public ones and as a public scene of the recovery of language and legal subjecthood by victims who were formerly defined by the oppressor's language and who were, therefore, not just injured, but essentially robbed of a language in which to articulate their injury and name their victimization. I argue that the Eichmann trial expanded the space available for moral deliberation in creating a new legal language: the trial was the victim's trial only insofar as it was now the victims who, against all odds, were precisely writing their own history. To enable such a writing, the Eichmann trial had to enact not simply memory, but memory as change. It had to dramatize upon its legal stage before the audience nothing less than a conceptual revolution in the victim. And this, in fact, is what the trial did This historically unprecedented revolution in the victim that was operated in and by the Eichmann trial is, I suggest, the trial's major contribution not only to Jews, but to history, to law, to culture - to humanity at large. I further argue that as a singular legal event, the Eichmann trial calls for a rethinking - and sets in motion a transvaluation - of the structures and the values of conventional criminal law. I submit that the quintessence of the Eichmann trial is the acquisition of semantic authority by victims. It was the newly acquired semantic and historical authority of this revolutionary story that, for the first time, created what we know today as the Holocaust: a theme of international discussion and world conversation designating the experience of the victims and referring to the crime against the Jewish people independently from the political and military story of the Second World War. (shrink)

This paper argues for a pragmatic resolution to the conflict between justice and forgiveness. Authors such as Derrida, who see a paradox or aporia in the conflict between justice and forgiveness, often conceive each value in absolute terms. A pragmatic approach deemphasizes absolutism and focuses instead on pluralism and sensitivity to context. One useful example of a pragmatic approach is found in care ethics, as described by Noddings. Care ethics emphasizes the concrete specificity of relationships and the needs and interests (...) of individuals, while downplaying abstract and absolute moral principles. This approach is described in opposition to more traditional religious and moral theories that hold justice or forgiveness as abstract and mutually opposed values. (shrink)

The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with ‘just deserts’ exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how (...) blameworthy a person is for criminal behavior. But with the exception of extreme forms of mental illness that fall into the very narrow legal category of ‘insanity,’ people who struggle with serious difficulties are not treated as less blameworthy by the criminal justice system. The criteria of legal guilt does not match up well with the moral concept of blameworthiness.The solution might seem to be somehow to refine legal practice to make blame more context-sensitive, but I argue that rather than try to revise our criminal justice practices to fit better with common notions of blame and desert, we should get out of the public blaming business altogether. A determination morally to condemn individual offenders is not helping us to resolve the disaster of mass incarceration or the problems faced by returning citizens. It does not help us to see clearly the connection between crime and other problems of social injustice, like poverty, lack of mental health care, drug addiction, racial discrimination, and violence. Were we to be less fixated on individual responsibility, and more cognizant of our shared responsibility to treat all members of society as equal persons, entitled to the same basic rights, liberties, and opportunities, we might be in a better position to work collectively to address problems of social injustice that contribute to the problem of crime. (shrink)

Among the crimes in the South African black townships, mob justice has become a growing concern. Some questions that need to be asked are: Is our police force doing enough to protect the ordinary citizens of this country? If the situation continues, will all suspects be killed in the same manner or will there be a solution to change the situation? What is the impact of mob justice on the families of the victims and the witnesses of the brutal acts? (...) How long are we going to live as a traumatised nation as a result of these violent acts? Is there any hope that our nation will ever have the peace it deserves in the context of democracy? This article intends to investigate the impact of the mob justice system and find out what the role of the Christian church should be in the midst of this escalating violence. This study aims to unveil the negative impact of mob justice on the lives of many township South Africans and giving pastoral-biblical suggestions of the church's role in the elimination of this kind of brutality. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Consistently Pro-Life: The Ethics of Bloodshed in Ancient Christianity by Rob Arner, and: Christ at the Checkpoint: Theology in the Service of Justice and Peace ed. by Paul Alexander, and: Becoming Nonviolent Peacemakers: A Virtue Ethic for Catholic Social Teaching and US Policy by Eli Sarasan McCarthyBrian D. BerryReview of Consistently Pro-Life: The Ethics of Bloodshed in Ancient Christianity ROB ARNER Eugene, OR: Pickwick, 2010. 136 pp. $15.56Review (...) of Christ at the Checkpoint: Theology in the Service of Justice and Peace EDITED BY PAUL ALEXANDER Eugene, OR: Pickwick, 2012. 182 pp. $19.80Review of Becoming Nonviolent Peacemakers: A Virtue Ethic for Catholic Social Teaching and US Policy ELI SARASAN MCCARTHY Eugene, OR: Pickwick, 2012. 259 pp. $27.00In Consistently Pro-Life, Rob Arner (who teaches at Chestnut Hill College in Philadelphia) makes the case that Christians should not kill other human beings—regardless of the circumstances. Taking as his point of departure the vigilante killing of abortion doctor George Tiller in Wichita, Kansas, in 2009, he argues not only that abortion is always morally impermissible but so also is [End Page 217] the murder of abortion doctors and the use of the death penalty to punish those who murder them. In addition, he turns to the early church fathers to contend that, prior to Constantine, “without exception, the church strongly condemned the taking of human life in any form whatsoever”—thus rejecting abortion and infanticide, the blood sport of the Roman games, suicide, and killing in war (120). This was because the New Testament witness to Jesus and his death on the cross required early Christians to view “the means as just as important, if not more important, than the ends” (xiii).Arner supplements this deontological argument for Christian pacifism, which he learned from John Howard Yoder, with a brief consideration of the virtue of patience cultivated in the early churches, reflecting the influence of Stanley Hauerwas on his thought. This “cardinal virtue” connoting “longsuffering, forbearance, patient endurance”—as found in Jesus’s teaching in the Sermon on the Mount (Mt 5:38–48)—enabled early Christians to practice non-violent resistance “deferring personal revenge in favor of God’s vindicating justice” (98). If Christians were to adopt this same consistently pro-life ethic today, argues Arner, it would “lead to greater healing and peace in our blood-soaked world” (121). The book closes with three appendices—one of which is a chart of terminology that dehumanizes vulnerable victims, including unborn human beings. Unfortunately, the book does not have an index.Christ at the Checkpoint, edited by Paul Alexander (professor of Christian ethics and public policy at the Palmer Theological Seminary of Eastern University), includes thirteen plenary addresses delivered at a conference on the Arab-Israeli conflict organized by Palestinian Evangelical Christians at Bethlehem Bible College in March 2010. Almost all of the contributors to this volume—including biblical scholars, theologians, ethicists, pastors, activists, and others—criticize the ideology of Christian Zionism and its support of a theology of dispensationalism that, in their view, distorts the scriptures and fosters violence rather than reconciliation between the Israelis and the Palestinians. In his own presentation titled “What Can Pentecostals and Charismatics Do for Peace with Justice in Israel and Palestine?,” Alexander—who describes himself as a former “one-sided” Christian Zionist who later discovered the writings of Yoder and Hauerwas—appeals to Jesus’s teaching in the Sermon on the Mount and urges Pentecostals to create church communities “that cultivate persons of character and conviction, who through habits, practices, and action live out the core of our faith” (69). Along with being faithful to the “greater challenges” of love, mercy, compassion, and forgiveness, he argues that they should publicly declare that Jesus does not want Israel to continue the occupation of Palestine, and they should engage in the “easier tasks” of promoting human rights, lending support to United Nations Resolutions, and working toward a two-state solution (72). “The time has come in human history,” writes Alexander, “for Pentecostals to speak and act prophetically regarding this present injustice … [End Page 218] and to use every nonviolent weapon in our arsenal—stories, preaching... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:After the Smoke Clears: The Just War Tradition and Post-War JusticeAnna Floerke ScheidAfter the Smoke Clears: The Just War Tradition and Post-War Justice Mark J. Allman and Tobias L. Winright Maryknoll, N.Y.: Orbis Books, 2010. 220 pp. $20.00Beginning with Ezekiel’s imagery of a field filled with dry bones in the aftermath of war, Mark J. Allman and Tobias L. Winright approach the burgeoning question of how best to (...) establish a just peace following violent conflict. As theologians committed to the Christian tradition’s emphasis on restoring peace following warfare, their project develops jus post bellum categories that have thus far been considered more by philosophers, political scientists, and international law scholars than by theologians. The authors see themselves as extending the work of Glen Stassen and other just peacemaking theorists. Where just peacemaking provides theologically rooted criteria for jus ante bellum, Allman and Winright want to root theologically jus post bellum. “We believe that expanding the just war tradition to encompass jus post bellum will actually ‘close the loop’ or make for a more honest just war theory by bringing us back to the practices of just peacemaking” (55–56).The book is presented in two parts. The first part offers an overview of the history of the just war tradition and of the emerging discussion of jus post bellum. Despite its brevity, a key strength of this overview is its comprehensiveness. Allman and Winright illustrate the tradition’s roots in Hellenistic philosophy, its development by patristic and medieval theologians, and finally its adoption in the secular sphere. The authors then uncover nascent elements of jus post bellum throughout the just war tradition. Here they pay particular attention to Immanuel Kant before turning to contemporary philosophers, including perhaps the most well-known jus post bellum theorist, Brian Orend, with whom the authors dialogue extensively in the second part.The second part constitutes the book’s major constructive contribution to the theological ethics of warfare and conflict resolution. The authors posit four “categories” that they argue are “consistent with the Christian just war tradition” and necessary for a just peace following war (85). First, they contend that the just cause, which prompts the war, must be reconsidered jus post bellum. “The logic is simple and clear: the end of a just war must be accomplishing the objectives that served as the grounds for going to war in the first place” (100). Second, the authors explore the need for postconflict reconciliation, arguing [End Page 223] for restorative forms of justice alongside retributive forms. This chapter would benefit from more extensive dialogue with theologians such as John de Gruchy, Robert Schreiter, and Charles Villa-Vicencio, who have devoted themselves to the topics of reconciliation and restorative justice from the Christian perspective. Third, the authors discuss the value of punishment in establishing justice. Their discussion of the symbolic importance of reparations is especially insightful. The authors suggest that “reparations require a reversal of power. Those who once were dominant are now in a submissive/vulnerable position” in relation to those who were once powerless (130). Finally, the authors propose a “restoration phase” following warfare wherein basic security must be established and political reforms enacted to preclude any return to the status quo ante bellum. The victors must ensure the economic recovery of the vanquished; provide for the needs of the war’s most vulnerable victims, such as children; and clean up environmental hazards that resulted from fighting.The book is most impressive in that it conjoins multiple postconflict endeavors (e.g., reconciliation and war crimes tribunals) that are frequently separated or seen as oppositional in other literature. This strength indicates that the book may continue to yield serious contributions to the ethics of conflict resolution, especially as scholars accept the authors’ challenge to “develop and further refine” the categories they propose.Anna Floerke ScheidDuquesne UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

DNA samples on the England and Wales national database matching those found at scenes of serious violent or sexual crimes were identified. The earlier offence leading the sample to appear on the database was noted. The bulk involved theft, drug or other offending. The result, indicating offender versatility, is consistent with most research on criminal careers. Its importance for operational police lies in identifying the contribution made by DNA samples taken after less serious offences in clearing subsequent serious crime, (...) and the importance of taking such samples from as wide a list of apparently ‘trivial’ crime types as possible. Examining specific relationships between early and later offences revealed a significant link between providing a DNA sample following a drug offence and subsequently committing murder. (shrink)

Concerns for safety and security as South Africa’s hosting of 2010 FIFA World Cup draws nearer highlight the degree to which South Africa’s reputation for a relatively peaceful transition from Apartheid has been replaced by its reputation for violent crime. Its transition, and the peacebuilding efforts that followed it, are not completely unrelated to its current high levels of violent crime. In fact, this article argues that there were a number of issues South Africa’s peacebuilding process failed to (...) address that are relevant to the country’s violent crime situation. A significant reason for this failure was an inability or unwillingness to engage the full spectrum of Apartheid’s violence with equal rigour. Apartheid inflicted structural violence, through its racially oppressive laws, as well as physical violence, through enforcing its laws and suppressing its opposition, on the people of South Africa. Peacebuilding in South Africa primarily focused on Apartheid’s physical violence. Through the work of the Truth and Reconciliation Commission, the focus was narrowed down further to physical political violence. Due to this narrow focus, it did not attend effectively to non-political violence – which includes gender-based violence, the esteem violence had attained during and due to Apartheid, disarming the country of illegal firearms, and narrowing the income gap between the country’s rich and poor. While South Africa proudly claims ownership of its conflict resolution and peacebuilding processes, it still emulated predominant models of building peace through liberal democracy and a market economy. These models have been drawn from Western success stories in diminishing interstate conflict, while South Africa is a developing country that was recovering from an intrastate conflict. Pursuing these models has had benefits for South Africa, but not in many of the ways it needed in order to effectively prevent a surge in criminal violence in the wake of Apartheid. (shrink)

PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of ethical (...) and clinical considerations in the use of this diagnosis. Importantly, the diagnostic criteria have changed to a degree with subsequent editions of the DSM. This may have an impact on the interpretation of past legal judgments. Moreover, extensive psychiatric comorbidity may complicate the clinical picture, e.g., mood disorders, substance use disorders, or psychosis. The diagnosis of PTSD is still based on clinical, largely subjective criteria, e.g., biological markers are not yet utilized. As such, there may not be consistent agreement about the diagnosis among experts. This paper summarizes some of these relevant issues in adjudicating violent crimes. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

Widely circulated cultural conceptions about women who have committed violence recurrently place them in positions of otherness in relation to what is considered as being normal, valuable womanhood. This article explores ways in which Finnish women imprisoned for violent crimes grapple with this troubled relation between womanhood and violence in their enactments of gendered identities. The analysis is based on a novel, discursive-affective approach to positioning that can accommodate complexity and context-specific variability in enactments of identities. Four different, recurring (...) modes of positioning are discussed in the analysis: aligning with forcefulness, aligning with vulnerability, -aligning with demonization and aligning with motherhood. By shedding light not only on the complexity and fluidity of these gendered identity enactments but also on their affectively ambivalent dimensions, the analysis contributes to attempts at countering reductionist views about women who have committed violence and the gendered dichotomizations that they work to reproduce. (shrink)

There are a number of considerations, including ethical and clinical or diagnostic factors, in utilizing the diagnosis of posttraumatic stress disorder in criminal proceedings. The reliability and validity of the diagnosis may be questioned. Legal precedent may consider extant diagnostic criteria for PTSD and comorbid diagnoses. However, these diagnostic criteria are often in flux considering new research findings. For example, the introduction of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, (...) includes some changes in the PTSD diagnostic criteria. How will this affect interpretation of past legal judgments? Moreover, PTSD has significant psychiatric comorbidity, e.g., substance abuse, which in itself may influence violent behavior and its consequences. Some of these comorbid diagnoses also have changes in their diagnostic criteria. The introduction of biological tests in the assessment of PTSD will likely facilitate more objective diagnosis. (shrink)

It is rather uncontroversial that gender should have no influence on treating others as equal epistemic agents. However, is this view reflected in practice? This paper aims to test whether the gender of the testifier and the accused of assault is related to the perception of a testimony’s reliability and the guilt of the potential perpetrator. Two experiments were conducted: the subjects (n = 361, 47% females, 53% males) assessed the reliability of the testifier in four scenarios of assault accusation, (...) in which the only difference was the gender of the people presented. During the study, we have observed dependencies of gender and ascription of reliability, but only marginal differences in guilt attribution. The results of our research may constitute an argument for the existence of different epistemic status endowed on people depending on their gender and existing gender stereotypes. Our results suggest that gender bias may be situated at a deeper level than the linguistically triggered representation. (shrink)

This book addresses the idea of justice in order to guide society towards a more effective justice system. The authors trace impoverished and accomplished thinking in criminological and justice discourses and show that when justice and love are seen as synonyms, the historic ills that have plagued humanity tend to evaporate.