scholarly journals Restorative and retributive justice in the context of war and war crimes

Temida ◽  
2005 ◽  
Vol 8 (4) ◽  
pp. 27-32 ◽  
Author(s):  
Christie Nils
Keyword(s):  
Social Relations ◽  
Critical Criminology ◽  
Social Systems ◽  
War Crimes ◽  
Retributive Justice ◽  
Labeling Theory ◽  
Ordinary People ◽  
To Come ◽  
The Relationship ◽  
The Way

In this paper, the author is dealing with the relationship between restorative and retributive responses to war and war crimes. Starting from labeling theory and critical criminology, the author argues that the crime does not exist and what exist are behaviors which may be terrible, but, which depending on the context may be considered punishable or not. In the basis of punishment is dealing with consequences, not with causes, which makes that retributive approach has considerable limitations. Regarding this, the author argues for restrictive use of punishment and emphasis the need of creating social systems in which ordinary people would be able to come together and jointly discuss the problems they have and the way of solving them. It is important to give an opportunity to victims to tell what have happened to them, what are their pains; but also to the offenders to express what and why they did what they had done. This is the only way of having an impact on the causes, i. e. on repairmen of the disturbed social relations and reconciliation between parties in conflict.

scholarly journals Harm, Forgiveness and the Subjectivity of the Victim

Philosophia ◽  
2021 ◽  
Author(s):  
Jarosław Horowski
Keyword(s):  
Social Relations ◽  
Negative Emotions ◽  
Contemporary Culture ◽  
Moral Value ◽  
Human Relationships ◽  
The Third ◽  
The Impact ◽  
The Relationship ◽  
The Way

AbstractForgiveness is one of the most valued decisions in contemporary culture, although it has been emphasised that imprudent forgiveness can cause more harm than good in human relationships. In this article, I focus on the rarely discussed aspect of forgiveness, namely the recovery of subjectivity by the victim in their relationship with the perpetrator. I divide my reflection into three parts. In the first, I deal with the issue of the subjectivity of individuals in social relations. In the second part I present the consequences of the victim’s experience of harm, which include, first, the evoking of negative emotions, and subsequently the impact of these emotions on the way the victim functions as a subject in the relationship with the perpetrator. In the third part I show how – thanks to forgiveness – the victim regains subjectivity. Furthermore, I address the moral value of forgiveness. I argue that the regaining of subjectivity by the victim is a premise for recognising forgiveness as a morally good act and illustrate that forgiveness – properly defined – does not pose a threat to the good of people creating a relationship with the perpetrator.

scholarly journals Military crimes in the system of criminal legislation of Ukraine

2018 ◽  
Vol 68 (1) ◽  
pp. 25-30
Author(s):  
S. О. Kharytonov
Keyword(s):  
Social Relations ◽  
Military Service ◽  
War Crimes ◽  
Criminal Code ◽  
The State ◽  
Professional Activity ◽  
Functional Relationships ◽  
Military Law ◽  
Criminal Legislation ◽  
The Relationship

The system of military crimes and its signs are considered. The place of the institute of military crimes in the system of criminal legislation of Ukraine has been determined. Criteria of systematization are characterized, the relationship between the system of war crimes and other systems of the Criminal Code of Ukraine is shown. The system of military crimes (as well as any other crimes) is important both theoretical and practical: first, it provides an opportunity to identify the most significant features inherent in military crimes; and second, due to these signs, the latter differ from each other; thirdly, the system of such crimes permits the separation of war crimes from non-military (ordinary or special-criminal), which is a prerequisite for their proper qualification, which, in turn, embodies the principle of the lawfulness of criminal law. The value of systematizing military crimes lies in their most important and stable functional relationships with various branches of law and allows for legal identification with sectoral legal systems, for example, with administrative and military law, through such logical terms as concepts, judgments and inferences. The main purpose (function) of the existence of an institution of military crimes is, undoubtedly, the protection of social relations that arise and exist between the state and the serviceman (military and reservists) in the process of bearing them an appropriate form of military service, which consists in the professional activity of its fit for state of health and age of citizens of Ukraine, foreigners or stateless persons, connected with the defense of the state, its independence and territorial integrity. So, the totality of military crimes has all the signs of the system, which characterizes the system-forming factor – a factor that determines the origin of the system itself.

“The Sufferings of This Time Are Not Worthy to Be Compared with the Glory That Is to Come”

2017 ◽  
Author(s):  
Jacob A. C. Remes
Keyword(s):  
Political Culture ◽  
Disaster Relief ◽  
Shop Floor ◽  
French Canadians ◽  
Ethnic Organizations ◽  
Working People ◽  
To Come ◽  
The Relationship ◽  
The Church ◽  
The Way

This chapter examines the response of Salem's churches and unions to the fire and how working people built power in and through those institutions. The Salem fire offers a way to reconcile the importance of the church and other cross-class ethnic organizations with Franco-American unionization. By analyzing the peculiarities of ethnic Catholic political culture, we can better understand the way that lay Catholics practiced politics in their lives outside the church. This chapter considers the relationship symbolized by Father Donat Binette's translating for Governor David Walsh: the system by which clergymen vouched for their parishioners for disaster relief. It also discusses Walsh's exhortation for Catholics to stay in their home parishes and how French Canadians crafted an ethnic political culture in church and the workplace. In particular, it explores how parishioners and clergy at St. Joseph's parish fought with their archbishop for power within the church and how workers at the Naumkeag Steam Cotton Company worked to build power on the shop floor.

scholarly journals God’s vengeance… to wipe away the tears of the oppressed: a reading of 1Revelation 6:10

1970 ◽  
Vol 8 (1) ◽  
pp. 73-85
Author(s):  
Juan Alberto Casas Ramírez
Keyword(s):  
Point Of View ◽  
First Response ◽  
To Come ◽  
Common Feeling ◽  
The Relationship ◽  
The Way

In times of crisis and conflict, when injustice and impunity cast a pall over the land, Christians can experience a common feeling: the wish that God intervene in history and bring justice, which does not seem to come through human efforts alone. However, this longing for justice can hide a certain desire for revenge. That is the feeling of the slaughtered people of Revelation 6:10 who cry out to God for revenge. This article proposes, from the analysis of the biblical book, that the way that God responds to the victims’ clamor of vengeance is not by attacking the oppressors but by wiping away the tears of the oppressed, giving them consolation and comfort. From the point of view of the relationship between orthopraxis and orthodoxy, it implies that, by the ecclesial community, assume as a first response this way of God’s acting, that is to say, to offer effective comfort and relief to victims.

The economics of the entrepreneur and the banker historical roots and contributions to the management of innovation

2019 ◽  
Vol 23 (2) ◽  
pp. 230-250
Author(s):  
Sophie Boutillier
Keyword(s):  
Social Relations ◽  
Innovation Management ◽  
Content Type ◽  
Management Of Innovation ◽  
Business Creation ◽  
To Come ◽  
Main Basis ◽  
Risk Taker ◽  
The Relationship ◽  
Practical Implications

Purpose The purpose of this paper is to study the nature of the relationship between the entrepreneur and the banker, which is central to any analysis of business creation and innovation management. The author’s main purpose is to understand how this relationship has been studied by the pioneer economists of the entrepreneur and to highlight their contribution to the understanding of today’s reality. Design/methodology/approach To do so, the author proposes a sketch of an entrepreneur and banker economics based on the study of six economists (Cantillon, Smith, Bentham, Say, Schumpeter and Baumol) known for their works on entrepreneur theory. In their works, they explained how the (often difficult) relationship between the entrepreneur and the banker is built in a context of multi-uncertainty. They define the entrepreneur in different ways (a risk-taker, a prudent man, a projector, etc.), and put forward different behaviors facing uncertainty through social relations. The relationship between the entrepreneur and the banker can be read according to the grid of analysis of strong or weak ties (Granovetter, 1973). Findings This analysis demonstrates the importance of trust between the two protagonists. This contribution remains fundamental to study the behavior of financers and entrepreneurs today in the context of business eco-systems, clusters, science parks ‒ in other words, the main places of emergence of innovation. Research limitations/implications This research leads to the proposal of the main basis of an economics of the entrepreneur and the banker; it can be further developed with the addition of other contributions of historical economists. Practical implications This research shows the importance of thinking about the ways to build trust within the relation between entrepreneurs and their funders (bankers, venture capital, crowdfunding). Social implications The analysis of social ties (weak or strong) plays a major role in this relation. Originality/value The originality of the article is to come back to the works of pioneer economists and to show their contributions to the understanding of today’s reality.

Possession Is Nine-Tenths of the Law

2021 ◽  
pp. 1-25
Author(s):  
Christian Lund
Keyword(s):  
Property Rights ◽  
Social Relations ◽  
Physical Capacity ◽  
Legal Rights ◽  
The Political ◽  
Ordinary People ◽  
Land Conflicts ◽  
Legal Recognition ◽  
The Law ◽  
The Relationship

This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, more importantly, about social relations and the political and physical capacity to hold things of value: land, in particular. For many people in Indonesia, rights remain a faint promise, and justice a mere rumor. Land conflicts and dispossession have placed unjust burdens on ordinary people for generations and under different regimes. Some people acquire land, but more seem to lose it when their lack of wealth, knowledge, language, connections, and organization leaves them vulnerable. Possession may be nine-tenths of the law, but the last tenth, recognition, still matters a great deal. Moreover, recognition often takes the form of legalization, through efforts to make claims and decisions appear legal. And, crucially, this very plausibility of legality can have the effect of law. The chapter explains that the book is therefore about how and why people and institutions work to make claims stick by legalizing them. It is about the relationship between legal recognition and possession.

Life-Styles and Health: Alternative Patterns

1981 ◽  
Vol 11 (1) ◽  
pp. 53-61 ◽  
Author(s):  
Giovanni Berlinguer
Keyword(s):  
Life Expectancy ◽  
Working Class ◽  
Social Relations ◽  
Environmental Conditions ◽  
Human Life ◽  
Social Systems ◽  
Health Organizations ◽  
Life Styles ◽  
The Way

The life-styles of Europe now stand trial. There is a risk of advocating a rejection of technology on the basis of the drop in human life expectancy, alterations in bio-rhythms, and the phenomenon of alienation. While health organizations could serve as springboards for change in morbific social relations, their main contribution has been to the growth of health consumption. The experience of the working class in Italy in safeguarding health and changing environmental conditions is analyzed. In spite of its difficulties, this experience can provide insight on social systems and point the way toward future progress.

scholarly journals "Life…in the midst of death": Notes on the Relationship Between Slave Insurance, Life Insurance and Disability

2012 ◽  
Vol 32 (3) ◽  
Author(s):  
Michael Ralph
Keyword(s):  
Civil Rights ◽  
Social Movement ◽  
Life Insurance ◽  
To Come ◽  
The Relationship ◽  
The Way ◽  
Movement Politics

<p>This article examines the way post-bellum genres of disability, race, and credit-debt shaped the emergence of US slave insurance and life insurance industries. After all, the same period which witnessed the demise of formal enslavement saw the debut of structures that protected the privilege of people whose wealth and power threatened to come undone: this would include sharecropping and convict leasing. Despite a similar emphasis on institutionalizing credit-debt relations, insurance appears benign by comparison. Even though insurance agencies assign differential value to human lives, the birth of insurance is seen, along with the triumph of capitalism and democracy, as part of the birth of <em>freedom</em>. In what follows, I explore a discourse on debility that was likewise a discourse on debt&mdash;one with enduring resonance for social <em>movement</em> politics.</p><p>Keywords: disability, civil rights, social movement politics, slavery, capitalism</p>

Kant and Confucius: On moral decision-making

2019 ◽  
Vol 10 ◽  
pp. 72-91
Author(s):  
Martyna Świątczak-Borowy
Keyword(s):  
Decision Making ◽  
Social Relations ◽  
Moral Behavior ◽  
Moral Autonomy ◽  
Moral Decision ◽  
Moral Decision Making ◽  
Confucian Thought ◽  
The Relationship ◽  
The Way

The aim of this paper is to determine the patterns of moral decision-making in Kantian and Confucian thought and to assess the necessary preconditions of moral behavior for Kant and Confucius respectively. This paper focuses on comparing the way Kant is structuring constitutive elements of moral decision-making, such as will, reason, or moral autonomy to the way Confucius is structuring the relationship between elements such as duty, commands of Tian, or social relations.

The Type of Temperament, Mood, and Strategies of Categorization

2012 ◽  
Vol 33 (4) ◽  
pp. 227-236 ◽  
Author(s):  
Agata Wytykowska
Keyword(s):  
Information Processing ◽  
Negative Mood ◽  
Cognitive Activity ◽  
Processing Capacity ◽  
Affective Value ◽  
The Relationship ◽  
The Way

In Strelau’s theory of temperament (RTT), there are four types of temperament, differentiated according to low vs. high stimulation processing capacity and to the level of their internal harmonization. The type of temperament is considered harmonized when the constellation of all temperamental traits is internally matched to the need for stimulation, which is related to effectiveness of stimulation processing. In nonharmonized temperamental structure, an internal mismatch is observed which is linked to ineffectiveness of stimulation processing. The three studies presented here investigated the relationship between temperamental structures and the strategies of categorization. Results revealed that subjects with harmonized structures efficiently control the level of stimulation stemming from the cognitive activity, independent of the affective value of situation. The pattern of results attained for subjects with nonharmonized structures was more ambiguous: They were as good as subjects with harmonized structures at adjusting the way of information processing to their stimulation processing capacities, but they also proved to be more responsive to the affective character of stimulation (positive or negative mood).

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