How does Tort Law deal with Historical Injustice?

How does tort law deal with historical injustice? This question appears of increasing relevance since the global quest for the reparation of historical injustices influences tort law. This contribution seeks to offer an answer to it by addressing three sub-questions: (1) how may reparation be claimed, that is, what kind of reparation claims are possible and what problems do they encounter?; (2) why should these claims be sustained, that is, how do they fit in the traditional legitimation patterns of tort law?; and (3) when are they most likely to be sustained, that is, what conditions will enhance their chances of success? In this article I draw on examples from the slavery reparation suits in the US, post-colonial redress cases in the Netherlands, and sexual abuse cases against clergymen (amongst others). I conclude that only under specific circumstances can tort law offer a remedy for historical injustice. Amongst the variables of successful claims are the period of time that has lapsed, the nature of the parties, the remedies claimed, the moral legitimation, and political considerations. This list is not closed, however, since many more cases are to be expected.

MENARASIKAN KISAH-KISAH AL-QUR’AN DALAM RUANG HISTORIS (Studi Pemikiran Karel Steenbrink dalam The Jesus Verse of the Qur’an)

The logical consequence of the revelation pattern which was annuled in the books of Qur’anic studies is that revelation (in this case al-Qur’an) seeks dialogue with the social-political dynamic of the Arab community. This thesis requires an understanding of the Qur’an depart from historical study of the verse where spesifically time and place of the verse was revealed. This model of interpretation has been aplied by Muslim scholars to a number of verses for getting a holistic meaning, but still not in the verses of the story. The accentuation of Muslim scholar interpretation tends to jump over ona stage then give moral legitimation. By that, Karel Streenbrink initiated the importance of historical analysis/historical explanation of the Qur’anic naratives. This study will discuss the patterns of interpretation and aplication of the theory of Karel Streenbrink in Jesus Verse of the Qur’an.

Legitimation in discourse: The case of women subjected to violence

This article attempts to analyze the discourse of women subjected to marital violence. In this regard, we will analyze how these women legitimize their discourse through evaluation as a narrative component and as a strategy that aims to establish a mode of argumentation that victimizes them and demonizes the violent husbands. The site from which the data is extracted is a TV talk show “Qesset Nnass” (The story of people) on the Moroccan TV channel Medi 1 TV. Specifically, we will be concerned with the ways women articulate propositions through moral legitimation to send messages that can only be decoded by reference to the cultural variable of language. The stories scrutinized are significant in that they foreground the extreme suffering women are subject to within a patriarchal society that leaves no room for acceptable alternatives at the economic, legal, and social levels.

The “Good” Smuggler: The Ethics and Morals of Human Smuggling among Syrians

This article challenges the categorization of smugglers as wicked villains by exploring smuggling’s moral economy. I present findings from two years of ethnographic field research on Syrian refugees and smugglers in Turkey, Lebanon, Jordan, Italy, and along the so-called Balkan route (Greece, Macedonia, and Serbia). The relationship between the smugglers and the migrants appeared to be rich in solidarity and reciprocity and grounded in local notions of morality. Far from the dominant official narrative in the West of reckless criminals driven only by profit, smugglers sought and often found moral legitimation by using long-held notions of morality and religious duties when confronting the risky realities of their illicit enterprise.

Discursive construction of the legitimacy of a place marketing project: the case of North Karelia

Purpose The purpose of this paper is to theoretically explain the significance of discourse for the construction of the legitimacy of place marketing practice, and to illustrate empirically how this is done in a “genre of strategy”. Design/methodology/approach The paper applies a critical discourse analysis perspective, and utilises a theoretical framework of four legitimation strategies of authorisation, moral evaluation, rationalisation and mythopoesis to analyse how the legitimacy of a place marketing project carried out in the region of North Karelia, Finland, is discursively constructed within strategic documents of the project. Findings Several discursive legitimation strategies were recognised. The authority of the project was constructed by referring to the organisational context of the project, while rational and moral legitimation strategies drew from hegemonic discourses of regional competitiveness, attractiveness and cooperation. These discourses were further connected to discussions of contemporary regional development in Finland and in Europe. Research limitations/implications While the paper underlines the significance of the “genre of strategy” for the discursive legitimation of place marketing projects, it points out that it does not extend to cover the reception or change over time of the legitimation strategies, that should be addressed in further studies. Originality/value The paper presents an original perspective on legitimacy of place marketing projects by introducing discourse as a central element in the construction of legitimacy. This is especially useful for critical purposes, as it allows the discourses that legitimise place marketing practice to be placed under scrutiny, hence opening up the possibility for alternative discourses to emerge.

KEARIFAN LOKAL SEBAGAI RESOLUSI KONFLIK KEAGAMAAN

<p class="IIABSBARU">This article aims to analyze relation between local wisdom within religion conflicts resolution in post conflict divided society of Maluku. In the case of Maluku conflict religion was not core sources, but rivalry among societal element to compete for bureaucracy position and economic-politic resources. Religion is only becoming supporting conflict which provides moral legitimation and politic identity to strike others. The history of Maluku conflict indicated by subordination and domination relations that resulted discrimination and marginalization amidst society. The fallacy of the new order regime in 1999 can be said conflict escalation in Maluku that murdered million innocent peoples. Maluku conflict had resolved by Malino peace treaty in 2002 and 2003, however potency of conflict in grassroots can be reduced by local wisdom values. Pela gandong as local wisdom had a pivotal role in reconciliation process to recapitalize social capital which cracked during conflict. In addition to local wisdom, representation in bureaucracy also hold role player to reducing social gap between society elemental in Maluku.</p><p class="IKa-ABSTRAK">***</p>Tulisan ini bertujuan untuk menganalisis kearifan lokal sebagai resolusi konflik keagamaan di masyarakat pasca konflik Maluku. Dalam kasus konflik Maluku, agama bukanlah sumber utama, namun rivalitas antar elemen masyarakat dalam memperebutkan sumber daya ekonomi-politik dan birokrasi yang menjadi per­masalahannya. Agama hanya menjadi faktor pendukung yang menyediakan ada­nya legitimasi moral dan identitas politik untuk melakukan kekerasan ter­hadap orang lain. Sejarah konflik Maluku ditandai dengan relasi subordinasi dan domi­nasi yang menghasilkan adanya diskriminasi dan marjinalisasi di tengah masya­rakat. Jatuhnya rezim Orde Baru tahun 1999 dapat dikatakan sebagai pun­cak konflik Maluku yang telah membunuh jutaan nyawa manusia tidak bersalah. Konflik Maluku telah diselesaikan melalui perjanjian damai Malino tahun 2002 dan 2003, namun demikian potensi konflik di akar masyarakat dapat dikurangi melalui nilai-nilai kearifan lokal. <em>Pela gandong</em> sebagai kearifan lokal mempunyai peran penting dalam rekonsiliasi dengan menyatukan kembali solidaritas masya­rakat yang terpecah selama konflik. Selain halnya kearifan lokal, re­presentasi dalam birokrasi juga memegang peran utama dalam mereduksi kesenjangan sosial antara elemen masyarakat di Maluku.

Dimensi moral dalam kekuasaan politik

The oldest legitimation of authority is religious legitimation, a doctrine of the Middle Ages. The King is believed as the figure manifested of God authority. like the religious concept, the Javanese mystical concepts believe that the King authority comes from the supernatural power, not from people support. Although that opinion is considered as religious legitimation, but Islam is not like it. The Holy Qur'an more emphasizes for justice and morality in political system. In the Javanese mystical perception, King is looked as a microcosm who can reserves the power of a macrocosm and then emanates it. The King's character should indicate natural power, such as power of the sun, moon, star, etc. The other side of harmony with whole world, the King must be able to create a social harmony. Political ethics in democracy political system based on Pancasila also emphasizes that the legitimation of authority comes from people mandate, as a principle of democracy. Even though, the authority's moral and moral responsibility of authority must be appreciated and respected. The opinion that authority is not a moral legitimation and the authority is not personification of moral goodness should be rejected

Any Name Illegal and Immoral

Since November 2000, Israel has been implementing an assassination policy in the occupied territories. The Israeli policy is both illegal and immoral. The legal questions are much more complicated than would appear from David's argument. Although individual killings may be lawful in specific cases, this debate concerns a policy providing systematic justification for such acts. Neither international nor Israeli law ensures any backing for this policy. Armed Palestinians are not combatants according to any known legal definition. They are civilians–which is the only legal alternative–and can only be attacked for as long as they actively participate in hostilities.The argument that this policy affords the public a sense of revenge and retribution could serve to justify acts both illegal and immoral. Clearly, lawbreakers ought to be punished. Yet, no matter how horrific their deeds, as the targeting of Israeli civilians indeed is, they should be punished according to the law. David's arguments could, in principle, justify the abolition of formal legal systems altogether.The Israeli government has not endorsed the minor changes of policy that David suggests, and for a reason. Israel's initial refusal to acknowledge the very existence of this policy and even its later hesitant admission suggest it is aware of the problems the policy entails and of the difficulties of dismissing them. Assassinations have been part of Israel's security policy for many years, and Israel is currently the only democratic country that regards such measures as legitimate. The Palestinian violations of international law, however, cannot be used to grant legal and/or moral legitimation to these violations when perpetrated by others.