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'A Punishment More Bitter Than Death'

Dirck Coornhert's Boeven-tucht and the Rise of Discipline

Roger Deacon

Dirck Coornhert (1522-90) was a Dutch humanist whose seminal 1587 book, Boeven-tucht, redefined issues of poverty, charity, development and crime. A transitionary document, Boeven-tucht lies on the cusp of what Michel Foucault called the 'great confinement', which took place between about 1600 and 1750 and which was the common response by local and national authorities to the social disorder concomitant upon population expansion, a widening gap between rich and poor, religious discord and war. Inspired by Boeventucht, the Amsterdam Rasphuis and Spinhuis were the European prototypes of houses of correction which sprang up all over Europe, intended to apply 'a punishment more bitter than death' to all 'criminal idlers'. This introduction to the first-ever English translation of Boeven-tucht situates Coornhert's text in the space between unmediated absolutist sovereignty and full-blown modern discipline, when disciplinary techniques were as yet only gradually emerging from the monasteries and lay fraternities in which they had been incubated, and before they spread into all facets of modern society.

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To Punish or to Forgive?

Responding to Dirty Hands in Politics

Cristina Roadevin

How should citizens respond to dirty-hands acts? This issue has been neglected in the theoretical literature, which has focused on the dilemma facing the politician and not on the appropriate responses of citizens. Nevertheless, dirty-hands scenarios pose a serious dilemma for the democratic citizens as well: we cannot simply condone the dirtyhanded act but should instead express our moral condemnation and disapproval. One way of doing this is through blame and punishment. However, this proposal is unsatisfactory, as dirty-hands agents commit wrongdoing through no fault of their own. I argue that we ought to make conceptual space for an idea of no-fault responsibility – and a corresponding notion of no-fault forgiveness – according to which we can hold agents to obligations without blaming them.

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Tolerating the Conditionally Tolerant

The Uneasy Case of Salvation Religions

William A. Edmundson

punishment of sinners, they are engaged in de facto irja . Not out of principle perhaps, but out of pragmatism. Pragmatism of this kind could lead to a mere modus vivendi, which Rawls believed incapable of stabilizing a just liberal society. But for non

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Participatory Democracy in Unlikely Places

What Democratic Theorists Can Learn from Democratic Professionals

Selen A. Ercan’s and Albert W. Dzur

functioning—to people who are not like us. In this context, the galvanizing topic area for me has been punishment. What American institutions have been doing, when we have not been looking, is punishing people of color at an astronomical rate and putting them

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Filimon Peonidis

Ackerman’s Deliberation Day (2004)—as too expensive (45–46). Before I address this question, two remarks are in order. First, it must be made clear that most citizens will suffer a form of punishment once the EL is under way. López-Guerra is right in

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Republican Freedom in the Labour Market

Exploitation Without Interpersonal Domination

Fausto Corvino

In this article, I query whether participation in the labour market can hinder neo-republican freedom as non-domination. I briefly present the view of Philip Pettit on the topic, based on the distinction between offering a reward and threatening a punishment. I compare it to the analysis of labour republicans, recently reconstructed by Alex Gourevitch, according to whom, the exclusion of a group of individuals from the control of productive assets represents a form of structural domination. Then, I explain why I take a position that is different from both. I hold that capitalist structural domination leads only to exploitation, not interpersonal domination. In doing this, I consider two objections that might be raised against my argument. The first one is based on incomplete contracts and on a possible ideal benchmark for job offers. The second one challenges the supposed arbitrariness of unequal property relations within the capitalist social system.

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Patrick Lenta

My purpose in this paper is to assess the plausibility of three claims asserted by Wilhelm Verwoerd in his book Equity, Mercy, Forgiveness: Interpreting Amnesty within the South African Truth and Reconciliation Commission (2007) in support of the granting of amnesty by the South African Truth and Reconciliation Commission. Amnesty in this context refers to conditional amnesty: immunity from prosecution and punishment, conditional upon the full disclosure by perpetrators of the details of their wrongdoing, extended to individuals who had committed gross human rights violations between 1 May 1960 and 10 May 1994. Verwoerd rehearses several arguments that have previously been advanced in support of conditional amnesty, but his original contribution consists in asserting three claims concerning its moral status. These are that the granting of amnesty: (1) satisfies the demands of equity; (2) constitutes an act of mercy; and (3) amounts to forgiveness of perpetrators. I seek to show that, considered separately, each of these claims is false and that, asserted together, they are inconsistent.

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Subjecting International Relations to the Law of Nature

A Neglected Aspect of the Early Modern Jurists and Edmund Burke

Camilla Boisen

In this article, I deal with the issue of how the early modern thinkers dealt, over time, with the question of 'international law' and its enforcement. To draw out Burke's underappreciated view of enforcement, it recounts the law of nations ideas by some of the main jurists of the period such as Vitoria, Gentili and Suárez. As is well known, their differentiation of the law of nations from the law of nature led to the gradual emergence of the legal principle and moral right of intervention to prevent gross violations of the natural law in the discourse of international justice. Such ideas were refined by Grotius, who largely equated international law with punishment, something Pufendorf and Vattel would later criticise. I argue that it is nevertheless Edmund Burke to whom we must look to bridge the two concerns of international law: authority and enforcement. Burke provided the conceptual scope needed to plausibly resolve the issues of enforcement by prescribing specific common law foundations, binding the legal and the moral in international law and presenting it as domestic law. This way of looking at Burke is under-recognised and provides insight into some of the same concerns we face today with enforcement in international law.

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Rianna Oelofsen

why the kind of reconciliation pursued through the TRC in South Africa does not need to result in a denial of justice as Mamdani fears. The article’s overall aim is to clarify the relationship between the concepts of reconciliation, punishment and

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Peter Levine

prescribe punishment.” But little actual insight comes from likening a moral or social problem to a disease, or vice versa. “Traditional disease metaphors are principally a way of being vehement” ( Sontag 1977: 72, 83 ). Sontag's thesis is simple: “illness