Search Results

You are looking at 31 - 35 of 35 items for :

Clear All
Restricted access

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.

Restricted access

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.

Restricted access

Social Response to Age-Gap Sex Involving Minors

Empirical, Historical, Cross-Cultural, and Cross-Species Considerations

Bruce Rind

Social response to age‐gap sex involving minors has become increasingly severe. In the US, non‐coercive acts that might have been punished with probation 30 years ago often lead to decades in prison today. Punishment also increasingly includes civil commitment up to life, as well as scarlet‐letter‐like public registries and onerous residence restrictions for released offenders. Advocates and the general public approve, believing that age‐gap sex with minors is uniquely injurious, pathological, and criminal. Critics argue that public opinion and policy have been shaped by moral panic, consisting of unfounded assumptions and invalid science being uncritically promoted by ideology, media sensationalism, and political pandering. This talk critically examines the basic assumptions and does so using a multi‐perspective approach (empirical, historical, cross‐cultural, cross‐species) to overcome the biases inherent in traditional clinical‐forensic reports. Non‐clinical empirical reviews of age‐gap sex involving minors show claims of intense, pervasive injuriousness to be highly exaggerated. Historical and cross‐cultural reviews show that adult‐adolescent sexual relations have been common and frequently socially integrated in other times and places, indicating that present‐day Western conceptualizations are socially constructed to reflect current social and economic arrangements rather than expressions of a priori truths. Analogous relations in primates are commonplace, non‐pathological, and not infrequently functional, contradicting implicit assumptions of a biologically‐based “trauma response” in humans. It is concluded that, though age‐gap sex involving minors is a significant mismatch for contemporary culture—and this talk therefore does not endorse it—attitudes and social policy concerning it have been driven by an upward‐spiraling moral panic, which itself is immoral in its excessive adverse consequences for individuals and society.

Open access

Silence against Political Rape

Arab Women's Subalterniy During Political Struggles

Ola Abdalkafor

Arab Spring movements in many Arab countries revealed a gap at the heart of Arab society and politics: the large-scale subalternity of Arab women in such movements. In this essay, I hypothesize that, with few exceptions, Arab women have always avoided participation in social and political activism because of their fear of political rape – raping women as punishment during political turmoil. The essay traces the history of political rape through different stages of Arab history. The examples are taken from history, literature and international reports and they mainly cover three countries: Syria, Egypt, and Libya. These examples prove that vulnerable women’s horror at any possibility of their being sexually abused and then rejected by their families and society has always haunted them, preventing them from struggling or protesting. The essay concludes that subalternity is the only stance from which Arab women can encounter political rape. Then, the essay discusses the subalternity of Arab women in the light of the thought of the postcolonial critic Gayatri Spivak. This argument leads to the contention that the silence of Arab women vulnerable to political rape should not be considered passive and that feminist theories and actions cannot be successful in supporting subaltern Arab women without the ethical responsibility theorized by Spivak as the most appropriate approach to the subaltern female. This approach entails respecting subaltern Arab women’s culture and fears and avoiding any attempt to make them copies of the European feminist self. Subaltern Arab women who are afraid of being sexually abused have the right to protect their bodies and stick to their culture while still participating in public life.

Restricted access

Jens Kreinath and Refika Sariönder

. After the food was blessed, Mehmet Dede gave permission to eat. He immediately added that anyone who had eaten before his blessing should come forward for punishment ( ceza ). Some got up at once, while others came only after he made his demand more