accountability for collective wrongdoing

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Accountability For Collective Wrongdoing

Author : Tracy Isaacs
ISBN : 9781139497312
Genre : Law
File Size : 39. 62 MB
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Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.

Accountability For Collective Wrong Doing

Author : Tracy Lynn Isaacs
ISBN : 1139010875
Genre : Crimes against humanity
File Size : 81. 10 MB
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Collective Responsibility And Accountability Under International Law

Author : Shane Darcy
ISBN : 9789047431282
Genre : Law
File Size : 27. 34 MB
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Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable.

Complicity

Author : Christopher Kutz
ISBN : 0521039703
Genre : Law
File Size : 89. 83 MB
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This book examines the relationship between collective responsibility and individual guilt.

Moral Responsibility In Collective Contexts

Author : Tracy Isaacs
ISBN : 9780199782963
Genre : Philosophy
File Size : 50. 36 MB
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Genocide, global warming, organizational negligence, and oppressive social practices are four examples of moral contexts in which the interplay between individuals and collectives complicate how we are to understand moral responsibility. Moral Responsibility in Collective Contexts is a philosophical investigation of the complex moral landscape we find in collective situations such as these. Tracy Isaacs argues that an accurate understanding of moral responsibility in collective contexts requires attention to responsibility at the individual and collective levels. Part One establishes the normative significance of collective responsibility. Isaacs argues that collective responsibility is indispensible to providing a morally adequate account of collective actions such as genocide, and that without it even individual responsibility in genocide would not make sense. Isaacs explains the concepts of collective intention and collective intentional action, provides accounts of collective moral responsibility and collective guilt, and defends collective responsibility against objections, including the objection that collective responsibility holds some responsible for the actions of others. Part Two focuses on individual responsibility in collective contexts. Isaacs claims that individuals are not morally responsible for collective actions as such, but they can be responsible in collective actions for the parts they play. She argues that the concept of collective obligation can help to address large scale global challenges such as global warming, environmental degradation, and widespread poverty and malnutrition. Finally, Isaacs discusses cases of widespread ignorance and participation in wrongful social practice, whether it constitutes an excuse, and how to effect social change in those conditions.

Making Amends

Author : Linda Radzik
ISBN : 9780199888313
Genre : Philosophy
File Size : 62. 42 MB
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Can wrongs be righted? Can we make up for our misdeeds, or does the impossibility of changing the past mean that we remain permanently guilty? While atonement is traditionally considered a theological topic, Making Amends uses the resources of secular moral philosophy to explore the possibility of correcting the wrongs we do to one another. Philosophers generally approach the problem of past wrongdoing from the point of view of either a judge or a victim. They assume that wrongdoing can only be resolved through punishment or forgiveness. But this book explores the responses that wrongdoers can and should make to their own misdeeds, responses such as apology, repentance, reparations, and self-punishment. Making Amends explores the possibility of atonement in a broad spectrum of contexts--from cases of relatively minor wrongs in personal relationships, to crimes, to the historical injustices of our political and religious communities. It argues that wrongdoers often have the ability to earn redemption within the moral community. Making Amends defends a theory of atonement that emphasizes the rebuilding of respect and trust among victims, communities and wrongdoers. The ideal of reconciliation enables us to explain the value of repentance without restricting our interest to the wrongdoer's character, to account for the power of reparations without placing a dollar value on dignity, to justify the suffering of guilt without falling into a simplistic endorsement of retribution, and to insist on the moral responsibility of wrongdoing groups without treating their members unfairly.

Responsibility And Punishment

Author : J. Angelo Corlett
ISBN : 9789401598514
Genre : Philosophy
File Size : 58. 55 MB
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A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.

The Constitution Of The Criminal Law

Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 32. 36 MB
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

A Companion To Rawls

Author : Jon Mandle
ISBN : 9781118328415
Genre : Philosophy
File Size : 20. 8 MB
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Wide ranging and up to date, this is the single mostcomprehensive treatment of the most influential politicalphilosopher of the 20th century, John Rawls. An unprecedented survey that reflects the surge of Rawlsscholarship since his death, and the lively debates that haveemerged from his work Features an outstanding list of contributors, including senioras well as “next generation” Rawls scholars Provides careful, textually informed exegesis andwell-developed critical commentary across all areas of his work,including non-Rawlsian perspectives Includes discussion of new material, covering Rawls’swork from the newly published undergraduate thesis to the finalwritings on public reason and the law of peoples Covers Rawls’s moral and political philosophy, hisdistinctive methodological commitments, and his relationships tothe history of moral and political philosophy and to jurisprudenceand the social sciences Includes discussion of his monumental 1971 book, A Theory ofJustice, which is often credited as having revitalizedpolitical philosophy

Complicity

Author : Christopher Lee Kutz
ISBN : UCAL:C3392562
Genre :
File Size : 70. 51 MB
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