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Profile: Mihaela Mihai
  1. Mihaela Mihai & Mathias Thaler (eds.) (forthcoming). The Uses and Abuses of Apology. Palgrave MacMillan.
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  2. Mihaela Mihai, Apology. Internet Encyclopedia of Philosophy.
    Apology An apology is the act of declaring one’s regret, remorse, or sorrow for having insulted, failed, injured, harmed or wronged another. Some apologies are interpersonal (between individuals, that is, between friends, family members, colleagues, lovers, neighbours, or strangers). Other apologies are collective (by one group to another group or by a group to an […].
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  3. Mihaela Mihai (2013). When the State Says “Sorry”: State Apologies as Exemplary Political Judgments. Journal of Political Philosophy 21 (2):200-220.
    This paper aims to offer an account of state apologies that discloses their potential function as catalysing political acts within broader processes of democratic change. While lots of ink has been spilled on analysing the relationship between apologies and processes of recognising the victims and their descendants, more needs to be said about how apologies can challenge the presence of self-congratulatory, distorted visions of history within the public sphere of liberal democracies. My account will be delineated through a critical engagement (...)
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  4. Mihaela Mihai (2011). Emotions and the Criminal Law. Philosophy Compass 6 (9):599-610.
    This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...)
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  5. Mihaela Mihai (2011). Socialising Negative Emotions: Transitional Criminal Trials in the Service of Democracy&Quot;. Oxford Journal of Legal Studies 31 (1):111–131.
    This paper seeks to contribute to the field of transitional justice by adding new insights about the role that trials of victimizers can play within democratization processes. The main argument is that criminal proceedings affirming the value of equal respect and concern for both victims and abusers can contribute to the socialization of citizens’ politically relevant emotions. More precisely, using law constructively to engage public resentment and indignation can be successful to the extent that legality is not sacrificed. In order (...)
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  6. Mihaela Mihai (2010). Criminal Trials in Transitional Periods and the Challenge of Emotions: Stories From Two Countries. Revista Crítica de Ciências Sociais 88:155-184.
    The paper seeks to analyse how two domestic courts decided criminal trials under circumstances of emotional mobilisation and political stress. Decisions from Argentina after 1983 and Romania after Ceausescu’s dictatorship illustrate how citizens’ affects influence courts’ choices within penal cases. Both cases show how the judiciary had to enter a dialogue with resentful and indignant claims for redress. However, while the Argentinean court filtered emotions through the strainer of equal respect and thus pushed the cause of democratic justice ahead, the (...)
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  7. Mihaela Mihai (2010). Public Negative Emotions and the Judicial Review of Transitional Justice Bills: Lessons From Three Contexts. Papeles Del Centro de Estudios Sobre la Identidad Colectiva 60:1-29.
    This article seeks to examine the ways in which courts of constitutional review have tried to deal with public sentiments within societies emerging from large-scale oppression and conflict. A comparative analysis of judicial review decisions from post-communist Hungary, post-apartheid South Africa and post-dictatorial Argentina is meant to show-case how judges have, more or less successfully, recognised and pedagogically engaged social negative feelings of resentment and indignation towards former victimisers and beneficiaries of violence. Thus, the article hopes to pave the way (...)
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  8. Mihaela Mihai (2010). Transitional Justice and the Quest for Democracy: A Contribution to a Political Theory of Democratic Transformations. Ratio Juris 23 (2):183-204.
    The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help the reproduction of democracy. However, (...)
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