Search results for 'Reconciliation (Law' (try it on Scholar)

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  1.  21
    Emilios A. Christodoulidis & Scott Veitch (eds.) (2001). Lethe's Law: Justice, Law and Ethics in Reconciliation. Hart Publishing.
    This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past.
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  2.  42
    Colleen Murphy (2007). Political Reconciliation, the Rule of Law, and Genocide. The European Legacy 12 (7):853-865.
    Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath of systematic and egregious wrongdoing, in particular genocide. The first two sections discuss what political reconciliation specifically requires. I argue that it neither entails nor necessitates forgiveness. Rather, I claim, political reconciliation should be conceptualized as the (re-)establishment of Fullerian mutual respect for the rule of law. When a society governs by law, (...)
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  3. Jennifer Balint (2001). Law's Constitutive Possibilities: Reconstruction and Reconciliation in the Wake of Genocide and State Crime. In Emilios A. Christodoulidis & Scott Veitch (eds.), Lethe's Law: Justice, Law and Ethics in Reconciliation. Hart Publishing
     
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  4. Colleen Murphy (2006). Political Reconciliation, the Rule of Law and Post-Traumatic Stress Disorder. In Nancy Potter (ed.), Trauma, Truth and Reconciliation: Healing Damaged Relationships. OUP Oxford
     
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  5. J. L. O'Donovan (1994). Book Review : Faith and Order: The Reconciliation of Law and Religion, by Harold J. Berman. Atlanta, Ga., Scholars Press, 1993. Xii + 415 Pp. US$ 89.95 (Hardback), 24.95 (Paperback). [REVIEW] Studies in Christian Ethics 7 (2):112-118.
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  6.  4
    Andrew Schaap (2002). Lethe's Law: Justice, Law and Ethics in Reconciliation. Contemporary Political Theory 1 (1):129-131.
  7.  3
    J. Webb (2002). Lethe's Law: Justice, Law and Ethics in Reconciliation. Contemporary Political Theory 1 (1):129-131.
  8.  2
    Bjarne Melkevik (2004). The Customary Law of Indigenous Peoples and Modern Law: Rivalry or Reconciliation? In J. R. Clammer, Sylvie Poirier & Eric Schwimmer (eds.), Figured Worlds: Ontological Obstacles in Intercultural Relations. University of Toronto Press 225.
  9. Brian E. Butler (2002). Emilios Christodoulidis and Scott Veitch, Lethe's Law: Justice, Law and Ethics in Reconciliation Reviewed By. Philosophy in Review 22 (4):263-265.
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  10. Adam Gearey (2003). Lethe's Law: Justice, Law and Ethics in Reconciliation. Legal Ethics 6 (2):217-221.
     
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  11.  11
    Alice MacLachlan (2016). Political Reconciliation and Political Health. Criminal Law and Philosophy 10 (1):143-152.
    In A Moral Theory of Political Reconilication, Colleen Murphy brings much-needed clarity to debates over political reconciliation by setting out plausible desiderata for a satisfactory theory. She responds to these desiderata by introducing three normative frameworks which, taken together, measure reconciliation: the rule of law, trust and trust responsiveness, and support for political capabilities. In my remarks, I raise two concerns about the relationships among these normative frameworks, and the extent to which they are emblematic of political (...), specifically, rather than political health more generally. (shrink)
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  12.  4
    Jonas Prapiestis & Agnė Baranskaitė (2011). The Basics of the Principle of Legal Concord in Criminal Law (article in German). Jurisprudence 18 (1):285-302.
    In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that the purpose (...)
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  13.  52
    Colleen Murphy (2010). A Moral Theory of Political Reconciliation. Cambridge University Press.
    Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this important new book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political (...) ought to promote. Building on this analysis, she proposes a normative model of political relationships. A Moral Theory of Political Reconciliation delivers an original account of the failure and restoration of political relationships, which will be of interest to philosophers, social scientists, legal scholars, policy analysts, and all those who are interested in transitional justice, global politics, and democracy. (shrink)
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  14.  92
    Alice MacLachlan (2012). The Values of Political Reconciliation. [REVIEW] Transnational Legal Theory 3 (1):95-100.
  15.  77
    Lars Vinx (2007). Hans Kelsen's Pure Theory of Law: Legality and Legitimacy. Oxford University Press.
    Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -- Kelsen's legal cosmopolitanism -- Conclusions : the pure theory of law and contemporary positivism.
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  16.  12
    Alice MacLachlan & C. Allen Speight (eds.) (2013). Justice, Responsibility, and Reconciliation in the Wake of Conflict. Springer.
    What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, (...)
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  17. Joseph Raz (2005). Can There Be a Theory of Law? In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub.
    The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place (...)
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  18.  2
    Massimo Leone (2009). The Semiotic Therapy of Religious Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (3):293-306.
    Religion can bring about social harmony as well as social conflict. Religious law is a key element in both cases. Scholars can explain how religious law changes according to historical and socio-cultural context. They can also help reengineering prescriptions that cause social conflict. Changes in religious law can be explained according to a chronological rhetoric (certain agents cause certain changes) or according to a logical rhetoric (a change acquires its meaning in opposition to other possible changes). The two approaches are (...)
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  19.  25
    Rinat M. Nugayev (2000). Early Quantum Theory Genesis: Reconciliation of Maxwellian Electrodynamics, Thermodynamics and Statistical Mechanics. Annales de la Fondation Louis de Broglie 25 (3-4):337-362.
    Genesis of the early quantum theory represented by Planck’s 1897-1906 papers is considered. It is shown that the first quantum theoretical schemes were constructed as crossbreed ones composed from ideal models and laws of Maxwellian electrodynamics, Newtonian mechanics, statistical mechanics and thermodynamics. Ludwig Boltzmann’s ideas and technique appeared to be crucial. Deriving black-body radiation law Max Planck had to take the experimental evidence into account. It forced him not to deduce from phenomena but to use more theory instead. The experiments (...)
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  20.  10
    John William Tate (forthcoming). Locke, Toleration and Natural Law: A Reassessment. European Journal of Political Theory:1474885115609739.
    There is an increasingly prevalent view among some contemporary Locke scholars that Locke's political philosophy is thoroughly subordinate to theological imperatives, centered on natural law. This article challenges this point of view by critically evaluating this interpretation of Locke as advanced by some of its leading proponents. This interpretation perceives natural law as the governing principle of Locke's political philosophy, and the primary source of transition and reconciliation within it. This article advances a very different reading of Locke's political (...)
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  21.  25
    Olúfémi Táíwò (2001). On the Limits of Law at Century's End. The Proceedings of the Twentieth World Congress of Philosophy 11:69-80.
    In this paper, I examine the generally accepted idea that law has definite limits to what it can be used to achieve. Toward this end, I discuss the limits of law as suggested by the Truth Commissions and the Truth and Reconciliation Commissions (TRC), and summarize the divergences between law and the TRC. I suggest reasons why law may not serve or may underserve the purpose of healing and reconciliation in our time and conclude that the TRC is (...)
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  22.  6
    Michael Gordon (2015). A Basis for Positivist and Political Public Law: Reconciling Loughlin's Public Law with Legal Positivism. Jurisprudence 7 (3):449-477.
    This article analyses the work of Martin Loughlin on the nature of public law, and in particular, his ostensibly strident anti-positivism. It is argued that despite this, Loughlin's work can be reconciled with a normative account of legal positivism, based on the work of Jeremy Waldron. The article maintains that Loughlin's account of public law as political jurisprudence is methodologically compatible with, and potentially even substantively complementary to, normative legal positivism. It is ultimately suggested that this reconciliation provides a (...)
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  23.  5
    Michael Gordon (2015). A Basis for Positivist and Political Public Law: Reconciling Loughlin's Public Law with Legal Positivism. Jurisprudence 7 (3):449-477.
    This article analyses the work of Martin Loughlin on the nature of public law, and in particular, his ostensibly strident anti-positivism. It is argued that despite this, Loughlin's work can be reconciled with a normative account of legal positivism, based on the work of Jeremy Waldron. The article maintains that Loughlin's account of public law as political jurisprudence is methodologically compatible with, and potentially even substantively complementary to, normative legal positivism. It is ultimately suggested that this reconciliation provides a (...)
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  24. Bert Van Roermund (2001). Rubbing Off and Rubbing On: The Grammar of Reconciliation. In Emilios A. Christodoulidis & Scott Veitch (eds.), Lethe's Law: Justice, Law and Ethics in Reconciliation. Hart Publishing
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  25.  8
    Tracy Isaacs (2016). International Criminal Courts and Political Reconciliation. Criminal Law and Philosophy 10 (1):133-142.
    In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I claim (...)
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  26.  4
    Cindy Holder (2016). Transition, Trust and Partial Legality: On Colleen Murphy’s A Moral Theory of Political Reconciliation. Criminal Law and Philosophy 10 (1):153-164.
    In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important (...)
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  27. Gcgj Van Roermund (2001). Rubbing Off and Rubbing On: The Grammar of Reconciliation. In Emilios A. Christodoulidis & Scott Veitch (eds.), Lethe's Law: Justice, Law and Ethics in Reconciliation. Hart Publishing
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  28.  3
    Cbn Gade (2013). Restorative Justice and the South African Truth and Reconciliation Process. South African Journal of Philosophy 32 (1):10-35.
    It has frequently been argued that the post-apartheid Truth and Reconciliation Commission (TRC) was committed to restorative justice (RJ), and that RJ has deep historical roots in African indigenous cultures by virtue of its congruence both with ubuntu and with African indigenous justice systems (AIJS). In this article, I look into the question of what RJ is. I also present the finding that the term ‘restorative justice’ appears only in transcripts of three public TRC hearings, and the hypothesis that (...)
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  29. Raoul J. Adam (2016). Education for Wicked Problems and the Reconciliation of Opposites: A Theory of Bi-Relational Development. Routledge.
    The recognition and reconciliation of ‘opposites’ lies at the heart of our most personal and global problems. These problems are ‘wicked’ in the sense that they are difficult or impossible to solve and arise at the interface of interdependent polarities. By exploring the human tendency to divide the world into two parts, _Wicked Problems & the Reconciliation of Opposites_ argues that our relationship with such pairings and polarities is profoundly important to the way we recognise and resolve wicked (...)
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  30. Jeffrie G. Murphy (2014). Punishment and the Moral Emotions: Essays in Law, Morality, and Religion. Oxford University Press Usa.
    This collection of essays presents Jeffrie G. Murphy's most recent ideas on punishment, forgiveness, and the emotions of resentment, shame, guilt, remorse, love, and jealousy. In Murphy's view, conscious rationales of principle -- such as crime control or giving others what in justice they deserve -- do not always drive our decisions to punish or condemn others for wrongdoing. Sometimes our decisions are in fact driven by powerful and rather base emotions such as malice, spite, envy, and cruelty. But our (...)
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  31. Valerie Kerruish (2001). Reconciliation, Property and Rights. In Emilios A. Christodoulidis & Scott Veitch (eds.), Lethe's Law: Justice, Law and Ethics in Reconciliation. Hart Publishing 200.
     
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  32.  19
    Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International (...)
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  33. Colleen Murphy (2004). The Nature and Moral Importance of Political Reconciliation. Dissertation, The University of North Carolina at Chapel Hill
    Societies in transition from repressive rule or civil conflict to a just social order confront distinctive challenges. Many authors claim that the long-term stability of newly established democracies depends crucially upon the ability of former adversaries to reconcile. Interestingly, however, authors typically assume, rather than attempt to prove, the truth of this claim, thereby presupposing the moral value of political reconciliation. Similar assumptions underlie debates about whether truth commissions can be morally justified in granting amnesty to perpetrators of offenses (...)
     
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  34. Nancy Potter (ed.) (2006). Trauma, Truth and Reconciliation: Healing Damaged Relationships. Oxford University Press Uk.
    People do great wrongs to each other all the time, sometimes deliberately, sometimes accidentally. Many within the fields of mental health are centrally involved in helping people to heal from traumatic events and to come to terms with wrongs done to them by others. However, there is surprisingly little in the way of guidance, few texts that situate healing from trauma or evildoing within a combined political and philosophical context. This book looks at how people, communities, and nations can address (...)
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  35.  39
    Linda Radzik (2009). Making Amends: Atonement in Morality, Law, and Politics. Oxford University Press.
    An ethic for wrongdoers -- Repaying moral debts : self-punishment and restitution -- Changing one's heart, changing the past : repentance and moral transformation -- Reforming relationships : the reconciliation theory of atonement -- Forgiveness, self-forgiveness, and redemption -- Making amends for crime : an evaluation of restorative justice -- Collective atonement : making amends to the Magdalen penitents.
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  36.  70
    Paul Komesaroff, Elizabeth Kath & Paul James (2011). Reconciliation and the Technics of Healing. Journal of Bioethical Inquiry 8 (3):235-237.
    Reconciliation and the Technics of Healing Content Type Journal Article Pages 235-237 DOI 10.1007/s11673-011-9318-y Authors Paul A. Komesaroff, Monash Centre for Ethics in Medicine and Society, Monash University, Melbourne, Vic., Australia Elizabeth Kath, Global Cities Institute, RMIT University, Melbourne, Vic., Australia Paul James, Global Cities Institute, RMIT University, Melbourne, Vic., Australia Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 3.
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  37.  61
    William C. Bradford (2006). Acknowledging and Rectifying the Genocide of American Indians: "Why is It That They Carry Their Lives on Their Fingernails?". Metaphilosophy 37 (3-4):515–543.
  38.  45
    Vefa Karatay & Yagmur Denizhan (2005). In Search of a Reconciliation Between Semiotics, Thermodynamics and Metasystem Transition Theory. Axiomathes 15 (1):47-61.
    The disciplines of cybernetics, semiotics and thermodynamics investigate evolutionary processes quite independently from each other. The aim of this paper is to draw the parallels and point out the possibility and necessity of a reconciliation between these disciplines. The concept of metasystem transition has been proposed by Turchin as a quantum of evolution from a cybernetic point of view. Semiotic processes are of prime importance for the realisation of metasystem transitions in the course of evolution. From a thermodynamic point (...)
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  39. Erzsébet Rózsa (2005). Versöhnung Und System: Zu Grundmotiven von Hegels Praktischer Philosophie. Wilhelm Fink.
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  40.  2
    Jack B. Hamlin & Akira Hokamura (2014). The Cultural Context of Restorative Justice: Journeys Through Our Cultural Forests to a Well-Spring of Healing. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):291-310.
    In the field of Conflict Transformation, Restorative Justice is often perceived as a transformative process focused on healing relationships after a specific harm. The parties considered in a RJ setting are those harmed, those responsible and the community impacted. This is particularly true in the field of criminal and transitional justice, and in an extended and spiritual view, there is reconciliation with the parties and God. Despite cultural differences, RJ theory and concepts have been accepted favorably in the many (...)
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  41. Shafi Fazaluddin (2016). Conciliation Ethics in the Qurʾan. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):333-358.
    The concept of Conciliation Ethics in the Qurʾan is a crucial aspect of Islamic Law: Conciliation features notably in the Qurʾanic text which gives rise to Islamic rules and regulations, Conciliation is an important dispute resolution method in an Islamic legal system, and Conciliation-related Qurʾanic textual analysis reveals a broad range of legal language and concepts. Traditional studies of Conciliation in the Qurʾan have often focussed on the process of ṣulḥ through intermediaries, particularly in marriage and between groups of Muslims, (...)
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  42.  28
    Gregory Brown (2011). Disinterested Love: Understanding Leibniz's Reconciliation of Self- and Other-Regarding Motives. British Journal for the History of Philosophy 19 (2):265-303.
    While he was in the employ of the Elector of Mainz, between 1668 and 1671, Leibniz produced a series of important studies in natural law. One of these, dated between 1670 and 1671, is especially noteworthy since it contains Leibniz's earliest sustained attempt to develop an account of justice. Central to this account is the notion of what Leibniz would later come to call `disinterested love', a notion that remained essentially unchanged in Leibniz's work from this period to the end (...)
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  43.  65
    Peter Vanderschraaf (2010). The Invisible Foole. Philosophical Studies 147 (1):37 - 58.
    I review the classic skeptical challenges of Foole in Leviathan and the Lydian Shepherd in Republic against the prudential rationality of justice. Attempts to meet these challenges contribute to the reconciliation project (Kavka in Hobbesian moral and political theory , 1986 ) that tries to establish that morality is compatible with rational prudence. I present a new Invisible Foole challenge against the prudential rationality of justice. Like the Lydian Shepherd, the Invisible Foole can violate justice offensively (Kavka, Hobbesian moral (...)
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  44.  75
    Michael Otsuka (1998). Self-Ownership and Equality: A Lockean Reconciliation. Philosophy and Public Affairs 27 (1):65–92.
    I thank the members of the Law and Philosophy Discussion Group in Los Angeles and those who attended a talk sponsored by the philosophy department at New York University, where I presented earlier versions of this paper. I would also like to thank G. A. Cohen, Stephen Munzer, Seana Shiffrin, Peter Vallentyne, Andrew Williams, and the editors of Philosophy & Public Affairs, who read and provided written commentary on earlier drafts.
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  45.  13
    Colleen Murphy (2010). Political Reconciliation and International Criminal Trials. In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press
  46.  14
    Robert M. Wallace (1996). Hegel's Social Philosophy: The Project of Reconciliation. Journal of the History of Philosophy 34 (3):468-469.
    468 JOURNAL OF THE HISTORY OF PHILOSOPHY 34:3 JULY 1996 right that this distinction need not be a problem for Kant's, or his own, account. Indeed, further discussion of this could be the basis for defending both empirical explanation and a more interpretive or phenomenological understanding of events. But Hudson does not provide this discussion, and without it the "thinkability" of the free agency description is weak. Hudson himself seems uncertain at times as to how much authority to grant to (...)
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  47.  50
    Michael Clark & Peter Cave (2010). Nowhere to Run? Punishing War Crimes. Res Publica 16 (2):197-207.
    This paper’s aim is to provide overview of the punishment of war crimes. It considers first the rationale of the law of war, the identification and scope of war crimes, and proceeds to consider the justification of punishing war crimes, arguing for a consequentialist view with side-constraints. It then considers the alternative of reconciliation.
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  48.  9
    Jovana Davidovic (2015). Finding Space for Criminal Prosecutions Post‐Conflict. Journal of Applied Philosophy 32 (1):53-68.
    Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and (...)
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  49.  31
    Paul Litton, Non-Beneficial Pediatric Research and the Best Interests Standard: A Legal and Ethical Reconciliation.
    Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited (...)
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  50.  1
    Claire Moon (2004). Prelapsarian State: Forgiveness and Reconciliation in Transitional Justice. International Journal for the Semiotics of Law Revue Internationale de Sémiotique Juridique 17 (2):185-197.
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