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Stories told about violence, trauma, and loss inform knowledge of post-conflict societies. Stories have a context which is part of the story-teller’s life narrative. Reasons for silences are varied. This article affirms the importance of telling and listening to stories and notes the significance of silences within transitional justice’s narratives. It does this in three ways. First, it outlines a critical narrative theory of transitional justice which confirms the importance of narrative agency in telling or withholding stories. Relatedly, it affirms the importance of story-telling as a way to explain differentiated gender requirements within transitional justice processes. Second, it examines gendered differences in the ways that women are silenced by shame, choose silence to retain self-respect, use silence as a strategy of survival, or an agential act. Third, it argues that compassionate listening requires gender-sensitive responses that recognize the narrator’s sense of self and needs.  相似文献   

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Following its transition to democracy from an authoritarianmilitary rule marked by gross violations of human rights, Nigeriaestablished the Human Rights Violations Investigations Commission(HRVIC) in 1999. This paper critically examines the contributionsof the HRVIC, popularly known as the ‘Oputa Panel,’to the field of transitional justice and the rule of law. Itsets out the process of establishing the Commission, its mandateand how this mandate was interpreted during the course of theCommission's work. The challenges faced by the Oputa Panel,particularly those that relate to its legal status and relationshipwith the judiciary, are analyzed in an attempt to draw usefulguidelines from these challenges for other truth commissions.Recourse by powerful individuals to the judicial process ina bid to shield themselves from the HRVIC merits particularreview as it raises questions regarding the transformation ofthe judiciary and the rule of law in the wake of an authoritarianregime.  相似文献   

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The purpose of this article is to show how victims of the Tokwe-Mukosi floods became state victims instead of being protected and assisted by the state. The research used the qualitative research design and analyzed its material collected from primary and secondary sources and presented in themes. The study benefited from the human rights and victimhood concepts in its theoretical framework. It argues that the rights of the flood victims were violated when the government failed to fulfill its obligation and promises, which included urgently allocating plots and providing financial compensation. Accordingly, the victims were left without a permanent destination, clean water, food, or access to education and health facilities. When the affected people sought redress, the state deployed outright violence, using the police and the military to force the flood victims into compliance. The victims were forced to accept the inadequate one-hectare plots without receiving the monetary compensation the government had promised. Instead of contributing toward ending the challenges faced by the flood victims, some government officials worsened their plight. They engaged in corruption during the allocation of plots and the distribution of relief aid donated by nongovernmental organizations—hence my assertion that the Tokwe-Mukosi flood victims became state victims.  相似文献   

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In this essay we examine some issues of justice associated with the siting of hazardous industrial facilities. Utilitarian justifications of siting decisions are inadequate because they fail to address questions of fairness. Approaches that consider questions of distributive equity provide a better framework for siting justice, but are still incomplete. Limiting questions of justice to the distribution of benefits and burdens fails to examine the justice of procedures for deciding such issues of distribution. We argue that justice requires a participatory communicative democratic process for siting hazardous facilities, in two respects. It is prima facie unjust to impose a risk on citizens without their having participated in the siting process. Participatory communicative democratic procedures in facility siting, moreover, when structured according to specific norms of discussion and inclusion, are likely to yield the most just outcomes. We propose procedural as well as substantive conditions for such democratic procedures, and briefly apply these conditions to evaluate the siting of a landfill in Switzerland.  相似文献   

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Proposals for how to redesign democracy so as to better secure the demands of intergenerational justice can be divided into three broad families: (1) representative proxies; (2) differential voting schemes; and (3) counter-majoritarian devices. However, these proposals suffer from a fundamental weakness: namely, they all assume that despite the fact that democracy is by its very nature ill-equipped to secure intergenerational justice, it is nevertheless possible to rely on democracy to solve this problem in the first place. But that, to put it colloquially, is like thinking that one can pull oneself up by one’s own bootstraps. This paper sketches the shape and contours of a solution to this problem that is better able than the alternatives to escape this objection. This solution draws upon the strategy of a so-called ‘non-reformist reform.’  相似文献   

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Clearly the globalization of finance has provided opportunities for OFCs to emerge. From a sociological perspective it is argued, however, that closer analysis demands respect for their diversity and even idiosyncrasy. Analytical concepts are offered to situate this diversity and to develop a more reflexive understanding of the processes through which the system of OFCs continues to develop. We arrive at a distinctive approach for theorizing OFCs under conditions of globalization.  相似文献   

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Wealth taxes are currently high on the policy agenda in Britain. These taxes will not be political sustainable without public support. However, evidence exists that indicates substantial public opposition to wealth taxes. For example, inheritance tax appears to provoke hostility among the public. Some observers have suggested that the way that wealth taxes are presented - particularly using stories and narratives - could enhance public support. This paper summarises focus group evidence on this suggestion. I report that using narratives and stories can have an impact, although this should not be overstated and much depends on how the narratives are shaped.  相似文献   

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