Fighting the Siren's Song: The Problem of Amnesty in Historical and Contemporary Perspective |
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Authors: | Robert Parker |
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Affiliation: | 1. Central European University Comparative Constitutional Law, Hungary
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Abstract: | As much of the world gears itself terror, uncomfortable questions may soon nee to be asked. What is to be done with terrorists who are often more popularin their countries that those countries leaders? Can these states afford retribution snd punishment, event at the risk of provoking forces that may lead to further bloodshed and violence? Or, alternatively, should they seek reconciliation and grant offenders amnesty? Or, is the proper solution somewhere in between? It may be comforting to know that these questions are not new, and by examiningthe historical and contemporary debate between the proponents of punishment and those of amnesty, we will be in a better position to make an informed decision when our turninevitably comes to choose. We should pay particulary attention to: what amnesty is, including the problems inherent in its definition; amnesty"s roots in the virtue of foreginess, which is found in most of world"s major religious traditions; amnesty"s historical manifetations in cultures that have adhered to those traditions; the three types of amnesty (moral, just and political) and the historical shift toward exclusively political justifications for amnesty; and classical and contemporary criticsims of and justifications for institutionalized forgiveness, including amnesty. Understanding these issues will not tel us whether it is better toamnesty or not to amnesty, but it will make us equipped to answer that question for ourselves. |
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