基本説明
Can legal responses to violence provide accountability and avoid escalating vengeance?
Full Description
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book, Martha Minow and others ask: what explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? "Breaking the Cycles of Hatred" represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions.Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
Contents
Acknowledgments vii IntroductionROSENBLUM 1 1. Breaking the Cycles of Hatred 14 Memory and Hate: Are There Lessons from Around the World? 14 Regulating Hatred: Whose Speech, Whose Crimes, Whose Power? 31 Between Nations and Between Intimates: Can Law Stop the Violence? 56 by MARTHA MINOW 2. Justice and the Experience of Injustice by NANCY L. ROSENBLUM 77 3. Righting Old Wrongs by MARC GALANTER 107 4. Reluctant Redress: The U.S. Kidnapping and Internment of Japanese Latin Americans by ERIC K. YAMAMOTO 132 5. Memory, Hate, and the Criminalization of Bias-Motivated Violence: Lessons from Great Britain by FREDERICK M. LAWRENCE 140 6. Collective Memory, Collective Action, and Black Activism in the 1960s by FREDRICK C. HARRIS 154 7. Beyond Memory: Child Sexual Abuse and the Statute of Limitations by ROSS E. CHEIT AND CAREY JAROS 170 8. Peace on Earth Begins at Home: Reflections from the Women's Liberation Movement by JUDITH LEWIS HERMAN 188 9. The Thin Line between Imposition and Consent: A Critique of Birthright Membership Regimes and Their Implications by AYELET SHACHAR 200 10. When Memory Speaks: Remembrance and Revenge in Unforgiven by AUSTIN SARAT 236 11. Power, Violence, and Legitimacy: A Reading of Hannah Arendt in an Age of Police Brutality and Humanitarian Intervention by IRIS MARION YOUNG 260 Notes on Contributors 289 Index 291
