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Full-Text Articles in Law
Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Law and Contemporary Problems
Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
Law and Contemporary Problems
Downes comments on Erin Ann O'Hara and Maria Mayo Robbins' article that accurately describes the nuanced and complex nature of apology and forgiveness. These are not actions that can be programmed--they happen at their own pace and in paths that are winding and unchartable. One of the reasons that victim-offender mediation is unpopular with some is that it can be emotionally messy and slow. Thus, one of the most helpful insights in his work has been that forgiveness is developmental, meaning that it often happens in normal and predictable stages. Forgiveness can be divided into manageable pieces. Indeed, their article …
Examining The Applicability Of The Concepts Of Apology, Forgiveness, And Reconciliation To Multi-Stakeholder, Collaborative Problem-Solving Processes, Jennifer Pratt Miles
Examining The Applicability Of The Concepts Of Apology, Forgiveness, And Reconciliation To Multi-Stakeholder, Collaborative Problem-Solving Processes, Jennifer Pratt Miles
Law and Contemporary Problems
In 2004, Meridian Institute, an organization with expertise in designing, facilitating, and mediating collaborative problem-solving processes, was asked to assess the feasibility of forming collaborative, community-based-watershed groups in northern New Mexico to develop plans to address water-quality problems and--if determined to be feasible--to facilitate the formation of those groups and plans. Early in the assessment process it became clear that the historical context was critically important and was one of the factors that had to be addressed. Here, Miles explores the applicability of apology, forgiveness, and reconciliation to a collaborative group process that can be examined through the example of …
The Unforgiving: Reflections On The Resistance To Forgiveness After Atrocity, Thomas Brudholm, Valérie Rosoux
The Unforgiving: Reflections On The Resistance To Forgiveness After Atrocity, Thomas Brudholm, Valérie Rosoux
Law and Contemporary Problems
Brudholm and Rosoux question the ethics of having religious and political leaders call on individual victims to forgive wrongdoing as an aid to group-conflict resolution. Even though a group might strongly desire political stability and peace, these goals should not be obtained at the expense of the needs of the victim. They argue that even when the group strongly desires reconciliation, reconciliation does not necessarily require forgiveness. They also consider several actual examples of resistance with particular concentration on the reflections of two genocide survivors, namely Jean Amery and Esther Mujawayo.
A Biological Approach To Understanding Resistance To Apology, Forgiveness, And Reconciliation In Group Conflict, Douglas H. Yarn, Gregory Todd Jones
A Biological Approach To Understanding Resistance To Apology, Forgiveness, And Reconciliation In Group Conflict, Douglas H. Yarn, Gregory Todd Jones
Law and Contemporary Problems
Yarn and Jones introduce a biological approach to understanding resistance to apology, forgiveness, and reconciliation in intergroup conflict. Using evolutionary biology and game theory, they illustrate how the strategic dynamics of dyadic interaction tend to favor these behaviors and derive a schema relevant a reconciliatory cycle. They then explore how the distinct context of intra- and intergroup conflict reinforces these behaviors. Finally, they identify those barriers to individual reconciliation that result from the strategic dynamics of social-group architectures, particularly those that differ from the ancestral social architecture within which individual behavior has evolved. They conclude with a brief application of …
Truth, Understanding, And Repair, E. Franklin Dukes
Truth, Understanding, And Repair, E. Franklin Dukes
Law and Contemporary Problems
Dukes argues that the quest for truth, understanding, and victim-defined repair present more appropriate vehicles for addressing certain cases of severe injustice than might a focus upon apology and forgiveness. In his work, he helps construct conversations among people who often have different and conflicting interests, such that they may gain knowledge--knowledge about one another, about their relationships, and about the issues at stake. He acknowledges that he does focus on helping to build resilient and sustainable communities, but he also insists that productive resolution of some problems can happen in spite of, even because of, the lack of full …