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- Reconciliation (13)
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- Usage (8)
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- Forgiveness (6)
- Race discrimination (6)
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Articles 31 - 56 of 56
Full-Text Articles in Law
Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams
Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams
Law and Contemporary Problems
Williams describes the Truth and Reconciliation Commission (TRC) process that was put into place in Greensboro NC. That process was set up to address community hostilities that had been festering for more than twenty years, since the 1979 killings of black protesters by Ku Klux Klansmen and American Nazis. In that case a grassroots-initiated TRC was formed to address the community problems, but it was not backed by the local government and it lacked the ability to grant amnesty or to subpoena witnesses. Community members had very different views regarding the necessity and likely helpfulness of the TRC. She concludes …
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.
Never Being Able To Say You’Re Sorry: Barriers To Apology By Leaders In Group Conflicts, Roger Conner, Patricia Jordan
Never Being Able To Say You’Re Sorry: Barriers To Apology By Leaders In Group Conflicts, Roger Conner, Patricia Jordan
Law and Contemporary Problems
Conner and Jordan discuss three implications of the foregoing analysis for leaders, peacemakers, and scholars interested in apology as an instrument to advance justice, prevent destructive conflict, and promote cooperation. First, an effective apology is likely to occur only after other changes have "softened up" negative attitudes between the groups--referred to here as "ripeness." Second, even with a degree of ripeness, apology is unlikely without a "window of opportunity," a confluence of circumstances that permits the leader to limit the scope of the apology so as not to concede too much. Third, even if these conditions are satisfied, words alone …
Introduction, Erin Ann O'Hara
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Law and Contemporary Problems
Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …
Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke
Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke
Law and Contemporary Problems
Clarke points out some strategies that have been used in the Collaborative Change Approach to group-conflict resolution that are designed to help depolarize the competing sides' stances toward one another. In order to try to break down the hostility between the groups, Clarke brings together each identity or stakeholder group in order to share with one another why each group cares passionately about the issue. Clarke provides the example of a groundfishery conflict that involved recreational fishermen, commercial fishermen, environmentalists, researchers, and government officials. The interests of each of these groups conflicted, but no group had morally problematic motivations or …
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 …
On Legitimacy Theory And The Effectiveness Of Truth Commissions, James L. Gibson
On Legitimacy Theory And The Effectiveness Of Truth Commissions, James L. Gibson
Law and Contemporary Problems
No abstract provided.
Can Effective Apology Emerge Through Litigation?, Alphonse A. Gerhardstein
Can Effective Apology Emerge Through Litigation?, Alphonse A. Gerhardstein
Law and Contemporary Problems
Gerhardstein provides a number of examples in which the factors identified by Roger Conner and Patricia Jordan--ripeness, a window of opportunity, and a symbolic act or gesture--came together to facilitate apology by a public leader. But he doesn't think that the window of opportunity needs to be exogenously determined. Rather, advocates can, through litigation and settlement demands, create that window. He believes that apology by public officials can do more to promote healthy civic society than can mere monetary settlement.
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 …
Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen
Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen
Law and Contemporary Problems
Dan-Cohen shares his views on group conflicts and how wrongdoers--individuals and groups--get past their wrongdoing. He points out that on the individual level the wrongdoer uses apology and remorse to try to redefine herself as a person in such a way that others no longer continue to hold her responsible for her prior bad conduct. In the process of forgiveness, the wrongdoer's personal identity is redefined in such a way that the reactive attitudes of the victim terminate. He asserts that a similar redefinition occurs when the wrongdoing is committed by a nation. He describes this process as one in …
Governing Pluralistic Societies, Tom Tyler
Governing Pluralistic Societies, Tom Tyler
Law and Contemporary Problems
Societies can be held together in many ways. Historically, many groups were linked by a common history, common ethnicity, and common religious and social values. These societies shared a unified set of norms dictating right and wrong. Other groups have been held together by charismatic leaders who present a unifying vision, but modern pluralistic society, uniquely, accepts a diversity of views about what is appropriate and reasonable, which makes these forms of authority difficult to enact. The form of authority emerging in western democratic states has been, instead, authority based upon the processes of government: people recognize democratic procedures as …
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Law and Contemporary Problems
White discusses the socio-psychological research that suggests humans invest significant emotional stake in "face"--or their "claimed identity as a competent, intelligent, or moral persons"--and apologize only when they can do so without significant "face threat." Criminal offenders, many of whom are likely to be low on self-determination, may resist apology to victims out of psychological fragility and the psychological need to preserve face rather than lack of remorse. Thus, the criminal-justice system should be cautious about punishing offenders more harshly because they fail to show external remorse--or even when they are openly defiant. This caution should be exercised whether the …
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Law and Contemporary Problems
There haven't always been scientific witnesses: in fact, there haven't always been witnesses. In early medieval times, courts relied on tests by oath, ordeal, and sometimes by combat. Here, Haack provides a brief historical background to the use of scientific experts in law and then proceeds to discuss in greater detail the values underlying scientific inquiry, the uncertainty in the quest of knowledge and understanding, and the methods by which consensus is reached, even if that consensus is always tentative. She then contrasts scientific inquiry with the law's quest for "truth" in the courtroom and, particularly, the normative and temporal …
How Does Science Come To Speak In The Courts? Citations Intertexts, Expert Witnesses, Consequential Facts, And Reasoning, Charles Bazerman
How Does Science Come To Speak In The Courts? Citations Intertexts, Expert Witnesses, Consequential Facts, And Reasoning, Charles Bazerman
Law and Contemporary Problems
Citations, in their highly conventionalized forms, visibly indicate each texts explicit use of the prior literature that embodies the knowledge and contentions of its field. This relation to prior texts has been called intertextuality in literary and literacy studies. Here, Bazerman discusses the citation practices and intertextuality in science and the law in theoretical and historical perspective, and considers the intersection of science and law by identifying the judicial rules that limit and shape the role of scientific literature in court proceedings. He emphasizes that from the historical and theoretical analysis, it is clear that, in the US, judicial reasoning …
Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner
Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner
Law and Contemporary Problems
In recent years, historians have been brought into legal cases in unprecedented numbers. As the courts have tried to adjudicate responsibility for environmental and occupational diseases, history has played an increasingly central role in decisions that affect the cases themselves and in social policy regarding risk. In suits over tobacco-related diseases, asbestosis, radiation, and other toxic substances, more historians of technology and science, social history, and public health are being sought to provide testimony aimed at assessing responsibility for damages that have arisen years--sometimes decades--after exposure. Here, Rosner traces the use of historians as experts in litigation.
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Essay: Conventions In Science And In The Courts: Images And Realities, Jerome R. Ravetz
Law and Contemporary Problems
No abstract provided.
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Law and Contemporary Problems
Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms. Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about …
Introduction, David Michaels, Neil Vidmar
Introduction, David Michaels, Neil Vidmar
Law and Contemporary Problems
No abstract provided.
The Arts Of Persuasion In Science And Law: Conflicting Norms In The Courtroom, Herbert M. Kritzer
The Arts Of Persuasion In Science And Law: Conflicting Norms In The Courtroom, Herbert M. Kritzer
Law and Contemporary Problems
Epistemology is important in the debate about science and technology in the courtroom. The epistemological issues and the arguments about them in the context of scientific and technical evidence are now well developed. Of equal importance, though, is an understanding of norms of persuasion and how those norms may differ across disciplines and groups. Norms of persuasion in the courtroom and in legal briefs differ from norms at a scientific conference and in scientific journals. Here, Kritzer examines the disconnect between science and the courtroom in terms of the differing norms of persuasion found within the scientific community and within …
Science, Law And The Expert Witness, Joseph Sanders
Science, Law And The Expert Witness, Joseph Sanders
Law and Contemporary Problems
Expert witnessing is a particularly useful place to observe the clash of legal and scientific conventions because it is here that one group of people (scientific experts) who are integrated into one set of conventions are challenged by the expectations of a different set of conventions. Here, Sanders looks at how legal conventions affect the behavior of expert witnesses when they appear in court in both criminal and civil cases. He also reviews differences in scientific and legal conventions as they apply to expert knowledge and discusses two central reasons for these differences: adversarialism and closure.
How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel
How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel
Law and Contemporary Problems
One of the most important issues for science in the courtroom is the determination of causality. Like science in the courtroom, science in the regulatory arena can also bring a clash of cultures, misunderstanding, and controversy--especially when decisions must be made with some urgency with interested parties watching closely. Here, Kriebel discusses some conventions in the conduct of science and in the ways that scientific information is communicated to nonscientists that can make it difficult for judges, lawyers, regulators, and politicians to do their jobs making decisions about complex environmental and health issues.
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
Law and Contemporary Problems
At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …