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Since the 1990s we witness a rise in public apologies. Are we living in the ‘Age of Apology’? Interesting research questions can be raised about the opportunity, the form, the meaning, the effectiveness and the ethical implications of public apologies. Are they not merely a clever and easy device to escape real and tangible responsibility for mistakes or wrong done? Are they not at risk to become well-rehearsed rituals that claim to express regret but, in fact, avoid doing so? In a joint interdisciplinary effort, the contributors to this book, combining findings from their specific fields of research (legal, religious, political, linguistic, marketing and communication studies), attempt to articulate this tension between ritual and sincere regret, between the discourse and the content of apologies, between excuses that pretend and regret that seeks reconciliation.
Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public’s need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.
Based on extensive research in several international contexts, this volume provides a nuanced assessment of the historical evolution of private security and its fluid, contested and mutually constitutive relationship with state agencies, public policing and the criminal justice system. This book provides an overview of the history of private security provision in its multiple forms including detective agencies, insurance companies, moral campaigners, employers’ associations, paramilitary organizations, self-protection and vigilantism. It also explores the historical evolution of private policing and security provision in a diverse set of temporal, national and international contexts and compares the interactions between public and private security bodies, structures, strategies and practices in different countries, cultures and settings. In doing so, the volume fills the existing gaps in historical knowledge about the emergence of private and public security organizations and provides a more robust understanding of changes in the division of responsibility for security provision, law enforcement and punishment between public and private institutions. This wide-ranging volume will be of great interest to scholars and students of history, criminology, sociology, political science, international relations, security studies, surveillance studies, policing, criminal justice and law.
The world wars, genocides and extremist ideologies of the 20th century are remembered very differently across Central, Eastern and Southeastern Europe, resulting sometimes in fierce memory disputes. This book investigates the complexity and contention of the layers of memory of the troubled 20th century in the region. Written by an international group of scholars from a diversity of disciplines, the chapters approach memory disputes in methodologically innovative ways, studying representations and negotiations of disputed pasts in different media, including monuments, museum exhibitions, individual and political discourse and electronic social media. Analyzing memory disputes in various local, national and transnational contexts, the chapters demonstrate the political power and social impact of painful and disputed memories. The book brings new insights into current memory disputes in Central, Eastern and Southeastern Europe. It contributes to the understanding of processes of memory transmission and negotiation across borders and cultures in Europe, emphasizing the interconnectedness of memory with emotions, mediation and politics.
Rhetorics Change/Rhetoric’s Change features selected essays, multimedia texts, and audio pieces from the 2016 Rhetoric Society of America biennial conference, which spotlighted the theme “Rhetoric and Change.” The pieces are broadly focused around eight different lines of thought: Aural Rhetorics; Rhetoric and Science; Embodiment; Digital Rhetorics; Languages and Publics; Apologia, Revolution, Reflection; and Intersectionality, Interdisciplinarity, and the Future of Feminist Rhetoric. Simultaneously familiar yet new, the value of this collection can be found in the range of its modes and voices.
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
Transitional justice and national inquiries may be the most established means for coming to terms with traumatic legacies, but it is in the more subtle social and cultural processes of “memory work” that the pitfalls and promises of reconciliation are laid bare. This book analyzes, within the realms of literature and film, recent Australian and Canadian attempts to reconcile with Indigenous populations in the wake of forced child removal. As Hanna Teichler demonstrates, their systematic emphasis on the subjectivity of the victim is problematic, reproducing simplistic narratives and identities defined by victimization. Such fictions of reconciliation venture beyond simplistic narratives and identities defined by victimization, offering new opportunities for confronting painful histories.
Healing Haunted Histories tackles the oldest and deepest injustices on the North American continent. Violations which inhabit every intersection of settler and Indigenous worlds, past and present. Wounds inextricably woven into the fabric of our personal and political lives. And it argues we can heal those wounds through the inward and outward journey of decolonization. The authors write as, and for, settlers on this journey, exploring the places, peoples, and spirits that have formed (and deformed) us. They look at issues of Indigenous justice and settler “response-ability” through the lens of Elaine’s Mennonite family narrative, tracing Landlines, Bloodlines, and Songlines like a braided river. From Ukrainian steppes to Canadian prairies to California chaparral, they examine her forebearers’ immigrant travails and trauma, settler unknowing and complicity, and traditions of resilience and conscience. And they invite readers to do the same. Part memoir, part social, historical, and theological analysis, and part practical workbook, this process invites settler Christians (and other people of faith) into a discipleship of decolonization. How are our histories, landscapes, and communities haunted by continuing Indigenous dispossession? How do we transform our colonizing self-perceptions, lifeways, and structures? And how might we practice restorative solidarity with Indigenous communities today?
The following volume is devoted to the issues of European models of civil societies. The aim of the authors is not to exhaust the whole topic but to bring forward some studies related to the civil society, both in the historical but also present perspective. Civil society is an important factor in a well-functioning state and crucial for developing a real, active and conscious community, which is able to control the state and its’ servants. Even more importantly, when the state fails to react to negative developments or leaders misuse their power to enforce it in fulfilling its duties, and in the most radical, or dramatic cases to replace it or change the governors. Democratic order gives the society enough tools to do this and the internet, social media and other new means of communication improve the level of self-organisation and shorten the time for potential reactions.
This book reconstructs how claims to know ‘the lessons’ from past wrongdoings are made useful in the present. These claims are powerful tools in contemporary debates over who we are, who we want to be and what we should do. Drawing on a wide range of spoken and written texts from Austria, Denmark, Germany and the United States, this book proposes an abstract framework through which such claims can be understood. It does so by conceptualising four rhetorics of learning and how each of them links memories of past wrongdoings to opposition to present and future wrongdoings. Drawing extensively on narrative theory, Lessons from the Past? reconstructs how links between past, present and future can be narrativised, thus helping to understand the subjectivities and feelings that these stories facilitate. The book closes by considering if and how such rhetorics might live up to their promise to know ‘the lessons’ and to enable learning, offering a revised theory of collective learning processes.