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In the aftermath of armed conflicts, genocide and other forms of systemic injustice, states - and increasingly international courts - must repair a large number of survivors of grave human rights violations. As part of a transitional justice process, such reparation should also enable societal transformation. This study offers the most comprehensive proposal for legal standards in this complex situation to date. It comprises interview-based case studies of the reparation programs in Sierra Leone, Colombia, and at the International Criminal Court, as well as theoretical reflections on the goals and role of reparation in transitional justice. With that, the study provides deep insights into the problems and opportunities of this instrument.
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Alternatives to imprisonment --- Criminal law --- Mediation --- Restitution --- Restorative justice
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Courts --- Gacaca justice system --- Genocide --- Justice, Administration of --- Reconciliation --- Restorative justice --- Rwanda --- History
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Das Buch bietet die erste systematische Untersuchung der Frage nach der Verantwortung für historisches Unrecht seit dem Erscheinen von Karl Jaspers' "Die Schuldfrage". Mit den Mitteln der modernen philosophischen Analyse untersucht es Gründe und Grenzen moralischer und krimineller Verantwortung und unterbreitet Lösungsvorschläge für das Problem der Wiedergutmachung für vergangenes Unrecht.
Criminal law --- Restorative justice. --- Reparations for historical injustices. --- Criminal liability --- Philosophy. --- History. --- Collective Guilt. --- Collective Responsibility. --- Compensation. --- Historical Injustice.
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Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Punishment -- Philosophy. --- Recidivism -- Prevention. --- Restorative justice. --- Sentences (Criminal procedure). --- Punishment --- Sentences (Criminal procedure) --- Law, Politics & Government --- Law, General & Comparative --- Philosophy --- Moral and ethical aspects --- Philosophy. --- Moral and ethical aspects. --- Law. --- Political science. --- Law --- Constitutional law. --- Human rights. --- International criminal law. --- International Criminal Law. --- Theories of Law, Philosophy of Law, Legal History. --- Criminology and Criminal Justice, general. --- Human Rights. --- Philosophy of Law. --- Constitutional Law.
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