(2001). Just Being a Lawyer: Reflections on the Legal Ethics of a President under Impeachment A review of “An Affair of State: The Investigation, Impeachment and Trial of President Clinton,” by Richard A. Posner. Legal Ethics: Vol. 4, No. 2, pp. 155-171.

This volume continues the story of Burke and the affairs of the East India Company which was begun in Volume V. By 1786, Burke had fixed on Warren Hastings as the main culprit for the abuses that seemed to him so glaring. He greeted Hastings's return to Britain with a parliamentary attack which culminated in a trial by impeachment in the House of Lords. This was to be one of Burke's major preoccupations for the rest of his life. (...) The material presented in this volume covers two years of proceedings in the House of Commons and the first session of the trial in the Lords. Its highlights are two great set-piece speeches delivered to the Commons, which can be reconstructed from manuscript material as well as from contemporary reports; and the four-day oration with which Burke opened the prosecution before the Lords: for this a complete verbatim shorthand record exists. The material in these and other speeches is not only central to an understanding of Burke and India, but to his moral and political thought as a whole in the years immediately before the outbreak of the French Revolution. (shrink)

"In May 1621 Francis Bacon's political career came to an abrupt end as a consequence of his being impeached from the office of Lord Chancellor of England. Later in the same year he composed his most imaginative political testament, the History of the Reign of King Henry VII. These two events were by no means coincidental. Of his several vocations, politics was the one that mattered most to Bacon, and he did not go willingly into retirement. The History, like so (...) many of his writings, was intended to persuade James I of his redoubtable abilities as a counselor of kings. [The author] fits the story of that year into the pattern of Bacon's life, beginning with a narrative account of the impeachment, an episode testifying to weaknesses both in Bacon's political position as well as in his personal character. [The author] examines Bacon's political career during the preceding years for what they tell us about Bacon's mind. To understand Bacon in politics, [the author] believes, it must be realized how distinctive habits of intellect and sensibility permeate everything he wrote and that virtually everything he wrote was intended to serve his political ambition. Finally, [the author] analyzes the History to show that it must be read not only as a summary portrait of Bacon's civil career but as a justification of his ideas and himself. Setting the History into Bacon's life makes apparent how much of his achievement sprang from his skills as a rhetorician. Words were his greatest gift and one that he always exploited. [The author]'s study demonstrates the extent to which Bacon was also a prisoner of his talent"--. (shrink)

This key volume specifically completes the collection of Edmund Burke's Indian Writings and Speeches which is set within the series, and is both an exposition of Burke's views on India from his coverage of the Hastings trial, and his views on maintaining the rule of a universal justice. The texts for the items, which have appeared in previous editions of Burke's Works, have been reconstructed, largely by the use of manuscripts. Indeed many of the shorter speeches appear here in (...) print for the first time. The volume includes a key speech which introduced one of the main charges in the trial of Warren Hastings on an impeachment from 1789-1794, and an important report on the conduct of the trial. It closes with the enormously lengthy and significant speech in which Burke summed up the prosecution's case over nine days. However, this volume is not only a full exposition of Burke's views on India but contains much of great interest about other aspects of his thought. In particular, Burke saw himself in these years as being engaged in a battle against the lawless disruption of society, both in Europe and in Asia, in order to maintain the rule of a universal justice, a main theme of this volume. (shrink)

제19대 대한민국 정부의 탄생에 촛불집회와 박근혜 전 대통령의 탄핵심판이 결정적 계기였음은 부인되기 힘든 사실이다. 그 파급 효과와 영향력의 측면에서 보자면 두 사건은 아직 미완료이며 아마도 2022년 현 정부의 종료시까지 그러할 것이다. 이 글은 두 사건이 지금 우리에게 무엇을 말하는지에 대한 고찰로서 나는 두 사건이 우리와 제19대 문재인 정부에게 주는 메시지를 단순히 한 문장으로 정리하고자 한다. 그것은 진보와 보수를 뛰어넘어 헌정질서의 기본을 복원하라는 것이다. 이 글은 먼저 헌재 결정에 나타난 세월호 당시 박전 대통령의 ‘불성실’을 조명할 것이다. 헌재는 대통령의 공직수행상의 성실의무위반을 파면사유로 (...) 인정하지 않았지만 헌재 결정문은 박 전 대통령의 불성실을 곳곳에서 증언한다. 성실성은 보수와 진보의 구분에 무관하게 칭송되는 기본적 미덕으로 공직자의 직무수행과 결부되어서는 더욱 그러하다. 세월호 사건 당시 소위 ‘사라진 7시간’은 박 전 대통령이 그 직위를 계속해서 유지하는 것이 바람직한 것인가에 대해 근본적인 회의를 제기했다. 촛불집회의 탄핵 구호는 그 불성실함에 대한 정당한 비난이었다. 두 번째로 이 글은 촛불집회와 탄핵심판이 지금 우리에게 가지는 현실적 의의를 보수와 진보의 수렴 가능성 및 우리에게 필요한 정치의 재조직화에 대한 검토를 통해 조명하고자 한다. 나는 흄의 경우를 통해 보수가 제대로 보수이기 위해서는 어떤 지점에서인가에서는 새로움의 요소를 인정해야만 한다는 것을 보여줄 것이고 촛불집회에서 확인된 시민들의 연대의식의 지속적 전개와 국가 권력의 새로운 방향 설정의 문제를 살펴볼 것이다. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

This is the second and concluding volume of a biography of Edmund Burke, a key figure in eighteenth-century British and Irish politics and intellectual life. Covering the most interesting years of his life, its leading themes are India and the French Revolution. Burke was largely responsible for the impeachment of Warren Hastings, former Governor-General of Bengal. The lengthy trial of Hastings is recognized as a landmark episode in the history of Britain's relationship with India. Lock provides the first (...) day-by-day account of the entire trial, highlighting some of the many disputes about evidence as well as the great set speeches by Burke and others. In 1790, Burke published Reflections on the Revolution in France, the earliest sustained attack on the principles of the Revolution. Continuously in print ever since, the Reflections remains the most widely read and quoted book about the Revolution. The Reflections was followed by a series of anti-revolutionary writings, as Burke maintained his crusade against the Revolution to the end of his life. In addition to these leading themes, the biography examines many other topics in its coverage of Burke's busy and varied life: his parliamentary career; his family, friendships, and philanthropy; and his often difficult and obsessive personality. There are more than thirty illustrations, including many contemporary caricatures that convey how Burke was perceived by an often hostile and uncomprehending public. Controversial in his time, Burke is now regarded as one of the greatest of orators in the English language, as well as one of the most influential political philosophers in the Western tradition. (shrink)

Like the American system ours is federal: i.e., there are two levels of government, neither of which can change the powers of the other or make laws within certain fields assigned to the other. The British system is 'unitary': the British parliament can make laws on any matter, local government has whatever powers the national government delegates to it. Like the British, ours is a system of responsible government . The Government (the Prime Minister and cabinet) is 'responsible' to parliament. (...) This means that at any time, simply by vote of no confidence, carried on whatever grounds, the parliament can remove the Government from office or force it to call an election. In the American system the head of the executive Government, the President, cannot be removed by the Congress (except by impeachment, which requires a kind of trial). As in the British system, a general election can be called at any time (by the Governor General, on the advice of the Prime Minister). There is a maximum term by which an election must be called, but an election can be held short of term. This makes the parliament responsible to the electorate -- for example, if Government policy that has general community support is blocked by the opposition or minor parties, the Government can appeal to the electorate. In the American system the terms of office of the House of Representatives, Senate, and President are all 'fixed', so that an early election cannot be held. If a President dies or resigns, the Vice President serves out the remaining part of his term. There are no circumstances in which the American President can dissolve Congress and call an early election. The U.S. constitution has separation of powers , i.e., the members of the Executive (in our terms, the Government) do not have seats in Congress or participate in its sessions, and they are not removable by Congress and cannot dissolve Congress. The Judiciary is also separate from both Executive and Congress (though judges are appointed by the Senate on the nomination of the President, and can in exceptional cases be removed).. (shrink)

This article gives new information on the so-called Letter-book of John, Viscount Mordaunt beyond that in RHS Camden Series LXIX, identifies the likely scribe, and dates the transcription to late 1660. It shows how the large format book was created to record the heroic role played by Mordaunt and his wife Elizabeth in the achievement of Restoration, and how the unfinished state of the textual project adds to our knowledge of the social and political difficulties experienced by Mordaunt, a client (...) of Clarendon. Beyond its historiographical value for understanding the activities of the plenipotentiary, the book helps to tell the story of Mordaunt’s headlong career from his treason trial in 1658 to his impeachment in 1667, the extraordinary supportive agency of Elizabeth, including managing secret correspondence in 1659, the complexities of the Mordaunts’ friendship with John Evelyn, and their loyalty to their fallen patron Clarendon extending to exile in Montpellier in 1668. (shrink)

teach a course at Harvard with philosopher Robert Nozick and lawyer Alan Dershowitz. We take major issues engaged by each of our professions—from abortion to racism to right-to-die—and we try to explore and integrate our various approaches. We raise many questions and reach no solutions.

This paper combines methods of argumentation theory and artificial intelligence to extend existing work on the dialectical structure of crossexamination. The existing method used conflict diagrams to search for inconsistent statements in the testimony of a witness. This paper extends the method by using the inconsistency of commitments to draw an inference by the ad hominem argumentation scheme to the conclusion that the testimony is unreliable because of the bad ethical character for veracity of the witness.

It is important that from a wider scientific perspective the basics of the conceptual comprehension of impeachment entrenched in the 1992 Lithuanian Constitution be related not only to (a) the nine explicit provisions whereby impeachment relations are regulated directly (Item 5 of Article 63, Article 74, Paragraph 2 of Article 86, Item 5 of Article 88, the first sentence of Paragraph 1 of Article 89, Item 4 of Paragraph 3 of Article 105, Paragraph 3 of Article 107, Item (...) 5 of Article 108, Article 116), but also to (b) the general constitutional principles (especially, the principle of protection of the rights and freedoms of a person), as well as to (c) the precedents of preparation, arrangement, suspension or continuation of impeachment proceedings (in cases of A. Butkevičius, R. Paksas or L. Karalius) and to (d) comparative international aspects, which are perceived not only in the US Constitution, but also in the European Convention on Human Rights which is no longer compatible (and clashing as regards the issue of consequences of impeachment) with the former. According to the European Court of Human Rights (judgment of 6 January 2011 in the case Paksas v. Lithuania), the European Convention on Human Rights prohibits irreversible (termless) limitation (grounded on impeachment) of the passive electoral right to be a Member of Parliament. It is also important to perceive (three) abstract procedural grounds of application of this institute to a certain official—a gross violation of the Constitution, breach of the oath and in case it transpires that a crime has been committed (Article 74 of the Constitution), and the factual (“concrete actions”—see Item 4 of Paragraph 3 of Article 105) grounds qualified according to the former, while due to the factual grounds the “impeachment case” is instituted. The notion “impeachment case” used in Item 4 of Paragraph 3 of Article 105 of the Constitution deserves special scientific attention. This notion indirectly means that: (a) prior to the application to the Constitutional Court by the Seimas, an impeachment case is (must be) instituted, which in itself means that impeachment and initiation and consideration thereof are distinguished by peculiarity in substantive procedure; (b) the Constitutional Court neither institutes this case nor “takes it over” (considers it), but in “its own” case of constitutional justice verifies those factual and procedural grounds, which are necessary in “the other” (impeachment) case instituted in the Seimas. The essence of the institute of impeachment cannot be properly perceived in the constitutional notions of “impeachment”, “case”, “proceedings“, if these notions are assessed only in the explicit provisions of Article 74 of the Constitution, i.e. they are not related to the logic of substantive and procedural arrangement and “intertwining” of the three provisions of the Constitution (Article 74, Item 4 of Paragraph 3 of Article 105 and Paragraph 3 of Article 107) as well as to the purpose of these provisions. On the grounds of the said three provisions of the Constitution, it is possible to assume that the essence of the institute of impeachment lies in a specific official accusation (of violations of special law) against the officials who have acquired (or who hold) certain constitutional powers and of bringing such officials to constitutional liability under the procedure for specific parliamentary impeachment proceedings and constitutional justice proceedings, i.e. deprivation (discontinuation) of constitutional powers under multi-level procedure for conditionally dual proceedings, in which the parliamentary proceedings and the constitutional justice proceedings are inter-connected and supplementeach other. (shrink)

The impeachment of Brazilian President Dilma Rousseff in 2016 was the result of a coup of the economically dominant conservative oligarchy against the leftist Partido dos Trabalhadores, in power since 2003. The right wing Brazilian media played a crucial role in this coup by manipulating public opinion as well as the politicians who voted against Dilma. In particular, the media of the powerful Globo Corporation, such as O Globo newspaper, and especially Globo’s Jornal Nacional, the pervasive TV news program, (...) systematically demonized and delegitimized Dilma, as well as ex-President Lula and the PT, in their news reports and editorials by selectively associating them with pervasive corruption and attributing the serious economic recession to them. After a summary of this sociopolitical context, and a brief theoretical definition of manipulation, this article examines some of the manipulative strategies of O Globo’s editorials during March and April 2016. (shrink)

America frequently talks about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood. In High Crimes and Misdemeanors, constitutional scholar Frank O. Bowman, III offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience. By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be (...) a flexible tool, adaptable to the needs of any age. Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump. It is an indispensable work for the present moment. (shrink)

Historians have recently used the Internet to circulate political statements about law. This paper explores the statements they issued against President Clinton's impeachment and President Bush's inauguration. It pays special attention to impeachment, comparing the position taken by historians with that taken by the law professors. While concluding that such statements can be useful, the author advises historians lacking the expertise to evaluate the positions taken in a statement to proceed carefully in signing it. She suggests that historians (...) sign only such documents whose scholarship they have made a preliminary assessment that they could individually defend publicly. She also urges historians to craft statements that give the public a sense of the methods they use in interpreting the past. (shrink)

Research ethics committees (RECs) evaluate whether the risk-benefit ratio of a study is acceptable. Decentralized clinical trials (DCTs) are a novel approach for conducting clinical trials that potentially bring important benefits for research, including several collateral benefits. The position of collateral benefits in risk-benefit assessments is currently unclear. DCTs raise therefore questions about how these benefits should be assessed. This paper aims to reconsider the different types of research benefits, and their position in risk-benefit assessments. We first propose a categorization (...) of research benefits, based on the types of benefits that can be distinguished from the literature and ethical guidelines. Secondly, we will reconsider the position of collateral benefits. We argue that these benefits are not fundamentally different from other benefits of research and can therefore be included in risk-benefit assessments of DCTs. (shrink)

이 논문에서는 왜 박근혜 전 대통령은 탄핵을 당하지 않으면 안 되었는지, 儒家에서는 이를 어떻게 보며 정당화하고 있는지, 나아가 한 공동체의 우두머리에게 어떻게 경고를 주고 있는지를 논해보았다. 이를 위해서 먼저 사람세상을 꾸려서 살라는 유가의 전략 속에 담긴 논리를 짚어 보았는데, 유가가 폐쇄된 사람세상을 꾸리는 전략을 택하고 그 운용체제를 제시하였던 필연성과 불가피성을 동아시아가 농경사회였다는 점과 연관시켜 논하였다. 그리고 유가에서 말하는 군주다움의 정당성과 정통성이 어디에 있는가를 다루었다. 유가에서 비록 이를 하늘에 두었다지만, 그것이 궁극적인 것이 아니라 백성들에게 삶의 기반을 확보해줌이 보다 근원적이고 일차적인 것이라 (...) 함을 밝혔다. 그리고 이러한 점들을 논거로 하여, 박근혜 전 대통령 치하의 우리 민초들의 삶의 실상과 그의 국정농단으로 말미암아 진리와 정의가 사라져버린 현실을 거론하여, 결국은 그가 탄핵에 이르지 않을 수 없었다는 점을 논하였다. (shrink)

While new generations of implantable brain computer interface devices are being developed, evidence in the literature about their impact on the patient experience is lagging. In this article, we address this knowledge gap by analysing data from the first-in-human clinical trial to study patients with implanted BCI advisory devices. We explored perceptions of self-change across six patients who volunteered to be implanted with artificially intelligent BCI devices. We used qualitative methodological tools grounded in phenomenology to conduct in-depth, semi-structured interviews. (...) Results show that, on the one hand, BCIs can positively increase a sense of the self and control; on the other hand, they can induce radical distress, feelings of loss of control, and a rupture of patient identity. We conclude by offering suggestions for the proactive creation of preparedness protocols specific to intelligent—predictive and advisory—BCI technologies essential to prevent potential iatrogenic harms. (shrink)

I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination (...) of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

Translational science is a 21st century mission. Government officials and industry leaders are making huge investments in an attempt to transform more basic science discoveries into therapeutic applications. Scientists and policymakers express great excitement about the medical advances that could come with the current bench-to-bedside campaign.A key step in translational science is the move from animal and other preclinical studies to initial human testing. Researchers ability to predict human effects is limited, and first-in-human tests present significant uncertainty. Participants in this (...) form of research face risks and can experience serious, even lethal, harm. Well-known incidents involving Jolee Mohr and Jesse Gelsinger, as well as subjects in the 2006 study of the investigational agent TGN1412, show the dangers that can arise in early human research.The bench-to-bedside campaign will need many volunteers to participate in early human testing. Investigators and regulators must not allow the policy enthusiasm for translational science to overshadow the commitment to protect human subjects. Participants in exploratory research are diverse and as a group lack characteristics usually associated with vulnerable populations, such as impaired decisional ability or economic or educational disadvantage. (shrink)

Visual cortical prostheses (VCPs) have the potential to provide artificial vision for visually impaired persons. However, the nature and utility of this form of vision is not yet fully understood. Participants in the early feasibility trial for the Orion VCP were interviewed to gain insight into their experiences using artificial vision, their motivations for participation, as well as their expectations and assessments of risks and benefits. Analyzed using principles of grounded theory and an interpretive description approach, these interviews yielded (...) six themes, including: the irreducibility of benefit to device functionality, mixed expectations for short-term device functionality and long-term technological advancement of visual prostheses, and a broad range of risks, concerns, and fears related to trial participation. We argue that these narratives motivate a nuanced set of ethical considerations related to the complex relationship between functionality and benefit, the intersection of user experience with disability justice, and the import of expectations and indirect risks on consent. (shrink)

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct (...) of the state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic. (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out (...) of it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

Volume 19, Issue 10, October 2019, Page 97-98.

This paper considers dimensions of animate life that are readily “embodied” by phenomenologists and by other philosophy and science researchers as well. The paper demonstrates how the practice of “embodying” short-circuits veritable phenomenological accounts of experience through a neglect of attention to Husserl’s basic conception of, and consistent concern with, animate organism. The paper specifies how in doing so, the practice muddies a clear distinction between the body ‘I have’ and the body ‘I am’, and a clear account of their (...) lived conjunction in existential fit. In turn, the paper shows how the practice falls short of recognizing synergies of meaningful movement created by animate organisms; how it is tethered to talk of posture and sensation over kinesthesia and dynamics; and how, in general, the practice of embodying generates static rather than dynamic understandings of everyday life. The paper then critically considers how such liabilities preclude in-depth phenomenological insights into topics such as ‘ownership’ and ‘agency,’ and why inquiries into the nature of animate organisms require nothing less than fine-tuned attention to foundational experiences of animate life, including foundational ontogenetical experiences that undergird adult proficiencies and abilities, and hence fine-tuned attention to learning and to retaining what is learned in kinesthetic memory. (shrink)

An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court , is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern Uganda illustrates the deadlock (...) that has now emerged between countries wishing to retain the power to use domestic politics and criminal law as tools for negotiation with current or outgoing perpetrators, on the one side, and the ICC's determination to apply a consistent international anti-impunity norm, on the other. The paper argues that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice. A broader norm for democratic accountability, by contrast, would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law.Keywords: amnesty; impunity; international law; international criminal court. (shrink)

Patient narratives from two investigational deep brain stimulation trials for traumatic brain injury and obsessive‐compulsive disorder reveal that injury and illness rob individuals of personal identity and that neuromodulation can restore it. The early success of these interventions makes a compelling case for continued post‐trial access to these technologies. Given the centrality of personal identity to respect for persons, a failure to provide continued access can be understood to represent a metaphorical identity theft. Such a loss recapitulates the pain (...) of an individual's initial injury or illness and becomes especially tragic because it could be prevented by robust policy. A failure to fulfill this normative obligation constitutes a breach of disability law, which would view post‐trial access as a means to achieve social reintegration through this neurotechnological accommodation. (shrink)