Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 224 Seiten: 1-17.

This book articulates a cosmopolitan theory of the principles which ought to regulate belligerents' conduct in the aftermath of war. Throughout, it relies on the fundamental principle that all human beings, wherever they reside, have rights to the freedoms and resources which they need to lead a flourishing life, and that national and political borders are largely irrelevant to the conferral of those rights. With that principle in hand, the book provides a normative defence of restitutive and reparative justice, the (...) punishment of war criminals, the resort to transitional foreign administration as a means to govern war-torn territories, and the deployment of peacekeeping and occupation forces. It also outlines various reconciliatory and commemorative practices which might facilitate the emergence of trust amongst enemies and thereby improve prospects for peace. The book offers analytical arguments and normative conclusions, with many historical and/or contemporary examples. (shrink)

In speaking of Demosthenes' conduct in the period between his return to Athens after the peace agreement with Macedon and Philip's death Aeschines refers to only one specific incident, the attempt by Demosthenes to have himself elected What this position was has never been satisfactorily explained.

Peace, justice, and freedom are hard to define, but closely related. Peace has many meanings; an important one is “inclusive peace,” defined by dividing total human activity into war and “not war.” Justice is an elusive concept related to the legitimacy of property and the structure of equality. Freedom “to,”“from,” and “of” have different meanings, all related to the boundaries and legitimacy of property. The market has the virtue of economizing agreement and consensus. The existence of (...) public goods necessitates government. Peace, justice, and freedom are unlikely to be achieved without competence, which fortunately can be learned. (shrink)

The article’s reasoning is based on the definition of the nature of the war in Ukraine, which, following the Russian aggression on February 24, 2022, escalated into a full-scale conflict: this war has gradually acquired features of the total wars of the 20th century and transformed into a war of attrition, which could last for a considerable period of time. If such a war does not end with the capitulation of one of the parties, the most likely outcome would be (...) a peace agreement involving third parties, which would take the form of a compromise and involve a renunciation by the participating parties of complete victory in the war. Given the just nature of Ukraine's war against Russian aggression, the author raises the question of whether a peace can be considered just without a complete victory over the aggressor and without the full restoration of justice disrupted by the aggression. Drawing on the classical work of M. Walzer, the author concludes that renouncing complete victory and halting hostilities at a point when the conflict can be resolved through political means fully aligns with the concept of a just war as a limited war. To establish the moral principles and possible limits of compromises in wartime, the author turns to A. Margalit’s concept, which, in his view, continues Walzer’s reasoning by outlining the possibility of compromises for the sake of peace. Drawing on contemporary research on political compromises, the author analyzes possible configurations of compromises in wartimes, their differences from political compromises in peacetime, and other potential outcomes of a war of attrition, including scenarios such as the capitulation of one of the parties or a modus vivendi. The article develops on the ideas of M. Walzer and A. Margalit, emphasizing that limiting the war and reaching a compromise for peace make necessary to clarify the requirements of justice. This, in turn, necessitates that the party engaged in a just war be guided by the ethics of responsibility when determining war aims, while also adhering to the fundamental distinction between good and evil in order to avoid "rotten" compromises. (shrink)

The return of devolution to Northern Ireland in May 2007 marks an important turning point in the Northern Ireland peace process, but there remains the issue of the “on-the-runs”—a term used to describe persons suspected of committing a range of terrorist acts during the Troubles, who were never arrested, charged, prosecuted, or tried. It is thought that the On-the-Runs want to return to Northern Ireland, but determining the conditions for their return is a difficult and controversial issue, raising legal (...) and moral concerns and causing strong and painful reactions among the victims of terrorist violence on all sides of the Northern Ireland conflict. It is also an issue that is complicated by the fact that while the Belfast Agreement of 1998 did not address expressly the situation of the On-the-Runs, it did provide for the accelerated release of a significant number of paramilitaries, both republican and loyalist, from prisons in both Ireland and Northern Ireland. This paper reviews the possible options in law for addressing the situation of the On-the-Runs, including extradition and prosecution, as well as trial and amnesty, and pardons. While the paper makes clear that the political offence exception to extradition is no longer the obstacle it once was, it also concludes that politics, rather than law, or simply the passage of time is more likely to offer the solution to the problem posed by the On-the-Runs. (shrink)

The peace movement has suffered a major setback. The attempt to spread the idea that detente should be prior to security has not succeeded. The modernization of NATO was approved by European parliaments, within a climate marked by the revival of the Cold War. Does the lack of interest in a “reasonable agreement” between the two superpowers mean a revival of pro-war sentiment? A positive answer to this question would be a mistake. In a polemic against the “E.P. (...) Thompson school of disarmers,” an editorial in The Economist noted that “all in all, this first round of the war for peace will probably be won by those who think the balance of terror is less terrifying than an imbalance of terror.”. (shrink)

After a historic agreement was reached, between the Democratic Unionist Party (DUP) and Sinn Fein (SF), Power-sharing government resumed in Northern Ireland in 2007. Both political parties committed themselves to peaceful, democratic and consensual self-government in Northern Ireland. This was the first time that Northern Ireland was to be run by a government in which all the main nationalist (nationalists want Northern Ireland to be reunited with the rest of Ireland) and unionist (unionists want Northern Ireland to remain part (...) of the United Kingdom) parties were to agree to serve together. Forty years of civil strife and conflict are over. There is now political stability; nonetheless, the peace process has not brought about the positive changes which many had expected. This article looks at the pressing issue of reconciliation in Northern Ireland; it is not the intention of this article to solely blame one ideological tradition, community, or political party. (shrink)

As is well known, marriage was frequently employed as an instrument of diplomatic policy in premodern Europe. Dynastic leaders used the marriages of their own family members to create or confirm alliances with other ruling houses. Peace was often the aim and the outcome of such agreements, but the reality of marital politics was far more complicated. Arranging a marriage could be a statement of enmity by two families toward a third party. Attempts to dissolve or prevent marriages already (...) arranged by one's rivals amounted to viable political tactics. During the twelfth century, as rules around the formation and dissolution of Christian marriage were in flux, opportunities for manipulation of accepted practices abounded. This article examines a series of marriages between members of the Anglo-Norman and Angevin ruling families, focusing especially on the reign of Henry I, to demonstrate the complexity of marital practices and their links to peace and war. Literary works of the age, notably Geoffrey of Monmouth's Historia Regum Britanniae, offer further cultural perspectives on the nature of political marriages. Whereas short-term tactical considerations meant that marriages were often tied to episodes of conflict and rivalry, from a longer-term perspective the usefulness of marriage as a means of securing and maintaining peace remained an important element of premodern diplomacy. (shrink)

It is often argued that a shared culture, or at least shared cultural references or practices, can help to foster peace and prevent war. This essay examines in detail and criticizes one such argument, made by Patrick Leigh Fermor, in the context of his discussing an incident during World War II, when he and a captured German general found a form of agreement, a ground for peace between them, in their both knowing Horace's ode I.9 by heart (...) in Latin. By way of introducing the sixth and final installment of the Common Knowledge symposium “Peace by Other Means,” this essay proposes that Leigh Fermor's narrative be understood in terms of commerce, rather than consensus. It concludes by examining Ezra Pound's use of the word commerce in his poem “A Pact” to define his relationship with his “detested” and “pig-headed” poetic “father,” Walt Whitman. (shrink)

This paper describes the central role of peace in the Bahá’í Faith. For Bahá’ís, peace begins at the level of the individual and migrates outward to the community, nation, and the world. The article explains how the Bahá’í Faith outlines a covenant – an agreement between Bahá’ís and between Bahá’ís and the world – made manifest in an Administrative Order in which the ascertainment of peaceful principles and the establishment of peaceful practices are developed. The paper explains (...) how concepts like the oneness of humanity, the symbiosis between science and religion, and the unity of religion and God combine with ideals like justice, equality, and consultation to form a Bahá’í approach to the creation and maintenance of peace. Integration and disintegration – broad-structured, dynamic effects that shift societies and the world – will help to usher in two main aspects of a present and future Bahá’í order: the Lesser Peace and the Most Great Peace. The Lesser Peace is defined by the efforts of nations and international actors to form a broad-based, global peace. The Most Great Peace describes the arrival and ascendance of the Bahá’í Administrative Order, which will result in an unprecedented level of global peace and security. (shrink)

This article examines some arguments in favor of taking peace as a political obligation that can be found in one of the most important founders of the pacifist movement, Jane Addams. The main focus is on her 1907 book Newer Ideals of Peace, which has often been read as idealistic and outdated, and above all, as more of an activist’s manifesto than a serious contribution to either political philosophy or political theory. I point out that this owes much (...) to an ambiguity of Addams’ criticisms of the traditional and Kantian cosmopolitan defense of peace as a political ideal, the ambiguity between practical-political and conceptual problems. However, Addam’s succeeds in identifying one profound problem for traditional, even enlightended institution-centered ideals of peace, the collapse of the very ideal in cases of breaches of explicit peace-agreements among nations, because breaches of agreements are tantamount to the loss of all commitment to the other nation’s rights. It reveals that the conditions imposed by such ideals are at most necessary, but not sufficient for peace, and hence that the concept based on them is not a complete concept of lasting peaceful conditions among humans. Once it is seen as dedicated to resolving the problems entailed by this fundamental problem, Addams’ work, and in particular her focus on resources of solidarity and right-granting practices beyond and outside explicit agreements between governments can be understood as the development of a more adequate, coherent and comprehensive, while also a more actionable conception of peace. In the course of this development, Addams can also be observed to make use of crucial epistemological and more technical philosophical tools that are most closely associated with classical pragmatism, but which partly appear (albeit largely obliquely in the course of their application to a particular case) for the first time Addams’ treatise. Addams’ work is therefore of more than merely political activist interest for philosophers. Nonetheless, the article also explains her status as an important contributor to proper conceptions of world peace and the understanding of certain phenomena in the organization of public will formation precisely by pointing out that without some of her future-oriented proposals, like the inseparability of peace-policies and development, or the need to institutionally protect and foster spontaneous solidary action, the best contemporary work on peace would not have been possible. (shrink)

How does violence shape citizens’ preferences for conflict termination? The existing literature has argued that violence either begets sympathy for more violence or drives support for making peace. Focusing on the 2016 Colombian Peace Agreement, this article finds that victimhood dissociation strongly shapes these preferences. With victimhood dissociation, a discrepancy exists between objective and subjective victimization, and the effect of violence on peace attitudes depends on citizens’ subjective interpretations of their personal experiences of violence. Citizens who (...) do not experience violence often see themselves as victims of the conflict and vice versa. Victimhood dissociation is linked to cultural stereotypes of victimhood as portrayed in elite narratives concerning the conflict. In Colombia, political leaders framed victimhood around rurality, business entrepreneurship, kidnapping, extortion, and disappearance. In 2016, this widespread narrative was instrumental for politicians opposing the peace agreement. Citizens who disassociated their personal experiences of violence from their self-understanding as victims were instrumental to the failure of the peace plebiscite. (shrink)

Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 (IPRA) was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these two groups for some (...) time now. Political circumstances, however, and legal impediments have periodically stalled the peace processes. It is the author’s intention to focus on the predicament of indigenous communities as they seek a strategic role in shaping the content of peace agreements being negotiated by the Philippine government with the rebel groups. How have the indigenous communities made an impression on the two peace processes through the years? And, have the indigenous peoples’ rights been sufficiently protected in the context of the peace agreements? The author will draw from his own insights on the peace processes and agreements which have been negotiated and even tested before the Supreme Court of the Philippines. (shrink)

The case of post-Dayton Bosnia and Herzegovina (BiH) provides an interesting lens through which to reflect on the interconnected and often conflicting challenges of implementation of internationally brokered peace agreements, external support to democratic transition and consolidation, and contemporary notions of sovereignty and state building. This chapter suggests that in the case of BiH, certain contradictions and tradeoffs have been and may still be necessary to ensure a foundation for future stability and democratic consolidation. The situation in post-Dayton BiH (...) can be described as a frozen conflict that has remained frozen in large part due to an international presence that ensures that an imperfect peace prevails while also providing a basis for incremental reform. The peace implementation process in BiH is briefly reviewed by looking at two reform strategies: the “soft” protectorate strategy used in BiH as a whole and the “hard” protectorate option exercised in the District of Brčko. The aim is to demonstrate that while a democratic end-state remains the goal in such transitions, the means toward getting there can include a number of contradictory policy options. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just and Unjust Peace: An Ethic of Political Reconciliation by Daniel PhilpottGlen StassenJust and Unjust Peace: An Ethic of Political Reconciliation Daniel Philpott New York: Oxford University Press, 2012. 365pp. $29.95Just and Unjust Peace deals with an important question: What does a holistic framework of justice consist of in the wake of its massive despoliation? The wounds of political injustice include the following: violation of (...) the victim’s human rights, harms to the victim’s person, the victim’s ignorance of the source and circumstances of political injustices, the lack of acknowledgment of the suffering, the standing victory of the wrongdoer’s political injustice, and harm to the person of the wrongdoer. In such situations, Philpott argues, “what the government and community withhold is... an acknowledgment not only that a victim has rights but also that his rights were violated and that he suffered because of this violation” (37).The definition of justice in this context of wounds is reconciliation. It “encompasses peace settlements, human rights, democracy, and other key goals of negative and positive peace [as well as]... a broad restoration of right relationship involving a multiplicity of practices that each redress wounds of injustice in a particular way” (48–49).Daniel Philpott affirms peace as human rights, equality, and the rule of law, plus actors and institutions like the United Nations that spread this justice. He presents a fair summary of contending positions on human rights and works to develop overlapping agreement. “What is most essential to right relationship in the political order is human rights, their popular legitimacy, and their corresponding virtues” (55). But also, “It is in redressing wrong conduct—the other dimension of justice—that political reconciliation becomes far more distinctive” (55). This requires a deeper understanding of just peacemaking with restorative justice based in Judaism, Christianity, and Islam, and in insightful assessment of the burgeoning practices of truth commissions and restorative justice in the transitions from dictatorship to democracy.Philpott’s “rooted reason” invites different religions to speak from their depths but also encourages them to speak with reasons that can convince in public discourse (18, 20). Envisioning the incorporation of reconciliation into the modern state “is the life’s work of Rabbi Marc Gopin. In today’s Middle East, [End Page 211] Gopin argues, Jews as well as Christians and Muslims cannot afford to ignore the peacebuilding potential of traditional religious concepts” (132). Philpott also exhibits sensitive understanding of Islam, asking, “Do Islamic texts and traditions contain the materials for the construction of the ethic of political reconciliation that I am proposing? Can Muslims, on the basis of their religious convictions, join in an overlapping consensus on such an ethic?” His answer is a clear yes (153).He identifies and assesses six practices of a politics of reconciliation. The first involves building socially just institutions and relations between states: “Since 1974, some ninety societies... have sought to replace dictatorships with democracies.... A similarly intense global wave of peace operations sponsored by the United Nations... has sought to foster human rights and democratic institutions in states that have seen civil war” (175–76). The second has to do with the practices of political acknowledgment of wrongs: “Human rights are the standard that gives truth commissions and other public forms of acknowledgment form and direction” (188). The third pertains to reparations, with attention to the ongoing effects of historical injustices for descendants (195 and 201). The fourth addresses judicial punishment: “In practicing judicial punishment, a state redresses the violation of the victim’s rights insofar as it expresses, reaffirms, and thereby strengthens human rights as the legally valid values of its realm or of relations between it and another state” (237). The fifth is apology: “Like all of the other practices, apologies performed in political contexts have grown in frequency” (198). Finally, there is forgiveness. “Political injustices harm victims by robbing them of their agency and of their ability to pursue their own and others’ flourishing.... Forgiveness... re-empowers the victim as agent... [and liberates] from anger and resentment” and can also lead to recognition of the victim’s suffering, and to mutual respect for human rights (266–68... (shrink)

Civil wars vary greatly in their duration. This book argues that conflicts are longer when they involve more actors who can block agreement and identifies specific problems that arise in multi-party bargaining. Quantitative analysis of over 200 civil wars since World War II reveals that conflicts with more of these actors last much longer than those with fewer. Detailed comparison of negotiations in Rwanda and Burundi demonstrates that multi-party negotiations present additional barriers to peace not found in two (...) party conflicts. In addition, conflicts with more veto players produce more casualties, are more likely to involve genocide and are followed by shorter periods of peace. Because they present many barriers to peace, the international community has a poor track record of resolving multi-party conflicts. David Cunningham shows that resolution is possible in these wars if peace processes are designed to address the barriers that emerge in multi-party conflicts. (shrink)

One day in the year 1274, Giuntino Jacobi appeared at the church of Santo Stefano in Quarrata. According to the notarial contract in the register of Ildebrandino d'Accatto, Giuntino was already seething with rage when he arrived at the sanctuary. When he then tried to force his way into the church, the presbyter Donato refused him access by slamming the door in his face. There is little doubt that Donato felt threatened, as he very quickly set about raising the hue (...) and cry by sounding the church bell and calling out for help. Meanwhile Giuntino, in a gesture portending Khrushchev's more famous one, took off his shoe and began pounding on the church door until a group of local men arrived and carted him away. Donato lost no time in denouncing the shoe-thumping Giuntino to the court of the podestà. When Giuntino absented himself from court, he was fined 200 fiorini piccoli, declared contumacious, and by order of the General Council banished from the commune of Florence and its territories. Thanks to the institution of the peace agreement, this story has an unexpected ending. Six months later, Donato and Giuntino stood before a notary and three witnesses in the church of Sant'Angelo di Quarrata and reconciled their differences. Their dispute was settled with the kiss of peace. The written witness—the peace agreement—was duly registered in the notarial protocol of Ildebrandino d'Accatto. (shrink)

Can world peace come about through a world federation of governments? Is growing agreement and appreciation for, throughout the world, the doctrine of equal human rights inevitable? Such questions are raised by Mortimer Adler in How to Think about War and Peace. Adler argues in this book that both are possible, and in doing so he argues that the insights of liberal contract thinkers, particularly Immanuel Kant, are essentially true. Kant argues that each person has the capacity (...) to discover within himself the foundation for human rights because they are self-evident. It follows that over time inequalities and prejudices will disappear, and people will gain the freedom to advance the cause of peace. About this account of the possibility of world peace I ask the question: is it indeed reasonable? For if it is reasonable, it is not reasonable for the reasons that would have been advanced by Aristotle or Plato or their medieval followers. In older political philosophy it is agreement about the unchanging truth of things that can bring peace. To seek the unchanging truth of things, philosophical speculation about God and things divine, is the highest human activity. It is that end to which life in this world is directed, and upon which human flourishing depends. Freedom depends upon our openness to unchanging eternal truth, even more than self-evident rights; the exercise of speculative reasoning allows for political discourse and an open society. (shrink)

The article analyzes the traditional and innovative worldview components in the political doctrine of Saint-Pierre, developed in his work Project for the Establishment of Perpetual Peace in Europe. Reflecting on the political prospects of mankind, the abbot highlighted the psychological motives that, in his opinion, determine acts of rulers. He proceeded from the idea that human nature does not change, his worldview is characterized by the belief that the final forms of government are already present in his epoch and (...) are not subject to transformation. In his view, the existing political structure prevailing in various countries should not be changed, but there should be formed a supranational collective body, authorized to carry out international arbitration. Referring to Henry IV’s plan for universal peace in Europe, Saint-Pierre did not literally repeat it, although in order to promote his ideas he presented himself as a follower of the great monarch. Proclaiming the value of impartial reasoning, the abbot attached particular importance to convincing the rulers that war is not beneficial to them personally or to their subjects. He connected happiness with the wealth and prosperity of society, subordinating politics to morality. Recognizing progress in the intellectual and economic spheres, he treated wars as a factor impeding mankind’s progress. Unlike most philosophers of Enlightenment, Saint-Pierre did not adhere to anticlericalism. He believed that the other states would join gradually join united Europe, although this process would certainly be very long. Saint-Pierre attached exceptional importance to the legal side of the issue, to the formal agreement, and he definitely underestimated economic differences among nations. (shrink)

The rise of “the rest,” especially China, has triggered an inevitable transformation of the so-called liberal international order. Rising powers have started to both challenge and push for the reform of existing multilateral institutions, such as the International Monetary Fund, and to create new ones, such as the Asian Infrastructure Investment Bank. The United States under the Trump administration, on the other hand, has retreated from the international institutions that the country once led or helped to create, including the Trans-Pacific (...) Partnership ; the Paris Agreement; the Iran nuclear deal; the Intermediate-Range Nuclear Forces Treaty; the United Nations Educational, Scientific and Cultural Organization ; and the United Nations Human Rights Council. The United States has also paralyzed the ability of the World Trade Organization to settle trade disputes by blocking the appointment of judges to its appellate body. Moreover, in May 2020, President Trump announced his decision to quit the Open Skies Treaty, an arms control regime designed to promote transparency among its members regarding military activities. During the past decade or so, both Russia and the United States have been dismantling multilateral arms control treaties one by one while engaging in new nuclear buildups at home. (shrink)

In psychology, the principle of “Behaviorism” has a negative connotation. The ascription of the philosophical stance as “behaviorist” is usually nuanced with criticism, and those labeled behaviorists often deny it (For example, Gallagher says, “But then, a surprise! Barrett also wants to recruit the behaviorists, and specifically, B. F. Skinner. Is this “the enemy of my enemy is my friend” type of strategy? Can we maintain peace within our own ranks if we mix phenomenologist with behaviorists?” (Gallagher, Philosophical Studies, (...) 176(3), 839-851, 2019 p. 841)). However, some recent re-evaluations have rescued Behaviorism by indicating that these arguments were based on a caricatured view. This study further argues a point of agreement in their fundamental concept of “behavior” and “action,” leading to a more productive relationship, in three steps. First, it starts with an overview of the development of Behaviorism. This step identifies that the concept of “behavior” in the sense of contemporary Behaviorism has interactive properties between an agent and the environment instead of mere physical movements, which can be summarized in two key features: modern Behaviorism understands behavior (1) in relation to subsequent events and (2) as inseparable from mental phenomena, which is discussed in usual cognitive science; it also understands mental phenomena as something observable in behaviors (Sect. 1). Next, we demonstrate that some of the distorted criticism of Behaviorism arises due to a lack of understanding of behavior (Sect. 2). It is revealed that the characterization as Behaviorism per se should be value-neutral once the behavior concept is accurately articulated. Finally, Sects. 3 and 4 shed light on the approach taken by enactivists in their treatment of actions, aligning them with the concept of behavior. It will be contended that these theories exhibit the presence of two characteristics previously outlined within Behaviorism. (shrink)

This article provides an overview of some of the key changes brought about by the groundbreaking Framework Agreement (known as the Ohrid Agreement) in Macedonia since its signing in 2001. A power-sharing arrangement, it saved Macedonia from the brink of civil war. This article describes how the Ohrid Agreement restored peace by addressing the constitutional status of minorities, their equitable representation in the public sector and issues connected with higher education in the 2002–2006 period. It further (...) assesses the merits of decentralization as a remedy for safeguarding a unitary state in a multi-ethnic environment. It consequently argues that the Ohrid Agreement and the ensuing reforms have been important steps in the right direction revitalizing Macedonia by empowering not only the sizeable Albanian population but other less numerous communities as well. However, daunting challenges remain ahead. The perception and language gap between the two main ethnic communities hinder efforts for a truly functioning multi-ethnic state. Moreover, the new government formed after the July 2006 general elections has stirred controversy and caused tensions affecting its Euro-Atlantic perspective. To what extent this will affect Macedonia’s multi-ethnic democracy remains to be seen. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Good and Bad Ways to Think about Religion and Politics by Robert Benne, and: The Way of Peace: Christian Life in the Face of Discord by James M. Childs Jr.Bruce P. RittenhouseGood and Bad Ways to Think about Religion and Politics Robert Benne Grand Rapids, Mich.: Eerdmans, 2010. 127 pp. $14.00The Way of Peace: Christian Life in the Face of Discord James M. Childs Jr. Minneapolis: (...) Fortress Press, 2008. 149 pp. $19.00A comparison of Robert Benne’s Good and Bad Ways to Think about Religion and Politics and James Childs’s The Way of Peace illustrates the current divisions in political theology in the US Lutheran tradition. Benne’s book is a polemic aimed at the leadership of the mainline Protestant denominations and their mode of engagement with the American political process. In Benne’s account, these denominations draw too direct and exclusive a line between Christian faith and liberal political commitments; conversely, he sees greater agreement between core Christian norms and conservative political concerns. By contrast, Childs’s book provides an exegetical development of Christian norms of peace and peacemaking, followed by direct applications of Christian norms to public issues of economic justice and war that parallel the positions of secular liberals.Benne seeks to explore anew the issue of how Christians should interact with the political process. Unlike H. Richard Niebuhr, who undertook a similar project in Christ and Culture, Benne engages contemporary secular interpretations and critiques of religious engagement in politics. Benne rejects the strict separationist positions of the new atheists such as Richard Dawkins and the fusionist positions he attributes to Paul Tillich and the leadership of the contemporary mainline denominations in favor of a critical engagement model based on the Lutheran two kingdoms doctrine. Benne’s passion is not matched by the strength of his arguments. There is a straw man quality to his characterization of his antagonists. For example, Benne describes Tillich as seeing no difference between the demands of the Christian faith and democratic socialism. But Tillich explicitly recognizes the limitations of democratic [End Page 195] socialism in expressing Christian ideals and makes clear that his preference for this form of government is conditioned on a historical situation in which the alternatives are laissez-faire capitalism, fascism, and communism. Benne displays epistemological hubris when he questions mainstream scientific judgments. For example, he mocks the “alleged global warming consensus” (35) without offering any evidence that he possesses the necessary evidence or expertise to judge that consensus. He adds questionable historical claims, exaggerating Nazi persecution of Christians and minimizing the religious motivation of the European wars following the Reformation.Childs’s treatment of the question of how Christians are to engage in the US political process is even more problematic than Benne’s. His political prescriptions are written as if the problem did not exist, as if there existed a unified Christian polity fully faithful to its ideals that could express those ideals directly in the nation’s public policies. In this, there is a lack of the moral realism that Lutherans traditionally express through the doctrine that Christians are simul justus et peccator (at the same time justified and sinner). It is telling that the only sins that Childs acknowledges in the church are those that correspond to secular liberal norms: “racism, sexism, classism, and other forms of discrimination” (110). Childs’s representations of the church as holy, a community of peacemakers, and a sign of peace are normative not descriptive, effacing the traditional Lutheran distinction between the visible and invisible church. Childs also demonstrates a lack of political realism with respect to the influence of Christians in the American political process. In proposing that public policy be directed by Christian ideals, Childs either presupposes a significant conversion of our pluralistic society or he imagines that those not presently acting in the political process according to Christian moral principles can be persuaded to selflessness without conversion. The former position is not an empirical reality, and the latter contradicts the traditional Lutheran understanding of original sin, which holds that in the absence of faith human beings are curvatus in se, curved in upon themselves.Benne makes a... (shrink)

In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the (...) changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue. (shrink)

This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, (...) the theory remains wedded to a key feature of social contract theory: political order is conceived as based on agreement. This construes the horizontal tensions among individual or group agents in society as prior to the vertical, authoritative relations between authorities and their subjects. Political authority thereby appears from the start as a solution to societal conflict, rather than a problem in itself. I argue that this way of framing the issue abstracts from political experience. Instead I attempt to rethink the notion of modus vivendi from within the lived experience of political conflict, as oriented not primarily toward peace, but political survival. With this shift of perspective, the idea of modus vivendi shows us, pace Bernard Williams, that the “first political question” is not how to achieve order and stability, but rather: what can I live with? (shrink)

The influence exerted by the ideas of Jeremy Bentham has been a matter of controversy over many years. Assessments have varied greatly—ranging from the extravagantly generous to the utterly dismissive—but there has been broad agreement on the loci for investigation. Attention has focused on the social, administrative, and legal reforms of the Victorian age. The aim here is to explore a different and relatively neglected area—the part played by Bentham's thought in shaping the attitudes and programme of the nineteenth-century (...) British peace movement. (shrink)

As a natural result of globalization and migration from village to city, peace, ease, and happiness of people who have to coexist in cities are extremely important. Beliefs, systems, ideologies, and institutions aim to achieve this. This situation forces individuals and groups who live together, whether they want to or not, to get to know and communicate with each other within a trust environment. The most important factor that makes recognizing segments of society with different characteristics and communicate with (...) them in a healthy way is to develop a culture of coexistence among the community members. Coexistence means that people with different identities and affiliations are united around the citizenship denominator and contributing to the continuation of social life in unity and solidarity. This understanding must be transformed into a cultural consciousness in the community members. Because, polarization, marginalization, discrimination, and violence become common among individuals who live in societies where the culture of living together and the awareness of citizenship are not developed. It is not possible to ensure coexistence only by law. In societies where a culture of cohabitation develops, differences are not seen as a cause of separation, but as a richness that diversifies society and gives dynamism to social life. In societies dealing with political, social, economic, and moral problems, religion, language, race, ethnic identity, and regional sense of belonging might be more likely used as terrorization tools. The self-confidence that accurrate religious knowledge gives to individuals might weaken such a possibility. Islam anticipates a social system that facilitates a pecaful and easeful life for the people. Giving importance to principles such as love, respect, tolerance, justice, consultation, assistance, and solidarity in the Qur'an is an indication of the need for this system. The Prophet Mohammad had the opportunity to apply an example of this system in Madinah anticipatedin the Qur'an in Madinah. After the migration, some principles related to the basic rules of coexistence were included in the Madinah agreement, which the Prophet signed with representatives of different segments living in Madinah. It is very important that these principles are able to shed light on the issues happenin in the recent world. The experience of living together in the time of the Prophet Muhammad (pbuh) should be introduced to the next generations with correct information. Because, The Medina Agreement, which has an important place in the history of Muslims, is an important example of the ability to live together in peace and ease by maintaining differences in society. The Medina Agreement is the first written document that allows different groups of people residing in Medina to live together. The main purpose of this agreement, which the Prophet made with the Jewish, Christian, and polytheistic tribes in Medina after the migration, is to protect the fundamental rights stemming from the citizenship of people who live in the same city by having different faiths and cultural values. If so, the Madinah Agreement might be an example for many societies that recently experience discord and unrest due to their characteristics such as religion, language, race, political thought, and etc. In this regard, this article focuses on the importance of the culture of coexistence in the context of the Madinah Agreement and the process of formation of this culture and offers some suggestionsthat will facilitate peace and ease for different groups living in the same society. Some of these suggestions are as follows: Differences such as language, religion, race, culture, and political thought among the realities of social life should not be seen as an element of discrimination, everyone should contribute to the peace and well-being of society by combining in the common denominator of citizenship. In educational institutions, it should be taken into account values such as human love, respect for the other, tolerance, freedom of thought, empathy, and peace. In addition to educational institutions, all segments operating in the field of law, politics, economics, religion, and media should unite, and thus, should develop a consciousness of citizenship in society, where differences in race, religion, language, culture and political views are seen as richness. (shrink)

This document presents an analysis of tolerance and recognition of the other in the text of the peace agreement signed between the Colombian government and the Revolutionary Armed Forces of Colombia People’s Army (FARC-EP), and its implication in the success of the Agreement and the construction of a stable and lasting peace. A documentary review was conducted and the hermeneutic method was followed toanalyze philosophical texts that address the concept of tolerance and recognition of the other. (...) Then, a dialogue was established with the text of the Final Agreement. It is concluded that the final Agreement expressly emphasizes tolerance, but not recognition of the other. However, there are relevant aspects in the text of the Agreement, such as forgiveness and reconciliation, that require going beyond tolerantacts, especially when a Peace Agreement is going to be implemented to end an armed conflict that involves negative feelings that make it difficult to advance in national reconciliation. (shrink)

The signature of the peace agreement between FARC guerrillas and the Colombian government has prompted reflection on the role that different sectors of society, including the mainstream media, have played in the perpetuation of the internal conflict. Based on CDA and SFL concepts, this paper contrasts the representation of victims in a 300,000+ word corpus of newspaper reports of violent acts committed by right-wing paramilitaries and Marxist guerrillas between 1998 and 2006, the most violent period of the conflict. (...) The results clearly show not only a significantly higher word count for guerrilla victims’ statements, but also significantly more frequent examples of personalisation such as given names, kinship and emotional language. On the other hand, paramilitary victims are backgrounded by the significantly more frequent use of generic terms. These findings are consistent with previous studies on the topic which identified the systematic concealment of the responsibility of the paramilitaries in serious human right violations. (shrink)

Transitional justice in Colombia has evolved, reflecting the political, social, and academic changes in the country. This study is a systematic review of the literature through articles indexed in Web of Science, applying the PRISMA protocol. Out of 3819 articles published in the last five years (2019-2024), 109 articles were selected following strict exclusion criteria. The methodology includes a quantitative analysis complemented with the visual analysis tool Posit PBC™ for bibliometric analysis in Biblioshyni. The study addresses the research question on (...) the evolution of the main research interests in the field of Transitional Justice in Colombia. The results show that initially, analyses on transitional justice focused on documenting the atrocities of the armed conflict, with a focus on truth and reparation, grounding legal mechanisms such as the Justice and Peace Law of 2005; with the 2016 Peace Agreement, research expanded into more complex issues, including the interaction between transitional justice and development, and the importance of civil society and victim engagement. The inclusion of the gender perspective, particularly after the 2016 Peace Agreement, led to studies on how women and LGBTI+ communities were differentially affected by the conflict. In addition, recent research has focused on the comparison between the peace processes with the AUC and the FARC-EP, analyzing the differences in their transitional justice frameworks and the challenges of implementing these agreements in a context of persistent violence. (shrink)

Collective memories are multiple discursive practices, in which social representations about a common past are used to build and maintain cohesion and identity of groups socio-historically located at a socio-culturally determined moment and to project future in frameworks of rights and dignity. It is understood that the memories articulated to the Colombian armed conflict are diverse: different stories of violence, oppression and resistance of peoples, communities and groups are identified and made explicit. Thirty media narratives distributed in the ElTiempo.com Special (...) “Thirty encounters with peace” (2017) comprise the universe of research. The sample is made up of seven narratives that propose the sense of testimony. The selected format is storytelling, which is built in the special edition of the newspaper as a communication proposal for the reconstruction of the social fabric, within the year after the signing of the Peace Agreement between the National Government and the FARC-EP (post-agreement). The research is nucleated on situations of rights violations linked to the conflict, and the proposals derived from these narratives, as regards the overcoming of the exercises of violence to which they refer. The analysis is assumed from the principles of Multimodal and Multimedia Critical Discourse Studies (MMCDS). The forms of representation in the discourses, their multimodal articulations and the multimedia implications in the production of meanings are articulated; the final aim is to derive sociopolitical consequences of the discursive proposal, constructed and socialized in the narratives of the special edition of the newspaper. (shrink)

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses (...) of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory. (shrink)

For a phenomenologist, the question that has to be asked about peace is not primarily whether it can be defined as the tranquillity of order, a law of nature or an infinite task, as it were according to Augustine, Hobbes and Kant. It is rather a question of its phenomenality : how does peace appear to us, how does it get visible? In his attempt to answer this question, Waldenfels privileges the event of a peace agreement (...) and proposes a reconstruction of its genealogy. (shrink)

Post-communist Eastern and Central Europe has witnessed a rise in ethnonationalism. The struggle of identity formation has often involved a re/turn to traditional, or even fundamentalist, religious practices that are authoritarian and patriarchal. Faith communities within such a sway often undermine the organs of society that ideally in a democracy negotiate between the government and the citizenry, the domain of civil society.Since the end of the civil war of 1992-1995, Bosnia and Herzegovina (BiH) has struggled under the constraints of the (...) Dayton Peace Agreement, which institutionalized a tri-partite government along ethno-national lines. Today this country lags behind every successor state of Yugoslavia (measured by GDP per capita), and political instability continues to thwart hopes for EU ascension. A civil society that fosters a critical citizenry offers hope for support of constitutional amendments that would recreate and support a functioning multiethnic state. Despite the common association of faith communities and ethno-nationalism, some work, usually “on the ground,” to create a civil society that engages both the political and religious hierarchies.The representatives of faith communities considered here, in BiH and Croatia, who must maintain a lower profile politically, receive, consequently, less attention in the international arena. Yet, their work provides crucial support for European integration and open societies in the region and deserves special attention now, when the threat to their work is on the rise. (shrink)

The purpose of this research paper is to do reflection on the importance of the preservation of the justice in the peace talks in Colombia for that serve the construction a better country and a better society of the post-conflict. To achieve it is necessary to revise the justice concepts of redress of Adam Smith and associate it with the concept of utilitarianism of John Stuart Mill as search for the general happiness. The investigation go to do a traceability (...) exhaustive of the Peace Accords in Colombia to compare them with those achieved by other societies of the post-conflict in two countries in Europe and one from Latin America. The research conclude in the need of a peace agreement respectful of the right victims and territories affected by the armed conflict. An agreement to reduce as far as possible the not social satisfactions about Colombian political and justice institutions in the future. (shrink)

A feminist stock-taking on ‘post-conflict’, this paper revisits a study made by the author in 1996–1997, when the women's community sector was a lively actor in the processes leading to the Good Friday Peace Agreement of 1998. Refusing to observe sectarian conflict lines, women's centres were re-writing official ‘community development’ policy as community empowerment and political challenge. The author draws on new interviews conducted in 2012 with feminist community activists of that earlier period of ‘frontline feminism’, associated with (...) the Belfast Women's Support Network. The women reveal how continuing poverty, discrimination, violence and unhealed trauma still characterise working-class life in the post-conflict period, and impede the integration of Protestant and Catholic communities. Official provisions for gender equality have been interpreted in gender-neutral ways, and in some cases turned against women. The demilitarisation of masculinity has been painfully slow. The women's community sector has experienced a loss of political drive as women's centres have become service providers, dependent on state funding. Feminism is renewing itself, but in fresh forms with different priorities. Will it recover a voice that ‘speaks truth to power’? (shrink)

The question of how democracy can deal with cultural diversity has become more central than ever. The increasing flow of people to many Western democratic countries indicates that our societies will become more and more multicultural. But what is the best way for democracy to deal with cultural diversity? It has been argued that, given its communicative core, the Habermasian model of deliberative democracy provides a platform where cultural groups can concur on peaceful agreements. In this paper, I show the (...) limits of this model of democracy in relation to diverse cultural traditions to public interactions. I will discuss the case of societies and ethnic groups of a Confucian heritage and show that Habermas’ account of public deliberation is not a neutral method for facilitating political decision making, but is culturally biased. (shrink)

The gender perspective theory is a framework that assists Peace and Conflict Studies (PACS) scholars and practitioners to develop less violent and more equal societies. In Colombia, this theory is under attack from Protestant Christian churches that have produced the category of gender ideology to delegitimize the gender perspective. In this article, we analyse the narratives used by members of the Protestant Christian churches and conservative political leaders in Colombia to create the category of gender ideology. This new concept (...) became a central element both in forging the identity of Protestant Christian congregations and in opposing the peace agreement reached by the Colombian government and FARC guerrillas. We discuss how family plays a significant role in the development of the gender ideology. Finally, we contend that gender ideology is a social category that is gaining ground in legal and academic circles in Colombia, forming an identity for Christian conservatives centered in a Manichean world that excludes people who traditionally have been marginalized in Colombian society. (shrink)

This paper foregrounds how women’s public testimony as part of a formal transitional justice initiative is shaped by the particular context in which a commission operate, including the political and security environment. While the literature has engaged with the gendered predicaments of truth commissions after peace agreements and during transitions away from non-democratic rule, the function of such initiatives in more authoritarian and in immediate post-war contexts is generally overlooked. I examine women’s testimonies from Sri Lanka’s Lessons Learned and (...) Reconciliation Commission, and contend that pervasive militarization and insecurity, and the conduct of the Commission, influenced the stories that came forth. Women’s testimonies in the war-torn areas primarily represent pleas for information about missing family members and reflect important silences about the women’s own experiences of abuse, including ongoing post-war insecurities. The analysis raises questions about what may be expected from transitional justice efforts in difficult post-war contexts. (shrink)

This article analyzes the technology of memory as truth, based on the work carried out by the Commission for the Clarification of Truth, Coexistence, and Non-Repetition, created in Colombia within the framework of the Peace Agreements signed by the government and the FARC-EP guerrillas in 2016, utilizing the confessional dispositif proposed by Michel Foucault in the 1970s and 1980s. The study of confession and testimony is developed in three stages: 1. The mechanism for collecting testimonies in the volume Cuando (...) los pájaros no cantaban will be analyzed. 2. The studies on confession and truth in Foucault's analyses will be revisited. 3. An articulation between memory and history based on testimonies is proposed. The article concludes with references to historical memory from the proposal of a testimonial technology, proposed from the confessional dispositif. (shrink)

This paper analyzes the complex historical and regional factors that contribute to the escalation of destruction from 2003 on in Darfur. Darfur is not an isolated case that suddenly erupted in violence. It is the most recent case in a long history of repeated violations by the Sudanese state against its citizens. From the use of proxy militias (the Janjaweed) to signing peace agreements that fragment and weaken the opposition, destruction in Darfur continues government strategies of divide and rule. (...) At the same time, complex regional dynamics especially between Sudan, Chad and the Central African Republic add to violence and instability within states and across borders. The paper emphasizes the speed with which during 2003–2005 over 2.4 million were uprooted from their homes and the ongoing vulnerability of internally displaced persons to attacks, disease and malnutrition. This restructuring of the population in Darfur is part of a strategy to control the populace and redistribute land and other resources. The multicausal origin of the conflict and its increasing complexity points to the difficulty of providing security for the people in Darfur and resolving the conflict. (shrink)

[1] If asked to name career diplomats who have tackled some very difficult international crises, many foreign policy makers would put Richard Holbrooke near the top of the list. Not many negotiators have wielded moral principle, power, and reason as well as Holbrooke. His book on the Bosnia negotiations leading up to the 1995 Dayton Peace Agreement is timely, given the ethnic cleansing that is being carried out in Kosovo, a southern province of Yugoslavia's Serb Republic. Once again (...) we are faced with unrest in the Balkans. We have seen the daily newspaper headlines change from "24 Albanian Men Killed in Kosovo" and "Hopes Fade for New Kosovo Talks" to "NATO Air Campaign Expanded" and "Chinese Embassy Bombed in Belgrade." Although talk of "Bosnian Muslims," "the Bosnian Army" and "Srebrenica' has been replaced with "Kosovars," "the Kosovo Liberation Army," and "Rogovo," two of the main actors in the Bosnia negotiations have returned to put their stamp on the Kosovo negotiations: President Slobodan Milosevic and U.S. envoy Richard Holbrooke. Unfortunately, Holbrooke's words that begin the last paragraph of his book seem to have come true: "There will be other Bosnias in our lives." With that in mind, Holbrooke's book will best he appreciated as a harbinger of things to come in Kosovo and elsewhere. (shrink)

This paper examines the importance of reconciliation in post-conflict state-building. We argue that while the economic and political aspects are vital components of the state-building tool-kit, states can hardly be reconstructed without the support of the society. Individuals and communities are central to the re-establishment of peace and democracy. We will conduct a case study analysis focusing on Bosnia and Herzegovina (hereinafter Bosnia). After more than 10 years of international supervision, Bosnia remains fragmented by ethnic tension, and continues to (...) need the guidance of the United Nation’s Office of the High Representative and European Union Special Representative. The Dayton Accord provided little direction for how to proceed with reconciliation beyond a state-centered peace-agreement and constitution. This study suggests that the peacebuilding process that has taken place in Bosnia over the past decade has been unable to foster reconciliation and re-create social trust, two necessary elements for ensuring lasting peace in the aftermath of conflict. (shrink)

In order to clarify the objectives of bankruptcy, to reveal the true essence of bankruptcy procedure and the origin of legal terms, it is necessary to ascertain the nature of this institute of law, as well as the reasons for its creation and development. This article provides historic analysis of the development of the institute of bankruptcy procedure. For this purpose, a historic comparative research is undertaken in the article, in order to find certain parallels of bankruptcy procedure under Roman (...) law and the modern bankruptcy procedure. Roman law has been chosen as the most phenomenal ancient law for the purposes of undertaking a historic analysis of the development of bankruptcy procedure. In the authors’ opinion, it it the best example that reveals the origin of bankruptcy procedure, and the reasons for its formation. Analysis of certain private law institutes of Roman law enables the authors to conclude that the main features (principles) of the bankruptcy procedure formed precisely under Roman law: replacement of personal liability by pecuniary; public auction as a form of realization of debtor’s property; transition from selling of debtor’s property as a whole to disposal of property in divided property units; creation of subject, who administers auctions of debtor’s property under oath not to act in selfish purposes; setting of a term of 30 days, during which a debtor has to cover the debts (claims’ dispute resolution); establishment of the institute of informing creditors about initiated procedures of debt retrieval and encouragement to join these procedures; establishment of the ban to recover debts from household items; laying of the foundations of the institute of peace agreement between the debtor and his creditors; establishment of actio Pauliana - a remedy for the protection of creditors rights. The mentioned rules in one way or another eventually have been transferred to legal acts on legal relations in case of bankruptcy of many foreign countries. (shrink)

We investigate how the just cause principle is applicable to contingency planning about armed interventions in civil wars that are somewhat likely to occur in the future. According to a 2005 peace agreement that formally ended a civil war between the Sudanese government in Khartoum and the Sudan People’s Liberation Army, a referendum on South Sudan independence is to be held no later than January 9, 2011. Close observers of Sudan warn that this promise of an independence referendum (...) might not be correctly fulfilled, and that a North-South civil war is somewhat likely to recur. Focusing on the case of Sudan, we discuss the following key question, from the temporal standpoint of August 2010, the month this paper was completed: How may the just cause principle be used prospectively to decide whether there would be a just cause for armed intervention in Sudan, if a renewed North-South civil war were to occur there during the years 2010–2014? To illuminate this question of application, we also discuss a question of theory. What is the just cause principle? A core thesis is that the deterrent threat of armed intervention is an essential tool for preventing such a civil war. By means of deterrent threats of limited forms of armed intervention—for instance, the deterrent threat of imposing no-fly zones—the balance of cost/benefit calculations by the Sudanese government about the prospect of civil war might be tipped in favor of acceptance of South Sudan independence. We recommend that responsible actors in the international community should plan contingently about such armed intervention in Sudan, with the goal of preventing a renewed North-South civil war there. (shrink)