This paper addresses three commentaries on Victims' Stories and the Advancement of Human Rights. In response to Vittorio Bufacchi, it argues that asking victims to tell their stories needn't be coercive or unjust and that victims are entitled to decide whether and under what conditions to tell their stories. In response to Serene Khader, it argues that empathy with victims' stories can contribute to building a culture of human rights provided that measures are taken to overcome the implicit biases and (...) colonialist interpellations she identifies. In response to Andrea Westlund, it proposes a taxonomy of types of narrative closure and offers some arguments to strengthen her view that empathy with victims' stories endows audience members with a new reason and new motivation to support human rights. (shrink)

Victim's Stories and the Advancement of Human Rights takes on a set of questions suggested by the worldwide persistence of human rights abuse and the prevalence of victims' stories in human rights campaigns, truth commissions, and international criminal tribunals: What conceptions of victims are presumed in contemporary human rights discourse? How do conventional narrative templates fail victims of human rights abuse and resist raising novel human rights issues? What is empathy, and how can victims frame their stories to overcome (...) empathetic obstacles and promote commitment to human rights? How can victims' stories be used ethically in the service of human rights? The book addresses these concerns by analyzing the rhetorical resources for and constraints on victims' ability to articulate their stories and by clarifying how their stories can contribute to enlarged understandings of human rights protections and deepened commitments to realizing human rights. It theorizes the normative content that victims' stories can convey and the bearing of that normative content on human rights. Throughout the book, published victims' stories-including stories of torture, slavery, genocide, rape in wartime, and child soldiering-are analyzed in conjunction with philosophical arguments. This book mobilizes philosophical theory to illuminate victims' stories and appeals to victims' stories to enrich the philosophy of human rights. (shrink)

René Girard's interdisciplinary theory of human culture, its origins, and its evolution, constitutes one of the more ambitious theories available in scholarship, with manifold applications in the humanities, interdisciplinarians, the human sciences, and peace studies scholars.1 I will not rehearse that theory here but briefly recall that he has argued: that pre-cognitive imitation is a key factor driving human behavior and gives rise to numerous benefits and problems, and that early human mimetic capacity coevolved with and through "the victimage mechanism"—i.e., (...) group murder of a victim, which gave birth to the... (shrink)

In Neither Victim nor Survivor: Thinking toward a New Humanity, Marilyn Nissim-Sabat offers a comprehensive critique of the interrelated concepts of "victim" and "survivor" as they have been ideologically distorted in Western thought. Nissim-Sabat proposes that a phenomenological attitude empowers us to overcome the anti-human consequences of both victimization of individuals and peoples and the ideological distortions of concepts that help to perpetuate that victimization.

This is a new discussion in the philosophy of terrorism of the morality of Humanity, Palestine and Israel, right and wrong, liberalism, free riders, narratives, definitions of terrorism, objections to definitions not mentioning innocents, the question of who the innocents are, intentional action, objections having to do with definitions, inquiry, prejudice, pure inquiry, and advocacy, and other innocents. The discussion was prompted by a forthcoming paper by Tamar Meisels of Tel Aviv University 'Can Terrorism Ever Be Justified?', which paper (...) and the final reply to it by Ted Honderich will appear in a book edited by Stuart Gottlieb, Debating Terrorism and Counter Terrorism. Tamar Meisels' book, The Trouble With Terror, has lately been published by Cambridge University Press. She also has a paper in the collection Israel, Palestine and Terror edited by Stephen Law and containing various replies to Honderich. Another Meisels paper to which you can turn, The Trouble With Terror: The Apologetics of Terrorism -- A Refutatio n. There is also a Honderich reply to other objections, in this case by the German philosopher Georg Meggle. (shrink)

This article is concerned with how we meet the victim of genocide in the middle of experience. François Laruelle, in Théorie générale des victimes, suggests that to think the victim is a work of resurrection rather than remembrance. To think the victim should allow us to recognize that the victim, especially the victim for who they are as such, is always human in the last instance—a repeatable victim. With this thesis, the article begins with (...) the definition of the crime of genocide adopted by the United Nations to examine how knowledge production is involved in cyclical violence. The second part of the essay thinks the victim of genocide through a subversion of Jean-Luc Marion’s limit concept of the saturated phenomenon, sans transcendence. The essay concludes that in this lived realization, weakness and compassion seize to return the victim to their suffering and instead, hope to change the world. (shrink)

On March 21 st , 1928, the Alberta government passed the Alberta Sexual Sterilization Act. Between 1928 and 1972, the Alberta Eugenics Board used the Act to sterilize an estimated 2,822 ‘mentally-defective’ Albertans. This paper examines the role that ethnicity played in the sterilization process, arguing that nativist attitudes influenced both the Canadian eugenics movement and the development of the Act.

Firms possessing a unique competency to rescue the victims of a human catastrophe have a minimum moral obligation to devote substantial resources toward best efforts to aid the victims. The minimum amount that firms should devote to rescue is the largest sum of their most recent year’s investment in social initiatives, their five-year trend, their industry’s average, or the national average. Financial exigency may justify a lower level of investment. Alternative social investments may be continued if they have an equally (...) compelling rationale. These duties apply to the global pharmaceutical companies in the context of the AIDS pandemic in sub-Saharan Africa. (shrink)

There is much law and many guidelines surrounding the whole issue of the indemnity for human volunteers when it comes to clinical trials. The system that had been put in place to protect individual volunteer drug trialists seems largely to have worked by the fact that there are so few examples of legal cases being issued. However, recent events have shown that when the system fails it fails somewhat spectacularly. The difficulty for groups such as the ethics committee is that (...) lawyers look for targets to try and meet the difference between the claims and the monies available and it might therefore always be possible that the ethics committee becomes centre stage in terms of the pursuit of the action. (shrink)

Social scientists who conduct qualitative research frequently use emotional engagement to gather information about participants’ thoughts, feelings, and behaviours in relation to a particularly research question. When the subject under investigation is related to trauma, listening to, or being exposed to personal accounts of participants’ traumatic experiences can carry a significant emotional cost for researchers. This may place them at risk of secondary trauma. In this article, I examine these issues from the context of my doctoral field research in South (...) Africa, which focused on intergenerational trauma amongst descendants of victims of apartheid-era gross human rights violations. I reflect on my positionality as both an insider and outsider and feelings of guilt that emanated from my sense of being privileged and an imposter. I also reflect on the emotional turmoil brought about by my engagement with the trauma of participants and their families. I conclude by sharing the lessons I have learnt, and that have enabled me to sustain my scholarly engagement with intergenerational trauma. Ultimately, this article gives insight into, and raises awareness about, the emotional consequences of conducting trauma research. It offers practical suggestions to help researchers navigate the emotional minefield involved in conducting trauma research. (shrink)

This article is based on interviews with U Ashin Wirathu and an analysis of Buddhist nationalist discourses of violence against religious and ethnic minorities in Myanmar. I explore a fundamental issue that continues to plague the Rohingya—the emphasis on the Rohingya as victims of nationalist systemic Buddhist violence. This chapter sets out to bring Rohingya agency to the forefront. Rohingyas are characterized as immutably foreign and Muslim—that is, they are labeled with an identity convenient to state-sangha oppression. Through interviews with (...) relocated Rohingya society members and the mentoring of Dr. Jerryson, this work is dedicated to the rehumanization and devictimization of the Rohingya. (shrink)

There is a wide spectrum in reading Michael Ondaatje’s novel Anil’s Ghost, ranging from thinkers who explore literary, historical, to ethico-ontological and political aspects. I confine the study by strictly retrieving the subjectivity of the human rights victim as not rested in its being a subject and victim, hence as a specter that haunts or ‘retaliates’ into exposing its victimization. This article attempts to read the spectral nature of this victim using Derrida and Žižek. The Derridean reading (...) grounds the central spectrality on his hauntology and what it says about the victim’s ghostly character. Later, I expound on the act of haunting from a Žižekean standpoint by hinging on the notion of ‘drive’ that exposes the nature of victimization as depoliticizing the subject. (shrink)

This paper discusses Diana Meyers's book in light of postcolonial feminist insights. It argues that though Meyers's defense of empathy is admirably sensitive to the ways philosophical concepts and popular discourses can undermine our empathetic capacities, building a human rights culture requires attention to the relational and distributional dimensions of empathy. Meyers's criticism of the expectation of moral purity from victims attests to the richness of her work on agency and helps dismantle unduly narrow conceptions of who counts as a (...) victim of a human rights violation. Meyers's argument for empathy over sympathy is especially useful for understanding culturally encoded forms of degradation. However, human rights violations are caused not only by empathy deficits; they are caused also by empathy excesses toward some people and savior mentalities that can coexist with empathy. Empathy should be supplemented by a political analysis that helps us identify the causes of global injustice. (shrink)

This note analyses a recent case of the European Court of Justice in which the applicant, a 14-year old rape victim, alleged that Bulgarian criminal law violated her rights under Articles 3 and 8 of the European Convention of Human Rights in pursuing a practice of only prosecuting rape where there was evidence of the use of physical force and active resistance. In upholding the applicant’s claims, the Court re-affirmed the positive obligation on states to adopt measures to ensure (...) that fundamental rights under the Convention were secured. In particular, in the case of rape, this required the enactment and application of criminal laws effectively prescribing all acts of non-consensual sex and not just those involving physical violence. In this way the Court affirmed not only that rape was, in essence, a violation of personal sexual autonomy but also that legal systems which failed adequately to protect against all forms of rape risked operating in breach of Convention obligations. (shrink)

This essay concerns what it means to historicize evil in an ethically responsible way: that is, what it means to think and narrate perpetrators and victims of evil through what is testified to and told about them. I show that a responsible gaze can only be recognized by allowing ourselves to be addressed by the dead victims. The argument consists in an existential critique of a set of common ideas in the human sciences, which suggest that we must attempt to (...) empathize with the perpetrators in order to understand their deeds in human terms. This empathetic thought, I suggest, easily leads us either to aestheticize the victims or to think that the evils in our history should be addressed as a metaphysical susceptibility to evil internal to being human. By critically discussing these ideas, I show that empathy for the perpetrators in several respects does injustice to the dead victims, which marks that we as their afterlife continue to have an irresponsible relationship with the dead. (shrink)

While victimization is as old as human history, the notion of victimhood as currently understood is a relatively recent phenomenon. Over the last several decades, the notion of victimhood has been increasing discussed both within academia and the wider public, a trend that has intensified in recent years. In order to gain a clearer vision of this social phenomenon, the current piece follows the lead of Georg Simmel, and identifies a new Simmelian social type—the Victim. After discussing Simmel’s understanding (...) of social types and tracing the origins of the Victim, we examine some of the characteristics of this new social type. While the Victim is best understood on a high level of abstraction—as are all social types—a richer appreciation of the emergence and nature of the Victim will help us to better understand current discussions around victimhood in both academia and the wider public. These philosophical and sociological reflections on the nature of the Victim can thus be of help for better understanding a social phenomenon of considerable importance in today’s world. (shrink)

Victim compensation now plays a central role in dealing with harm. It can be brought into play by various devices: private or social insurance, the courts or special funds created for specific disasters. With each device, compensation raises complex evaluation issues: is it appropriate to use financial compensation to repair harm? Who should pay and on what basis should the compensation be awarded? What is the nature of the damage? How to evaluate it and how to value the amount (...) of compensation determined? These questions are the subject of intense work of evaluation by both those who create or implement the compensation devices and by those who use them. This article looks more specifically at this work of evaluation by people who have endured a collective disaster and who have had to deal with the devices designed to compensate them. (shrink)

In her book Victims' Stories and the Advancement of Human Rights, Diana Meyers offers a careful analysis of victims' stories as a narrative genre, and she argues that stories in this genre function as a call to care: they both depict a moral void and issue a moral demand, thereby fostering the development of a culture of human rights. This article, while finding Meyers's articulation of this idea compelling, questions Meyers's account of how victims' stories do their moral work. Whereas (...) Meyers argues that victims' stories are complete narratives, characterized by a distinctive form of closure, it suggests that the moral power of victims' stories may lie in part in their open-endedness or lack of closure. In telling their stories, victims engage their audiences in a new moral relationship and implicitly give them a role to play in bringing about the moral closure they seek. (shrink)

In this paper I argue that when states commit, assist, or culpably fail to prevent crimes against humanity against their own people, they should, subsequently, have primacy in prosecuting those crimes. They have a presumptive right (and duty) to punish perpetrators, and so a claim against third parties not to do so. In contrast to those who emphasise the importance of national sovereignty, I set out a victim-centred justification for this claim. I argue that victims of crimes against (...) humanity, and members of groups that have been targeted for these crimes, have a special interest in having their status as members of their political community re-affirmed. Punishment by their state of war-related crimes against them has the expressive function of re-affirming their status as equal members of their national community, and the state’s commitment to protecting their rights. I set out some reasons to think that this is valuable for victims and members of targeted groups. These interests, I argue, are weighty enough to ground the primacy of states in prosecution. (shrink)

Victims of disaster suffer, not only at the very moment of the disaster, but also years after the disaster has taken place, they are still in an emotional journey. While many moral perspectives focus on the moment of the disaster itself, a lot of work is to be done years after the disaster. How do people go through their suffering and how can we take care of them? Research on human suffering after a major catastrophe, using an ethics of care (...) perspective, is scarce. People suffering from disasters are often called to be in distress and their emotional difficulties ‘medicalised’. This brings them often into a situation of long term use of medication, and one can wonder if medication is of help to them in the long run. In our paper, we will explore another moral perspective, focusing on the importance of the victims’ narrative and their lived experiences. We will use Paul Ricoeur’s phenomenological reflections from ‘Suffering is not the same as pain’ for conceptualizing human suffering and how to apply it to victims of disaster. Ricoeur suggests that suffering is not a quantity that can be measured, but a characteristic that should be studied qualitatively in interpersonal and narrative contexts. Above all, the perspective of care and listening could offer an opportunity to reconcile people from their loss and suffering. (shrink)

A contribution to the sixth installment of the Common Knowledge symposium “Apology for Quietism,” this article reflects on the challenges that understanding the Holocaust posed for Jews in Palestine and has posed for them in Israel. Ofer concentrates on the images of victims, fighters, and survivors as they were formulated during the last years of World War II and after the establishment of the State of Israel. Behind these images stood historical, concrete human beings who were classified according to concepts (...) supplied by Zionist and historical Jewish culture, in which activism vs. quietism had long presented major issues for debate. A narrative and typology developed of fighting heroes, victims, and survivors; Ofer questions how different these categories were from each other. In pursuit of an answer, she examines institutions in Israel for commemoration and remembrance, especially Yad Vashem, a state-established institution centering on its often-reconfigured and redesigned historical museums. Finally, this article explores the impact of immigrations and wars on the approach of Israelis to activism and quietism, with special reference to attitudes toward the Holocaust. (shrink)

The costs of anthropogenic environmental change are usually discussed in broad terms, for example embracing damage to the ecosystem or buildings. There has been little consideration of the direct human dimension – the cost to and of environmental victims – except in clinical terms. In order to prevent and minimise environmental victimisation it seems necessary to present cost arguments to governments and commerce. This paper outlines the personal, social and cash costs of environmental victimisation, using the psycho-social literature, and brief (...) case studies of intellectual disability, road transport and cross-border pollution. It is proposed that governments and commerce might not respond in obvious ways to these cost arguments, but 'trust' is identified as a cost that both may recognise. It is concluded that the concept of loss-costs should be central to any analysis, and the paper provides a 'Framework for comprehensive argument of the costs of environmental victimisation', in the form of a simple matrix. (shrink)

Restorative justice, with its most prominent characteristic being rebuilding social relationships among victims, perpetrators and the community that was damaged by a crime, has been proposed as an alternative to the traditional retributive justice model to treat criminal acts. Both secular and religious groundings exist for restorative justice, and religious theorists have developed theological groundings for restorative justice based on scripture and other sources. In this article, I will explore how a theologically grounded restorative justice model, focusing on Christopher Marshall’s (...) theological exposition of restorative justice, can contribute to the thought and action of Christians and the larger public in the face of the moral injury caused by human trafficking. I will address how this model can also contribute to social structural change. In my analysis, I will employ a case study of North Korean stateless women who reside in China and who are victims of human trafficking. (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim (...) paradigm and the heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

In two recent works, Intellectuals and Power and General Theory of Victims, François Laruelle offers a critique of the public intellectual, including Jean-Paul Sartre, claiming such intellectuals have a disregard for victims of crimes against humanity. Laruelle insists that the victim has been left out of philosophy and displaced by an abstract pursuit of justice. He offers a non- philosophical approach that reverses the victim/intellectual dyad and calls for compassionate insurrection. In this paper, we probe Laruelle's critique (...) of the committed intellectual's obligations to victims, specifically, through an examination of Sartre's "A Plea for Intellectuals." We hope to show the value of Laruelle's theory on victims, crime and power for imagining future-oriented intellectuals. (shrink)

The most accessible expression of François Laruelles non-philosophical, or non-standard, thought, _General Theory of Victims_ forges a new role for contemporary philosophers and intellectuals by rethinking their relation to victims. A key text in recent continental philosophy, it is indispensable for anyone interested in the debates surrounding materialism, philosophy of religion, and ethics. Transforming Joseph de Maistres adage that the executioner is the cornerstone of society, _General Theory of Victims_ instead proposes the victim as the cornerstone of humanity (...) and the key figure for contemporary thought. Laruelle condemns philosophy for participating in and legitimating the great persecutions of the twentieth century, and lays out a new vision of victim-oriented ethics. To do this, he engages the resources of both quantum physics and theology in order to adapt a key concept of non-philosophy, Man-in-person, for a new understanding of the victim. As Man-in-person, the victim is no longer exclusively defined by suffering, but has the capacity to rise up against the worlds persecution. Based on this, Laruelle develops a new ethical role for the intellectual in which he does not merely represent the victim, but imitates or clones it, thereby assisting the victims uprising within thought. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Suffering, Victims, and Poetic Inspiration Raymund Schwager University ofInnsbruck Poetic inspiration has something to do with the divine. The Greek tragedies are classic examples of that. The poets regarded themselves as inspired by the divine Muses, and in their works the gods are quite naturally present in the lives of human beings. Sometimes the gods treat them in a friendly way, sometimes they spur on conflicts or even inspire (...) human beings to take revenge upon one another. At the end of some tragedies the gods appear as a deus ex machina who brings everything to resolution, or at least pretends to do so. Nevertheless, it is not these various gods, but rather human beings themselves, suffering human beings more precisely, who are at the center of this dramatic event inspired by the divine Muses. Human beings suffer because they come into conflict with each other and fall victim to the vengeful and violent acts of others. In the Greek tragedies human beings do not act in a calm and sensible way. Rather, they are in bondage to their passions, and through these passions the gods speak to them. While performing a sacrifice of purification and thanksgiving, Heracles flies into a rage inspired by several of the goddesses and slaughters his own children. In a Dionysian frenzy Agaue and her companions tear apart her own son. Orestes, believing himself to be obeying a command of Apollo, kills his mother, who had committed adultery and murdered her own husband. And above all, the great, genocidal war of Troy did not so much originate in the longing of Paris for Helen, as in a dispute between the gods. In every respect human beings seem to be more the victims of the gods than themselves wicked persons who commit evil deeds—and they are above all the ones who suffer the most. Helen, the "cause" of the massive slaughter of the Trojan war, is exclusively depicted by Euripides in the role of one who suffers greatly, indeed even beyond the bounds ofhuman endurance. Even Medea, who goes so far as to kill her own children, is not 64Raymund Schwager depicted by the same poet as a moral monster, but as a woman overwhelmed by boundless grief. The gods thus appear in a somewhat murky light: they are indispensable to the poets' purpose yet at the same time severely criticized. For Euripides they are often much worse than human beings. In his Heracles, he goes so far in his irony as to depict the goddess of vengeance herself criticizing Hera, who makes Heracles suffer in order to quench her thirst for revenge which was caused by the unfaithfulness of her husband Zeus. Euripides considers all these stories of gods to be humanly-contrived fables. Nevertheless, he also believes that there can be no drama without the gods. How could the mysterious depths of human passions be understood without the gods? If the poet had no one to indict except other human beings, his works would quickly become nothing but tepid moral tracts. The gods are indispensable and yet they must be criticized: the poetic inspiration in the Greek tragedies thrives on ambiguity. Suffering humanity is confronted with an incomprehensible fate which only the poet's ambiguous parables and images are able to depict. The great suffering figures in the tragedies of Euripides find their echo in another tradition's suffering figure, whose fate is also depicted in poetic words. A suffering figure who also both listens to and argues with his God: Job. A misfortune has befallen Job, which he simply cannot understand. And while even his alleged friends torment him, he suffers even more from his God. Job feels persecuted by God, tormented and driven to despair. Job would like to argue with God and even take him to court. But he cannot do so. He experiences God as an invisible enemy who is present everywhere. Nevertheless, he turns to this same God in his deepest distress and is confident of finding a savior in him. The God of Job is contradictory: this is a God on whom Job can rely but with whom he must also struggle. However, it is just this contradiction... (shrink)

Diana Meyers argues that breaking the silence of victims and attending to their stories are necessary steps towards realizing human rights. Yet using highly personal victims' stories to promote human rights raises significant moral concerns, hence Meyers suggests that before victims' stories can be accessed and used, it is morally imperative that requirements of informed consent and non-retraumatization are secured. This article argues that while Meyers' proviso is important, and necessary, it may not be sufficient. First, one potential problem with (...) seeking to secure “informed consent” is that one has to ask for the consent, and in the act of asking one is potentially retraumatizing the victim. Secondly, the assumption that victims have ownership right over their stories, which is a key premise in Meyers's argument, is much more problematic than may appear. (shrink)

The key focus in ethics should be on victims. Victims are those that suffer from unnecessary and preventable pain and misery. Non-human animals can also suffer and should therefore be included in the moral circle. Ethical living is striving to avoid harm to others and striving to help alleviate or prevent suffering. Being good isn't easy.Export citation.

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)

The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases Review (...) Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

Switzerland is internationally known for its progressive animal laws and for its innovative tools in law enforcement. In 1992, the Canton of Zurich introduced a public lawyer vested with the task of representing animals’ interests in criminal procedure, known as the Animal Protection Lawyer. The APL had the power to access information about court proceedings, study pending court cases, and intervene on behalf of victim animals. This enforcement tool set a precedent across the world. It amounted to a recognition (...) of animals as de facto victims and created an “equality of arms” for human and animal parties in criminal procedure. In a historic move in 2014, the Zurich parliament removed the APL from office—by mistake, as some maintain. Meanwhile—unnoticed by many—the Canton of Berne maintained a state agency vested with the very same powers as those the APL had, called the Dachverband Berner Tierschutzorganisationen. Though the DBT operated as an established agency for over 2 decades, in August 2017, a criminal court in Berne denied the DBT standing, arguing that the laws conferring on it the right to represent animals violate the federal law on criminal procedure. In July 2018, the Supreme Court delivered its judgment, and effectively stripped the DBT of its rights to represent animals in criminal proceedings. This article describes these recent shifts in criminal animal law in detail and analyzes the sociopolitical factors that gave rise to them. Special attention is paid to the question of what is left for Switzerland as a role model in animal law given ongoing deregulations, particularly as recent cases in the United States point to an incremental emancipation of animals as victims. The article discusses current alternatives to the APL and the DBT and puts their promises under scrutiny. The analysis reveals that these alternatives skirt the main obstacles faced by animals in criminal procedure and threaten the democratic will of the Swiss people. Two alternatives are discussed that can help Switzerland overcome its insufficiencies: the organizational right to appeal and victim rights for animals in criminal procedure. Using these alternatives, the article calls for the global emancipation of animals as the proper victims of crimes and for furnishing them with correlating rights to enforcement, including rights to representation. (shrink)

Dehumanisation is a puzzling phenomenon. Nazi propaganda likened the Jews to rats, but also portrayed them as ‘poisoners of culture’. In the Soviet Union, the Stalinist regime called opponents vermin, yet put them on show trials. During the Rwandan genocide, the Hutus identified the Tutsis with cockroaches, but nonetheless raped Tutsi women. These examples reveal tensions in the way in which dehumanisers perceive, portray and treat victims. Dehumanisation seems to require that perpetrators both deny and acknowledge the humanity of (...) their victims in certain ways. Several scholars have proposed solutions to this so-called ‘paradox of dehumanisation’ that question the usefulness of dehumanisation as a concept to explain genocidal violence, claim that dehumanisation is characterised by an unstable belief in the non-human essence of the dehumanised, or contend that dehumanisation revolves around a denial of metaphysical human status. The main aim of this article is to present a novel framework for theorising dehumanisation that offers a more straightforward solution to this paradox based on the idea that perpetrators deny their victims’ human standing in a moral sense without necessarily negating their biological human status or human subjectivity. The article illustrates this framework through examples drawn from Primo Levi’s memoirs of Auschwitz. (shrink)

Exhumations aim to restore victims’ dignity because they constitute a step towards their individualisation and recognition as members not only of a particular family but of the human family. This article aims to contribute to the critical assessment of how the notion of human dignity and dignification are used in the context of mechanisms of transitional justice, such as exhumations. It focuses on the Colombian case from an interdisciplinary perspective based on socio-legal studies. The research is based on participant observation, (...) interviews, and thematic analysis of the uses of the term dignity and dignification in the texts of the laws and protocols for the exhumations of victims of the armed conflict in Colombia. It explores two dimensions of dignification, which in turn contributes to the understanding of the complex relationship between victims, the state, and institutions of transitional justice. (shrink)

The paper examines three aspects of the debate over the introduction of victim impact statements (VIS) in criminal cases. The first is the challenge VIS presents to the wholly public conception of criminal justice, in which the offender is prosecuted, tried and punished in the name of the state and not the individual victim. The second is the claim by supporters of VIS that the enhancement of victim input contributes to repairing an imbalance between offender and (...) class='Hi'>victim, created by the crime itself and exacerbated by existing criminal justice processes. The third is the claim that victim impact evidence is necessary to ensure that punishment is properly calibrated to the blameworthiness of the offender. In respect of each question, a key role is played in supporting VIS by two presuppositions: that criminal justice should be thought of as a field of conflict among individuals seeking their due, and that the courts suffer an institutional deficiency of human understanding that requires a special remedy. The paper argues that the case for VIS is seriously weakened if these presuppositions are not accepted, and draws attention to their derivation from a wider political culture characterised by the dominance of neo-liberalism or market individualism. (shrink)

In this keynote speech to the American Society for Bioethics and Humanities in October, 1999, Hilfiker suggests that the underlying goal of teaching ethics should be to develop in those who care for others an empathy with the outsider. Unless care givers cannot see the world from the victim's point of view, they will have a difficult time developing an ethical framework in which to work. In this paper, Hilfiker tells the story of how he came to find the (...) victim's point of view through his own experiences as a physician and through the work of Dorothee Sölle, René Girard, and John Rawls. (shrink)

Lors des mobilisations associatives et des débats parlementaires en France, la victime de la traite apparaît sous une forme idéale : jeune femme, étrangère, naïve, innocente et vulnérable, elle nécessite protection au nom de la défense des droits de l’homme. Cette victime idéale devient suspecte dès que son statut légal ou son activité sont appréhendés. L’idéalité de la victime est dissoute dans les priorités nationales qui conduisent à se protéger des « indésirables ». La tension entre les priorités du national (...) et les principes universels produit une victime impossible, caractérisée par son absence. L’objet de cet article est d’analyser la production sociale de l’absence de la victime de la traite. La dernière partie de la présente contribution s’attache ainsi à montrer qu’au-delà d’une tension entre l’universel et le national, l’absence de la victime est aussi le résultat d’une relation sociale et des contraintes dans lesquelles sont pris les acteurs dans l’exercice de leur activité.During the mobilization by associations and the debates in the French parliament about the status of victims of trafficking in human beings, an ideal victim was presented. As a young woman – a naive, innocent, vulnerable foreigner – she needs to be protected in the name of human rights. However this victim becomes a suspect once attention shifts to her legal status or economic activity, and the ideal vanishes behind national priorities for protecting the country from « undesirables ». The tension between these priorities and universal principles produces an « impossible » victim, characterized by its absence. How has this absence of the « victim » of human trafficking been socially produced? Besides the foregoing tension, it also results from a social relation and from restrictions on the activities of the police, judges and associations. (shrink)

The aim of this article is to discuss the role that victim groups and organizations may have in framing and supporting an accountability agenda, as well as their potential for endorsing a distributive justice agenda. The article explores two empirical cases where victims' rights have been introduced and applied by victim organizations to promote accountability—Colombia and Peru. It will be argued that if transitional justice in general and victim reparations in particular are to embark in a quest (...) for distributive justice, it cannot do so without considering victims as political actors, and putting forward demands in terms of victims’ rights. (shrink)