Suchergebnisse

This article considers how international criminal courts produce knowledge about women's experiences of large-scale violence. In 2001, the International Criminal Tribunal for Yugoslavia concluded that the crime of genocide had been committed in Srebrenica in 1995 and that the patriarchal nature of the Bosnian Muslim community was key to the genocide. This paper examines the processes by which the trial and appeal chambers came to know, and author an account of this community as patriarchal. I examine the transcripts of three witnesses who testified about the surviving community of Bosnian Muslim women, tracing how evidence was shaped and reshaped in the courtroom and then in the trial and appeal judgments. I argue here for the importance of exploring the mediating practices and actors that produce legal knowledge, to better understand how complex recognition of gendered harm unfolds, and is sometimes curtailed, through international criminal adjudication.

After producing a historical account of social theory's engagement with responsibility, the implications of creating such a history for the notion of responsibility are studied. An overview of the analytic & interpretative traditions of theorizing responsibility is presented, emphasizing the extent to which both theoretical traditions have been historicized. The development of concepts of responsibility in English criminal law & processes since the mid-18th century is reviewed, directing attention toward illustrating the connection between the concept of the responsible subject & various aspects of social practice. The issue of whether historical English criminal legal & procedural notions of responsibility have contributed to the establishment of a normative conceptualization of responsibility in contemporary criminal practices is then addressed. Whereas mid-18th-century notions of responsibility were primarily concerned with questions of character, it is argued that current concepts of criminal responsibility are based on people's ability to understand & control their conduct. The effects of changes in the relations between states & individuals, development of social & psychological sciences, & the concern with gender on responsibility's transformation are also studied. J. W. Parker

The use of criminal sanctions to punish or deter violations of environmental law is debated. Arguments favoring the criminalization of such laws point to their deterrent capacity & reflect the desire of some to exact moral retribution on offenders. Arguments against penalties & punishments focus on potential for overkill, procedural complexity, & high implementation costs. In weighing these arguments, a balance must be struck in evaluating the legal & organizational advantages/disadvantages against alternative measures for gaining compliance. These include publicizing the polluter's activities, economic incentives, civil sanction, equity fines, the pass-through fine, educational strategies, internal restructuring, cooperative lawmaking, external investigations, & community service orders. Adapted from the source document.