This essay begins with a Berlin memorial to the victims of National Socialist “euthanasia” killings first unveiled in 2014. The open-air structure was the fourth such major public memorial in the German capital, having followed earlier memorials already established for Jewish victims of Nazi atrocity in 2005, German victims of homosexual persecution in 2008, and Sinti and Roma victims in 2012. Planning for the systematic persecution and extermination of at least 300,000 infants, adolescents, and adults deemed “life unworthy of life” (...) long preceded and extended beyond the 12-year Nazi period of massacre linked to other victim groups. Yet those constructing collective memory projects in Berlin appear to consider these particular victims as an afterthought, secondary to the other groups. Rather than address the commemorations themselves, this essay addresses the sequence in which they have appeared in order to demonstrate a pattern of first-victimized/last-recognized. I argue that the massacre of Jews, Roma, homosexuals, and others had to come into legal jurisprudence, scholarship, and public memory projects first before the murdered disabled body and its related memorialization could be legitimized as a category of violence important in and of itself. I argue further that the delay is rooted in a shared trans-Atlantic history that has failed to interrogate disability in terms of the social and cultural values that categorize and stigmatize it. Instead, the disabled body has been seen as both a physical embodiment of incapacity and a monolith that defies historicization. An examination of the broader foundation behind delayed study and representation that recognizes the intersection of racism and ableism allows us to reconfigure our analysis of violence and provides fertile ground from which to make connections to contemporary iterations still playing out in the present. (shrink)

Major depressive disorder is one of the most common serious illnesses worldwide; the disease is also among those with the lowest rates of treatment. Barriers to access to care, both practical and psychological, contribute significantly to these low treatment rates. Among such barriers are regulations in many nations that require a physician’s prescription for most pharmacological treatments including selective serotonin reuptake inhibitors (SSRIs). These rules are designed to protect patients. However, such regulations involve a tradeoff between the welfare of “visible” (...) victims, who might suffer negative consequences from a lack of regulation, and the well-being of invisible “victims,” who likely experience negative consequences that result from increased barriers to care. This article explores these tradeoffs and argues in favor of shifting SSRIs from prescription-only to over-the-counter status. (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)

In this paper, I consider the question of whether crime victims can be said to have a moral right to see their victimizers punished that could explain why they often feel wronged or cheated when the state fails to punish offenders. In the first part, I explain what I mean by a “right to punishment” and what it is for such a right to “explain” the frustrated crime victim’s reaction. In the second part, I distinguish such a right from a (...) Lockean-style right to punish, which is also shown incapable of providing the needed explanation. In the third part I argue that it is difficult to identify any benefit such that the right to punishment could plausibly be understood as a right to that benefit. I discuss two main candidates here: the vaguely Hegelian idea that punishment is itself some sort of restitution for the wrong done to the victim; and the idea, due to Victor Tadros, that punishment is a form of compensation for wrongdoing by contributing indirectly to protecting victims from future harm. In the final section, I suggest instead that the frustrated crime victim’s reaction, when justified, is best explained, not by the violation of any right to punishment, but rather by the state’s failure to treat the victim as an equal. (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)

Although workplace bullying is common and has universally harmful effects on employees’ outcomes, little is known about workplace bullies. To address this gap in knowledge, we draw from the tenets of social exchange and displaced aggression theories in order to develop and test a model of workplace bullying that incorporates the effects of employees’ individual differences, perceptions of their work environments, and perceptions of supervisory treatment on their tendencies to bully coworkers. The results of mediated moderation analyses that examine responses (...) from two samples of working adults support our hypotheses. Specifically, we find evidence of an indirect relationship between entitlement and coworker bullying through perceptions of abusive supervision that is stronger for employees who report lower levels of felt accountability than employees who report higher levels of felt accountability. This study makes important theoretical and practical contributions to abusive supervision research, bullying research, and organizational efforts to promote ethical work environments devoid of interpersonal mistreatment by providing novel insight into how employees’ entitlement and felt accountability combine to influence their tendencies to perceive themselves as victims of abusive supervision and culprits of coworker bullying. (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)

This study explores the dark side of leadership, treats creative self-efficacy as a mediator, and frames supervisor bullying and employee creativity in the context of social cognition and social comparison. We theorize that with a high social comparison orientation, the combination of high supervisory abuse toward themselves (own abusive supervision) and low supervisory abuse toward other team members (peer abusive supervision) leads to a double whammy effect: When employees are “singled out” for abuse, these victims suffer from not only low (...) creative self-efficacy due to supervisory abuse but also low supervisory creativity ratings. Results based on our two-wave data collected from multiple sources—253 employees and their 77 immediate supervisors—support our theory. The significant three-way interaction effect reveals that when social comparison orientation is high and peer abusive supervision is low (Time 1), own abusive supervision (Time 1) creates the strongest negative impact on creative self-efficacy (Time 2), which is significantly related to supervisory low creativity rating (Time 2). Our discoveries of egregious bullying offer provocative theoretical, empirical, and practical implications to the fields of leadership, abusive supervision, creativity, and business ethics. (shrink)

Victims of oppression often disagree amongst themselves on how best to respond to their oppression. Often, these disagreements are cast as disagreements about what strategies of resistance would be most effective. In this article, I argue that victims have a wider repertoire of responses to their oppression which reflect the different underlying reasons they have to respond. I outline three distinct reasons for action—self-respect, assistance, and justice—and the respective responses to oppression—rejection, assistance, and resistance—that these reasons call for. I then (...) provide some general comments on how these distinct reasons and responses relate to one another. Appreciating a wider repertoire of reasons and responses can illuminate the nature of disagreement amongst victims, points to the unavoidability of conflict, and provides for a more nuanced understanding of resistance and its alternatives—an understanding that can aid in better responding to injustice. (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)

Abstract:Should the responsibilities of business managers be understood independently of the social circumstances and “market forces” that surround them, or (in accord with empiricism and the social sciences) are agents and their choices shaped by their circumstances, free only insofar as they act in accordance with antecedently established dispositions, their “character”? Virtue ethics, of which I consider myself a proponent, shares with empiricism this emphasis on character as well as an affinity with the social sciences. But recent criticisms of both (...) empiricist and virtue ethical accounts of character deny even this apparent compromise between agency and environment. Here is an account of character that emphasizes dynamic interaction both in the formation and in the interplay between personal agency and responsibility on the one hand and social pressures and the environment on the other. (shrink)

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to sex work (...) enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (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.

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 right of a person, who is a victim of a criminal act, to access justice (court) according to the criminal legal order, is analyzed in this article. The right to appeal to a court is analyzed as a constituent part of the principle of accessibility to legal defence. Pre-eminently, the general constitutional fundamentals of the right towards legal defence are estimated. The provisions of the jurisprudence of the Constitutional Court of Lithuania, i.e. that the right towards legal defence of (...) the infringed rights is absolute, is analyzed while taking into consideration the attitude formed by the international courts, i.e. that the right to justice is not an absolute and can only be restricted by being ruled by the principle of proportionality and the other legal principles. (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)

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)

Barton’s view in Getting Even: Revenge as a Form of Justice (Open Court Chicago, 19991 is that revenge -- in the form of victim participation in trial. sentencing, and punishment -- should have a large place in criminal justice. I argue that what he suggests in the way of reform has no essential relation with criminal justice.

It’s hardly news that settler culture normalizes ecocide. Those of us raised as settlers who are nevertheless ecoconscious routinely blame ourselves for our failure to live up to our own best expectations when it comes to challenging the norms and practices of our culture. This leads us to overlook that we’re also—and, I think, much more so—among its victims. I outline five manifestations of victimhood routinely exhibited by the ecoconscious settler activists, scholars, and students with whom I interact. I then (...) consider how we can transition from being victims to survivors of our culture, which is vital for ending ecocide. These two concepts, victimhood and survivorship, are regularly juxtaposed when discussing recovery for those subject to abuse, violence, and other trauma-inducing phenomena. Together they provide the basis for a clearer understanding of how we ecoconscious settlers should engage in the ongoing fight for our lives and our futures. (shrink)

Information of high evidentiary quality plays a crucial role in forensic investigations. Research shows that information provided by witnesses and victims often provide major leads to an inquiry. As such, statements should be obtained in the shortest possible time following an incident. However, this is not achieved in many incidents due to demands on resources. This intersectional study examined the effectiveness of a chatbot (the AICI), that uses artificial intelligence (AI) and a cognitive interview (CI) to help record statements following (...) an incident. After viewing a sexual harassment video, the present study tested recall accuracy in participants using AICI compared to other tools (i.e., Free Recall, CI Questionnaire, and CI Basic Chatbot). Measuring correct items (including descriptive items) and incorrect items (errors and confabulations), it was found that the AI CI elicited more accurate information than the other tools. The implications on society include AI CI provides an alternative means of effectively and efficiently recording high-quality evidential statements from victims and witnesses. (shrink)

David Boonin has recently argued that although no existing theory of legal punishment provides adequate moral justification for the practice of punishing criminal wrongdoing, compulsory victim restitution (CVR) is a morally justified response to such wrongdoing. Here I argue that Boonin’s thesis is false because CVR is a form of punishment. I first support this claim with an argument that Boonin’s denial that CVR is a form of punishment requires a groundless distinction between a state’s response to a criminal offense (...) and its response to an offender’s failure to comply with the sanctions imposed for that offense. I then suggest that this argument points to a definition of punishment that not only meets Boonin’s own desiderata for a definition of punishment but also implies that CVR is a form of punishment. Finally, I argue that CVR is a form of punishment even under Boonin’s own proposed definition of punishment. -/- . (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)

It is a well-established fact that most new, non-traditional religious groups are treated negatively in the mass media. However, Falun Gong, the qi gong group that was banned in China in 1999, is a marked exception to this general tendency. Why should this be the case? In the present paper, we examine the various factors that combine to make Falun Gong the exception to the rule. We also call attention to this organization’s pattern of attacking critics, as well as their (...) pattern of attacking anyone who offers an interpretation of events that is at odds with Falun Gong’s interpretation. However, this heavy-handed tactic has the potential to backfire, and to prompt the media to reperceive them as a bully rather than as an innocent victim. (shrink)

Scholars have recently suggested the desirability of moving the migrant female subject to the center of the analysis of sex trafficking and other forms of women’s cross-border migration. At first glance, this seems to be a progressive move forward in empowering women and protecting their human rights, especially those who have been trafficked for the sex trade or have otherwise migrated for work in the sex industry. However, putting the victim of trafficking into the center of trafficking analysis also creates (...) new problems, especially for the formulation and implementation of law and public policy. In this paper, I will first discuss some of the factors that favor putting the female migrant subject at the center of anti-trafficking, such as recognition and respect for the autonomy of the person that is at the center of trafficking. I will then discuss some of the problems that such a reconfiguration would entail. (shrink)

This work proposes research on a still unexplored psychical world: thoughts, emotions, and real events experienced by racket victims of the three largest criminal organizations of the South of Italy: Mafia, Camorra, and ‘Ndrangheta. The purpose is to understand the multifaceted psycho-anthropological and social issues criminal organizations have settled on, and particularly which psycho-relational dynamics and sociocultural codes come into play in the complex and controversial relationship between victim and criminal system, between victim and support systems. With entrepreneurs and tradesmen (...) victims of organized crime, we have analyzed lived experiences—in particular fear—and psychological problems they had to cope with; events and motivations that allowed them “breaking” the silence and asking for help; the representation of a support network before and after their possible pressing charges; the kind of help offered by support systems. Dignity and self-respect, the fight for one's own freedom and honor,.. (shrink)

Forgiveness seeking after a relational transgression is an important aspect of relational repair from an interpersonal perspective, although it has received much less attention than the process of granting forgiveness. This research focuses on the victim's perspective of the transgressor's behaviors and how they are related to forgiveness and offense characteristics. This paper proposes a multidimensional concept of seeking forgiveness that includes four dimensions: apologies, restorative action, relational caring behaviors, and diverting behaviors. A questionnaire for assessing these dimensions was developed (...) and tested with a general population sample of 450 subjects. Participants recalled a specific offense and then answered a questionnaire about the perceived usefulness of different forgiveness-seeking behaviors, a forgiveness inventory, and several questions regarding the characteristics of the offense. Our results support the four-factor structure of the questionnaire. As the perceived intentionality of the offense increases, behaviors that are directly related to the transgression, such as apologies and restorative actions, are experienced as less useful for forgiveness. The more hurtful the offense, the less useful the diverting behaviors are. Behavior such as apologies and restorative action are related to a lower motivation for revenge, while all forgiveness-seeking behaviors are related to an increase in feelings of benevolence toward the offender. (shrink)

Although considerable attention has been devoted to the concepts of “visible” and “invisible” victims in general medical practice, especially in relation to resource allocation, far less consideration has been devoted to these concepts in behavioral health. Distinctive features of mental health care in the United States help explain this gap. This essay explores three specific ways in which the American mental health care system protects potentially “visible” individuals at the expense of “invisible victims” and otherwise fails to meet the needs (...) of great numbers of people with serious psychiatric conditions: prioritization of the wrong patients, incentivization of excessive caution among providers, and a narrow definition of psychiatry's purview. While each of these practices has been discussed elsewhere in the literature, they are rarely considered as part of an interrelated and systemic problem. Reconceptualizing these three issues as aspects of the larger conflict between the interests of “visible” and “invisible” victims may prove a path toward reform. (shrink)

It has been argued that killing persons is wrong because it deprives them of future experiences. Some opponents of abortion argue that the same apples to potential persons—fetuses, zygotes, embryos, etc.—so that to destroy them is as wrong as killing a person. Phil Gosselin rejects this position, employing the reductio argument that if it were so, contraception would be equally wrong, since it destroys potential persons that are gamete pairs. I argue in this paper that Gosselin’s position on the ontological (...) status of the “victim” of contraception, the gamete pair, is flawed in such a way that his conclusion that there is no morally relevant difference between what is destroyed by abortion and what is destroyed by contraception fails. A gamete pair is ontologically different from a fetus; “victims” of contraception and victims of abortion are not significantly analogous, and the reductio that depends upon their similarity for its force is unsuccessful. (shrink)

With the growing prominence of restorative justice interventions, criminal justice is being reconceptualized in terms of a new paradigm of justice. The central concept of this new paradigm is victim-offender empowerment. The paper articulates the meaning and application of this idea in restorative justice philosophy and practice.

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.

This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ sense (and (...) with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial. (shrink)

This chapter contains sections titled: Being Fashionable Tryhards and Fashion Victims Effortless Cool Self‐effacing Goals.

Sexual exploitation of children is a worldwide problem and Bangladesh is not immune from it. Children are being exploited sexually in various ways in Bangladesh and this trend is alarmingly increasing. The study is an attempt to analyze the nature and types of child exploitation as a victim in different contexts, such as housemaid, paedophilianism, child marriage and so on. It also tries to reveal the causes and consequences of the sexual exploitation of the child in Bangladesh. The data and (...) information for the study have been collected from field investigation and personal observation. The paper ends with some recommendations to redress the problem. (shrink)

This article examines the St. James Infirmary, a nonprofit occupational health and safety clinic for sex workers in San Francisco, to consider how particular organizational spaces and practices may challenge gender ideologies in the United States—in this case, of women sex workers as “victim-criminals.” Drawing empirically from multimethod qualitative research and theoretically from feminist institutionalism, I indicate how the SJI’s broader institutional context has produced a victim-criminal ideology of women in prostitution. Next, I consider the SJI’s organizational emergence and operations (...) to argue that, by deploying particular spatial-discursive practices and operational procedures, nonprofits with legacies of activism may draw from these to challenge dominant gender ideologies, even as they work alongside the broader institutional structures that promote them. Although single case studies like the SJI cannot establish broad theoretical generalizations and propositions, I use it to build knowledge and highlight important lessons about nonprofits, gender, and institutional change. (shrink)

In 2010, Connecticut implemented an offence prohibiting minors from engaging in sexting. This legislation was part of a range of reforms across the United States aiming to better tailor the criminal law’s response to youth sexting by distinguishing sexting from child abuse material. Drawing from submissions to the Connecticut General Assembly’s Sexting Bill, media reports and recent ‘sexting’ cases, this article adopts a feminist perspective and examines the justifications for and implications of this sexting statute. It argues that while aiming (...) to create a distinction between child abuse material and sexting through a ‘lesser’ offence, these paternalistic reforms are informed by some of the same logics shaping child pornography/child abuse material law. Therefore, this statute is situated on a continuum of paternalistic legislation which utilises the constitutive expressive function of the criminal law to register anxieties about young people’s sexual and technological practices. As a result, this statute conflates victims and perpetrators of image based sexual abuses and fails to meet its deterrent and protective aims. (shrink)

This essay renews a discussion of how historians do, and should, represent atrocity. It argues that the problems of representing extreme violence remain under-conceptualized; in this context it discusses the strengths and weaknesses of minimalism, a style prevalent both in historiography and in an intellectual culture that values understatement in approaches to violence. The essay traces the general cultural preference for minimalist narratives of suffering, which, it claims, is driven by the widespread conviction that experimental and exuberant narratives convert victims' (...) suffering into kitsch. It then focuses on two works, by Saul Friedlander and by Jan Gross, on the history of Jewish victims during and after the Second World War in order to assess how each uses sophisticated minimalist understatement to represent suffering, but with radically different effects. Finally, it asks historians to reflect upon the representation of extreme events by focusing on narrative style, on questions of ethics, and on the cultural narratives within which their own work on suffering and violence is inevitably embedded-especially given that historians are paying increasing attention to violent events that generate tremendous difficulties in relation to the representation both of victims and perpetrators. (shrink)

Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been some controversy regarding rape prosecution in the Islamic legal system. The reason for this controversy is that the rape victim would usually be either charged with zina because of her confession, or committing qadhf, (...) as a result of her failure to provide four male eyewitnesses. This paper aims at investigating the fundamental legal rights of rape victims who complain of being raped, to be defended fairly, and to get exemption from punishment as provided in Islamic law. This paper also seeks to investigate the admissibility of the individual testimony of the victim against the rapist. This paper suggests that proving rape is not similar to proving zina, because a rape victim who lodges a report or complains of her ordeal of being raped should not be treated the same as a person who confesses to zina. Proving rape is also different from accusing the rapist with committing zina. This study will explore opinions and arguments of classical Muslim scholars of Islamic jurisprudence from various schools of thought. (shrink)

At the end of 2017, Kristen Roupenian’s short story, Cat Person, went viral. Published at the height of the #MeToo movement, it depicted a ‘toxic date’ and a disturbing sexual encounter between Margot, a college student, and Robert, an older man she meets at work. The story was widely viewed as a relatable denunciation of women’s powerlessness and routine victimization. In this paper, I push against this common reading. I propose an alternative feminist interpretation through the lens of Simone (...) de Beauvoir’s notion of narcissism: a form of alienation that consists in making oneself both the subject and the ultimate project of one’s life. Framing Margot as a narcissist casts her as engaging, not in subtly coerced, undesired sex, but rather in sex that is desired in a tragically alienated way. I argue that Beauvoir’s notion of narcissism is an important tool for feminists today – well beyond the interpretation of Cat Person. It presses us to see systematic subordination not just as something done to women, but also as something women do to themselves. This in turn highlights the neglected role of self-transformation as a key aspect of feminist political resistance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Victims in VogueElizabeth Bailie (bio)Donning white robes of slender flesh,They saunter the catwalk,Like a Treblinka corridorBrazen in their stolen innocence.Modeling Giacommetti's latest line,These coquettes of contagionKneel self-scourgedBefore their own shrines.Public penitents,Slim tokens of transfiguration,They withdraw, unforgiven,In ceremonial hunger.Elizabeth Bailie Elizabeth Bailie is a poet, writer, and lay contemplative who lives in the hills of central Massachusetts just up the road from St. Joseph's Trappist Monastery, her spiritual home.Copyright © (...) 2006 Michigan State University Press... (shrink)

This article reflects on the borders between sense and non-sense in order to think about the meaning of a particular kind of non-sense: traumatic violence. What does it mean for a victim of traumatic violence to make sense of it? Bringing together the discourses of phenomenology and trauma theory this article demonstrates the way in which traumatic violence, as a limit case of the phenomenal, can be brought into meaning without being reduced to an object of knowledge.

Gender scholars have argued that legal reforms against violence position women as victims in need of state help. Using data collected from 22 months of participant observation with survivors of domestic violence in India, I urge academics to re-theorize the relationship between legal reforms and women’s citizenship during an era of neoliberal governance. Burdened with administrative tasks, Indian law enforcement personnel manage new rights claims by displacing regulatory duties onto survivors and caseworkers. Women who have access to women’s organizations are (...) able to take advantage of these changes and “save” themselves and other women from violence. This article shows how neoliberal governmentality, when combined with women’s organizing, has the potential to restructure women’s relationship to the state. (shrink)

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)

In her recent book _A Duty to Resist_ (2018), Candice Delmas contends that both beneficiaries and victims of injustices have a duty to resist unjust laws and to try to change them, and proposes several ways of grounding this duty. One of these proposed groundings appeals to considerations of fairness. Delmas holds that anyone who refuses to participate in resisting some injustice, including victims of that injustice, can be accused of free-riding and thus of unfair conduct that violates the duty (...) of fair play, which means that they have a fairness-based duty to resist. In this paper, I critique this attempt to ascribe a duty to resist grounded in considerations of fairness specifically to victims of injustice. Against Delmas, I argue that victims of injustice do not have this fairness-based duty to resist because, unlike the beneficiaries of an injustice, they cannot be considered free-riders when they do not participate in resistance to the injustice. I then discuss additional problematic implications of Delmas’s view, focusing on the issue of victim-blaming, and show how these problems can be avoided. In this way, I hope to contribute to the urgent project of determining who has a duty to resist injustice. (shrink)

This article explores the arguments for and against victims’ mitigating opinions on sentence. It describes a recent South African appeal case, compares it with a similar New Zealand appeal court judgment, and then investigates the legal position in England and Wales. It appears that, as a general rule, victims’ recommendations as to penalty must be avoided. However, unlike in South Africa and New Zealand, the jurisprudence in England and Wales has developed exceptions in this regard when certain categories of victims (...) request a more lenient sentence. Several cases from England and Wales reveal that, through considering the harms and needs of victims and ameliorating the sentences accordingly, a restorative justice approach is blended with a just deserts requirement for the protection of lower limits in sentencing. This ensures that the principles of proportionality, certainty and consistency are still adhered to. It is concluded that, had the South African court properly considered these comparative legal developments, it would, at the very least, have created a better precedent by providing guidelines to inform the complex, but important, process of considering victims mitigating opinions in the sentencing process. (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)

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)

This study assesses the relationships among unethical corporate values, bullying experiences, psychopathy, and selling professionals’ ethical evaluations of bullying. Information was collected from national/regional samples of selling professionals. Results indicated that unethical values, bullying, and psychopathy were positively interrelated. Psychopathy and unethical values were negatively associated with moral intensity, while moral intensity was positively related to ethical issue importance. Psychopathy and unethical values were negatively related to issue importance, and issue importance and moral intensity were positively related to ethical judgment. (...) Finally, ethical judgment and moral intensity were positively linked to ethical intention; psychopathy was negatively associated with ethical intention. (shrink)