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)

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)

ObjectivePeer victimization is a substantial early life stressor linked to psychiatric symptoms and poor academic performance. However, the sex-specific cognitive or behavioral outcomes of bullying have not been well-described in preadolescent children.MethodsUsing the baseline dataset of the Adolescent Brain Cognitive Development Study 2.0.1 data repository, we evaluated associations between parent-reported bullying victimization, suicidality, and non-suicidal self-injury, as well as internalizing and externalizing behavioral problems, cognition, and academic performance.ResultsOf the 11,015 9-10-year-old children included in the analyses, 15.3% experienced bullying victimization, as (...) reported by the primary caregiver. Of these, boys were more likely to be bullied than girls. Children who were bullied were more likely to display NSSI or passive suicidality and active suicidality. Bullied children also had lower cognitive scores, greater behavioral problems, and poorer grades. Across all participants, boys had poorer grades and greater behavioral problems than girls; however, bullied boys had greater behavioral problems than girls in several areas. Compared to their non-bullied peers, bullied children with greater non-suicidal self-injury or suicidality also had greater behavioral problems and poorer grades.ConclusionThese findings highlight the sex-specific effects of bullying, and the negative associations of bullying victimization with cognitive performance, behavioral problems, and academic performance. Future longitudinal studies will identify the natural history and neural correlates of these deficits during adolescence. (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)

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)

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.

Common law treats cases of misfire in which the actor has a valid defence in relation to either the intended victim or the victim actually harmed as particular instances of ‘transferred malice’. It is said that just as the actor’s intention is fictitiously ‘transferred’ from the intended victim to the victim harmed so are defences, meaning that any—and only—defences that would have been available to the actor had he harmed the intended victim will be granted (...) to him with regard to the harm caused to the actual victim. I argue that the blanket solution of transferring defences ‘as is’, without accounting for their differing rationales and their specific implications for cases of misfire, produces bad reasoning and oversimplified decisions—and should therefore be substituted by a separate examination of the actor’s liability with respect to each victim and each type of defence. However, I reject the more robust argument that commentators have made, that a conclusion against transferring defences entails a conclusion against transferred malice in general. I argue that the underlying logic of transferred malice—i.e., treating victims of equivalent wrongs alike—stays intact even if we excise from it the treatment of cross-victim defences. (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)

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)

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)

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)

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)

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)

Abundant evidence has proved an association between peer victimization and problematic online game use. However, the underlying mechanisms of this relation are still under-investigated. Grounded in the ecological system theory, this study examined whether deviant peer affiliation and school connectedness mediated the association between peer victimization and adolescent POGU. A sample of 698 Chinese adolescents completed questionnaires regarding peer victimization, problematic online game use, DPA, and school connectedness, of which 51.58% were boys. Path analyses indicated that peer victimization was positively (...) associated with problematic online game use, and this link could be mediated by deviant peer affiliation and school connectedness. The findings identify the potential underlying mechanism by which peer victimization is associated with adolescent problematic online game use, which has important implications for theory and prevention. (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)

As we have seen in the cases of Serbia and Israel, collectives can be mobilised to perpetrate grave wrongs on the basis of patently ideological claims about the harms they have suffered. This article seeks a theoretical understanding of this troubling phenomenon. It does so, first, by contrasting mobilisation based on vicarious victimhood with revenge. The groups in question do not exhibit the contact with reality and clear sense of agency that are prerequisites for revenge. However, these evasions of agency (...) and reality are not specific to group identities centred on victimhood. Second, therefore, the article considers the attractions of such an identity and how it reinforces groups’ tendencies to myth-making and irresponsibility. Among its more harmful effects, it obscures the realities of state power and forecloses meaningful accountability to those outside the group. It also sets in train a vicious circle, whereby the group discovers perverse incentives to harm others – and to harm itself. Yet these harms only reinforce the group’s self-anointed status as victim: as always done by, never doing to. (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)

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)

Comment définir l’enfant victime? Répondre à cette question est moins simple qu’il n’y paraît et nécessite de relever trois défis : appréhender la connaissance statistique de ce phénomène, comprendre sa dimension politique et, enfin, saisir le contenu juridique des normes nationales et internationales produites dans ce domaine. Cette contribution met en évidence la diversité des approches possibles pour appréhender le sujet, mais aussi les vides juridiques pouvant exister en la matière. La présente contribution propose de faire le point sur l’état (...) du droit et les perspectives d’évolution qui pourraient être envisagées. (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 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.

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)

The purpose of this article is briefly to present a case for the principle of reparation as a new jus in bello principle for just humanitarian intervention. The article is divided into three sections. In “Restorative Justice and Civilian Protection”, I investigate the idea of restorative justice in order to consider whether or not it can complement the shortcomings of the just war tradition in civilian protection. In “The Legal Framework on Reparation: Its Scope and Limitations”, I examine the scope (...) of the law of armed conflict on reparatory measures in order to consider whether and how ideas of and measures for restorative justice might be incorporated in the jus in bello framework for military humanitarian intervention. In “The Issue of Civilian Victims: A Case for Reparation”, I explore the implications of reparatory measures for victims in order to suggest that these measures are not only beneficial to civilian victims but also imperative to be taken by the interveners if they undertake military intervention within the jus in bello framework and claim its moral justifiability. (shrink)

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)

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 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)

According to Jeremy Waldron, John Locke's argument for the instrumental irrationality of persecution is fatally flawed. In this paper, I offer evidence that Waldron has misread Locke, and that Locke's views about why persecution generally proves inefficacious have greater plausibility than Waldron allowed. Locke's argument for the irrationality of intolerance does not, as has been thought, rest on a tendentious ontological distinction between ‘the will’ and ‘the understanding’, but on an account of the adverse psychological reaction of victims of persecution (...) to their plight. Persecution, Locke argued, provokes in its victims feelings of distrust and hostility that diminishes the chances that they will convert to the religion that has persecuted them. An appeal to the ‘victim's perspective’ in order to dissuade would-be persecutors was a fundamental part of his case for toleration, and one that was noticed and employed by other proponents of toleration. (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)

In the current research, we examined whether ostracism and sexual objectification affect the tendency to blame the victim of sexual harassment. Previous research concerning victim blame examined the attribution of blame considering the characteristics of the victim, the perpetrator, and the relation between them. However, no research to date examined whether situational factors of the perceiver can affect their perception and judgment of blame. We propose that sexual objectification and ostracism may elicit empathy toward the victim, (...) and in turn, reduce victim blame. In two experimental studies, women were instructed to imagine interacting with a videotaped man who either gazed at their body, away from them, or at their face. Then, they were asked to read a newspaper article or watch a video portraying encounters in which the man's sexual advances continued after the woman expressed discomfort and lack of interest. In study 1, we found that sexually objectified women attributed less blame to the woman compared with the women who were treated well, with ostracized women falling in between and marginally different from both. In study 2, using mediation analysis we found an indirect effect such that sexually objectified women experienced greater empathy toward the victim, which was associated with reduced attribution of blame. It appears that greater similarity between the situation of the perceiver and the situation of the victim elicits greater empathy. This adds to the previous knowledge that personality similarities result in higher empathy. (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)

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 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)

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)

"In December 2002, Meryl Harrison moved a large audience to tears at the BBC Animal Awards Ceremony, having been flown over from her native Zimbabwe to receive their Special Award. There she told her tale of the rescue of countless animals caught up in five years of the Zimbabwean land invasions, as farmers and families were forced from their homes to make way for Mugabe's 'war veterans'. Many had to leave their animals behind, and it was Meryl's mission on behalf (...) of the under-funded ZNSPCA to go into these destroyed farmsteads to rescue countless domestic animals and wounded livestock. Nandi, pictured on the book-jacket of this heart-warming account of her animal rescues, is just one of the many ordinary pet dogs she managed to save. The bravery of Meryl and her small team, as they overcame huge obstacles to find and return these traumatised pets to their loving owners, has earned her world-renown. But she didn't do it for any human praise - she did it for the animals, the innocent victims of human folly. ". (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)

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)

This study investigates the role of parental and peer relationships’ quality on homophobic victimization and possible consequences on mental health during adolescence. Participants were 394 adolescents, (41.6% male and 58.4 % female) aged 15-20 years (M = 16.55; SD =.85), attending the third and fourth classes of public high schools in Italy. Participants completed the Homophobic Bullying Scale to evaluate homophobic victimization toward gays and lesbians or assumed homosexuals, the Symptom Check-list-90 to evaluate mental health, and the Inventory of Parent (...) and Peer Attachment to investigate quality of peer and parental relationships (in term of communication, disaffection and trust). Results show how quality of peer relationships is not connected with victimization, as well as quality of parental relationships is linked with homophobic victimization, that is also connected with anxiety and somatization problems. Theoretical and educational implications were discussed. (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 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)

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)

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)

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)

What do the victims of tyranny owe each other? In this paper, I examine whether they can be condemned for betraying their friends, and I do so through a novel interpretation of Judith Shklar’s political thought. Shklar is a widely acknowledged and significant influence on non-ideal theory and political realism. However, there is also a previously unnoticed transformation between her early and mature work, for although she remains a sceptic her approach to moral conflict changes from value pluralism to value (...) monism. In addition, it is only in her mature work, as a monist, she believes tyranny cancels obligations of justice. I argue here that Shklar’s monism fails, and this in turn has important implications for political realism and non-ideal theory. While attention has been focused on developing a sceptical critique of ideal theory, this interpretation of Shklar’s work illustrates that greater awareness is needed of the pitfalls of monist strands of scepticism. (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 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)

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)

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)