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)

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)

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

This 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)

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)

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 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)

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)

The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status and (...) role of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (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 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)

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)

of (from Stanford Encyclopedia of Philosophy) forthcoming in Social Neuroscience. [nearly final draft in .pdf] An empirical investigation of moral judgment in autism.

'The Patient as Victim and Vector' is jointly written by four authors at the University of Utah with expertise in bioethics health law, and both clinical practice and public health policy concerning infectious disease.

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

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 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)

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)

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)

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 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)

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)

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)

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)

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 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)

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

This article examines the processes of investigation and gathering evidence about victims of the September 11 attacks to better understand the inability of state and nonstate institutions to effectively deal with the invisibility of undocumented migrants in terms of providing assistance and recognition at a moment of tragedy. The failure to make the invisible visible or to address the very question of visibility publicly is explained by three major reasons: 1) A general fear of coming forward on the part (...) of undocumented migrants or their families, partly as a result of their legal status and their lack of trust in government agencies, which was compounded by ineffective communication about available relief services; 2) different procedural requirements and logics of evidence used by government and nongovernmental relief agencies, which, in some cases, made it impossible for undocumented migrants or their families to provide proof of their presence at the site or employment in the businesses affected; 3) the context of 9/11 as a disruptive event that influenced the overall climate in which issues of victimhood and immigration status could be addressed. (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)

Background:Moral distress is a significant concern for nurses as it can lead to burnout and intentions to leave the profession. Pediatric nurses encounter stressful and ethically challenging situations when they care for suspected victims of child maltreatment. Data on pediatric nurses’ moral distress are limited, as most research in this field has been done in adult inpatient and intensive care units.Aim:The purpose of this study was to describe pediatric nurses’ moral distress and evaluate the impact of caring for suspected (...) victims of child maltreatment on nurses’ moral distress, burnout, and intention to leave. Design and method: This descriptive cross-sectional correlational study was conducted in a mid-Atlantic, urban area Magnet pediatric level I trauma center that cares for over 1800 cases of suspected child maltreatment annually. An anonymous electronic survey was sent to all the nurses working at the hospital.Ethical considerations:Institutional Review Board approval was received from the first author’s university and the hospital where the study was conducted.Findings:Overall, nurses ( N = 146) reported low levels of moral distress with a mean score of 59.54 (SD = 49.22) and a range of 0–300 on the Moral Distress Scale Neonatal–Pediatric version. Although the frequency of caring for suspected child maltreatment victims did not affect nurses’ moral distress, caring for victims with fatal maltreatment contributed to nurses’ intention to leave, χ2(1) = 5.35, p = 0.02.Conclusion:The results of this study add to the understanding of moral distress in pediatric nursing. Caring for victims with fatal maltreatment impacts pediatric nurses’ intention to leave. (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)

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.

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)

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)

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)

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)

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 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.

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)

Victims of injustice are prominent protagonists in efforts to resist injustice. I argue that they have a duty to do so. Extant accounts of victims’ duties primarily cast these duties as self-regarding duties or duties based on collective identities and commitments. I provide an account of victims’ duties to resist injustice that is grounded in the duty to assist. I argue that victims are epistemically privileged with respect to injustice and are therefore uniquely positioned to assist (...) fellow victims. Primarily, they discharge this duty through testimony: victims alert other actors to the need for assistance and initiate and coordinate resistance efforts. I briefly provide an account of oppression that ranges from persecution to structural injustice. Through the examples of torture and ‘manterrupting’, I illustrate the duty and its limits. I outline shortcomings in victims’ epistemic privilege and explore means by which these can be overcome. I respond to objections from demandingness and fairness, arguing that victims have an essential, albeit circumscribed, role to play in defeating injustice. (shrink)

Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the female rape (...) victim and her associated stereotypical image should be considered not solely as a legal derivative but also within a wider cultural context. This article explores the historical influences that shaped the cultural construct operating in the U.K., in particular, the societal and legal attitudes of the mid-Victorians towards women and sexual violence, creating an historical mystification around the construct of the female rape victim and the crime of rape itself. Reference is made to a number of cases reported in The Times newspaper between 1850–1885 which underline the requisite portrayal of the rape complainant as an unequivocal victim. It is argued that the relocation of this historical and socially constructed mythological imaginary within the context of the law and the trial process has disproportionately contributed to the modern scepticism which surrounds the female complainant. (shrink)

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

This book conducts a timely inquiry into contemporary conscience and politics.

We theorize that victim anonymity is an important factor in ethical decision making, such that actors engage in more self-interested and unethical behaviors toward anonymous victims than they do toward identifiable victims. Three experiments provided empirical support for this argument. In Study 1, participants withheld more life-saving products from anonymous than from identifiable victims. In Study 2, participants allocated a sum of payment more unfairly when interacting with an anonymous than with an identifiable partner. Finally, in Study (...) 3, participants cheated more from an anonymous than from an identifiable person. Anticipated guilt fully mediated these effects in all three studies. Taken together, our research suggests that anonymous victims may be more likely to incur unethical treatment, which could explain many unethical business behaviors. (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.

ABSTRACT This paper contributes to the debate about the strawman fallacy. It is the received view that strawmen are employed to fool not the arguer whose argument they distort, but instead a third party, an audience. I argue that strawmen that fool their victims exist and are an important variation of the strawman fallacy because of their special perniciousness. I show that those who are subject to hermeneutical lacunae or who have since forgotten parts of justifications they have provided (...) earlier are especially vulnerable to falling for strawmen aimed at their own positions or arguments. Adversarial argumentation provides especially fertile ground for strawmen that fool their own victims, but cooperative argumentation is no fail-safe protection from them either. (shrink)