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Vindicatory Justice: Beyond Law and Revenge

Vindicatory Justice: Beyond Law and Revenge

  • 作者:
  • 出版商: Springer International
  • ISBN: 9783030795948
  • 出版时间 November 2021
  • 规格: Hardback
  • 适应领域: Switzerland ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9783030795979
¥1,624.32
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice-which it terms 'vindicatory'-wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace-or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue duree historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.

  • Part I. Vindicatory Justice: Conceptual Analyses and Forerunners
    Introduction
    Hans Kelsen's Philosophy of Revenge
    Revenge, Violence and the Civilizing Narrative
    On Revenge and Punishment
    "To Restore" Versus "To Vindicate"
    Antonio Pigliaru
    'Une Question De Droit'
    Part II Mapping Vindicatory Justice
    Vindicatory Justice in Madagascar
    Vindicatory Persistence in Barbagia
    Vindicatory Justice and the Colonial Encounter
    Law, Ethics and Religion
    The Vindicatory Roots of Civil Sanctions
    From the Duty to Redeem the Spilled Blood to the Duty to Redeem Themselves (Repentance)
    History and Memory Before the Court
    Defenselessness, Offense and Counter-Offense in Legal Disputes Between Employers and Female Domestic Workers
    A Vindication of the Rights of Women. Equal Participation in Rituals in a Festival Context

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