Transitional Justice 3001F/G Lecture Notes - Lecture 3: Liberal Democracy, Expressivism, Retributive Justice
26 Jan 2017
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Document Summary
Although first form of justice adopted, primarily western -> prioritized above all else: possible general consensus that when atrocities occur that the international community must intervene. Retribution: further divided into consequentialism and retributivism. Consequentialism: believe that punishment results in benefit by deterring others and the individual from repeating. Seems to tap into a raw emotion of vengeance. We must bring the perpetrator down and the victim back up. When a crime occurs a relationship is created between perpetrator and victim -> hierarchical. Only way to fix this is with criminal trials. State or int(cid:495)l community reaffirms a victims worth in the face of a challenge to it: punishment rectifies moral balance -> punishment needs to be proportionate to the nature of the crime. Consequentialism: more important reason for punishment in the lens of tj, institutionalized justice removes the need for personal vengeance. Deterring future crimes from happening: deterrence. Graham blewitt, deputy chief prosecutor at the.
