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The Question of German Guilt

In Guénaël Mettraux (ed.), Perspectives on the Nuremberg Trial. Oxford University Press (2008)

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  1. Corrective Justice and the Possibility of Rectification.Seth R. M. Lazar - 2008 - Ethical Theory and Moral Practice 11 (4):355-368.
    In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...)
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  • Race After Sartre: Antiracism, Africana Existentialism, Postcolonialism.Jonathan Judaken (ed.) - 2008 - State University of New York Press.
    Examines Jean-Paul Sartre’s antiracist politics and his contributions to critical race theories, postcolonialism, and Africana existentialism.
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  • 1913-2013: one hundred years of General Psychopathology - A centenary celebration at the Roman Circle of Psychopathology, February, 27th 2013.Massimiliano Aragona, Fabio Di Fabio & Enrico Rosini - 2013 - Dialogues in Philosophy, Mental and Neuro Sciences 6 (2):57-66.
    2013 sees the centenary of Jaspers' foundation of psychopathology as a science in its own right. The general sense of the General Psychopathology and its specific contribution are discussed. In particular, the lecture focuses on three major contributions: the methodological import (Jaspers perspectivism), the importance to study subjective experiences scientifically (Jaspers' phenomenology), and the concept of understanding. Three psychiatrists with partly different theoretical background discuss with the members of the Roman Circle of Psychopathology questions like: the specific historical and theoretical (...)
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  • The Innocent in the Just War Thinking of Vitoria and Suárez: A Challenge Even for Secular Just War Theorists and International Law.Vicente Medina - 2013 - Ratio Juris 26 (1):47-64.
    Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...)
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  • The Philosophical Controversy over Political Forgiveness.Alice MacLachlan - 2012 - In Paul van Tongeren, Neelke Doorn & Bas van Stokkom (eds.), Public Forgiveness in Post-Conflict Contexts. Intersentia. pp. 37-64.
    The question of forgiveness in politics has attained a certain cachet. Indeed, in the fifty years since Arendt commented on the notable absence of forgiveness in the political tradition, a vast and multidisciplinary literature on the politics of apology, reparation, and reconciliation has emerged. To a novice scouring the relevant literatures, it might appear that the only discordant note in this new veritable symphony of writings on political forgiveness has been sounded by philosophers. There is a more-than-healthy cynicism directed at (...)
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  • Love actually: law and the moral psychology of forgiveness.Alan Norrie - 2018 - Journal of Critical Realism 17 (4):390-407.
    ABSTRACTLove is the basis for a moral psychology of forgiveness. I argue for an account of love based on Roy Bhaskar's conception of its five circles, and of the ethical nature of human beings as concrete universals/singulars. Linking this to work of ‘The Forgiveness Project’, I argue that forgiveness can be understood metaphysically in terms of its relation to love of self, of the other, of the relation of self and other, of self, other and the wider community, and of (...)
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  • Excesses of Responsibility: The Limits of Law and the Possibilities of Politics.Kirsten Ainley - 2011 - Ethics and International Affairs 25 (4):407-431.
    Since 1945 responsibility for atrocity has been individualized, and international tribunals and courts have been given effective jurisdiction over it. This article argues that the move to individual responsibility leaves significant "excesses" of responsibility for war crimes unaccounted for.
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  • Survivor guilt.Jordan MacKenzie & Michael Zhao - 2023 - Philosophical Studies 180 (9):2707-2726.
    We often feel survivor guilt when the very circumstances that harm others leave us unscathed. Although survivor guilt is both commonplace and intelligible, it raises a puzzle for the standard philosophical account of guilt, according to which people feel guilt only when they take themselves to be morally blameworthy. The standard account implies that survivor guilt is uniformly unfitting, as people are not blameworthy simply for having fared better than others. In this paper, we offer a rival account of guilt, (...)
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  • Philosophy between Power and Powerlessness: A Homage to Karl Jaspers.Yvanka B. Raynova - 2019 - Labyrinth: An International Journal for Philosophy, Value Theory and Sociocultural Hermeneutics 21 (1):167-187.
    The aim of the following paper is to discuss Jaspers' disappointement of politics and his confession about the powerlessness of the Spirit, expressed at the end of his life. This confession may seem to contradict some of his earlier statements and positions. Yet, by analizing the evolution of his views about the complex relation between philosophy and politics, the autor claims that Jaspers' philosophy is an emblematic illustration of a tension, inherent in contemporary philosophy, namely that between the faith in (...)
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  • A Kantian Account of Trauma.Helga Varden - 2022 - Kantian Review (4):1-19.
    In our societies today, the prevalence of serious, untreated trauma means that we cannot reliably expect to receive or give unconditional love, understood as love which functions within a normative framework to protect each and all of us as having dignity. Serious, untreated trauma makes unconditional love, so understood, unreliable because each time the pattern of the psychological damage (trauma) is triggered in the traumatized person, in the wrongdoers, or in the bystanders, their behaviour easily becomes self- and other-numbing, destructive, (...)
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  • Crimes Against Humanity: Hannah Arendt and the Nuremberg Debates.Robert Fine - 2000 - European Journal of Social Theory 3 (3):293-311.
    The institution of crimes against humanity at Nuremberg in 1945 was an event which marked the birth of cosmopolitan law as a social reality. Cosmopolitan law has existed as an abstract idea at least since the writings of Kant in the late eighteenth century, but Nuremberg turned the notion of humanity from a merely regulative idea into a substantial entity. Crimes against humanity differ significantly from the traditional categories of international law: war crimes and crimes against peace. While the latter (...)
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  • De-securitization, sexual violence, and the politics of silence.Sabine Hirschauer - 2020 - European Journal of Women's Studies 27 (3):219-234.
    Drawing on the author’s archival research in Germany and the US, empirical data about US-allied troop sexual violence during post-World War II occupied Germany suggests a complex interplay between gender, security, silence production, and state identity. Through a feminist security studies lens, this article theorizes about an unexplored, obscured form of de-securitization: the unmaking of a security issue or referent object as active silence. De-securitization as silence provides a unique insight into silence production, gender’s normativity, and security. To move beyond (...)
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  • Two forms of responsibility: Reassessing Young on structural injustice.Valentin Beck - 2023 - Critical Review of International Social and Political Philosophy 26 (6):918-941.
    In this article, I critically reassess Iris Marion Young's late works, which centre on the distinction between liability and social connection responsibility. I concur with Young's diagnosis that structural injustices call for a new conception of responsibility, but I reject several core assumptions that underpin her distinction between two models and argue for a different way of conceptualising responsibility to address structural injustices. I show that Young's categorical separation of guilt and responsibility is not supported by the writings of Hannah (...)
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  • Oorganiserade kollektiv kan handla.Simon Rosenqvist - 2018 - Tidskrift För Politisk Filosofi 22 (2):61-68.
    Jag argumenterar för att oorganiserade kollektiv, såsom kollektivet av alla människor, kan handla moraliskt rätt och fel. Storskaliga problem likt den globala uppvärmningen är till exempel resultatet av en sådan kollektiv handling, nämligen hela mänsklighetens utsläpp av växthusgaser. Denna kollektiva handling är dessutom moraliskt fel, på grund av dess dåliga konsekvenser. Jag bemöter också en invändning mot denna uppfattning om kollektivt handlande, enligt vilken det är intuitivt orimligt att oorganiserade kollektiv såsom ”hela mänskligheten” kan handla.
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  • (1 other version)Two Kinds of Climate Justice: Avoiding Harm and Sharing Burdens.Simon Caney - 2013 - Journal of Political Philosophy 21 (4):125-149.
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  • Genuinely collective emotions.Bryce Huebner - 2011 - European Journal for Philosophy of Science 1 (1):89-118.
    It is received wisdom in philosophy and the cognitive sciences that individuals can be in emotional states but groups cannot. But why should we accept this view? In this paper, I argue that there is substantial philosophical and empirical support for the existence of collective emotions. Thus, while there is good reason to be skeptical about many ascriptions of collective emotion, I argue that some groups exhibit the computational complexity and informational integration required for being in genuinely emotional states.
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  • Sharing the costs of political injustices.Avia Pasternak - 2010 - Politics, Philosophy and Economics 10 (2):188-210.
    It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...)
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  • Gustav Radbruch vs. Hans Kelsen: A Debate on Nazi Law.Frank Haldemann - 2005 - Ratio Juris 18 (2):162-178.
    . Can the label “law” apply to rules as amoral as the enactments of the Nazis? This question confronted the courts in Germany after 1945. In dealing with it, the judges had to take sides in the philosophical debate over the concept of law. In this context, the prominent voices of the legal philosophers Gustav Radbruch and Hans Kelsen could not go unheard. This paper draws on what could have been the “Radbruch‐Kelsen debate on Nazi Law.” In examining the debate, (...)
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  • Dehumanising the dehumanisers: reversal in human rights discourse.Robert Fine - 2010 - Journal of Global Ethics 6 (2):179-190.
    If the legitimacy of international humanitarian and human rights law lies, in part at least, in its capacity to confront dehumanising actions in the modern world, we may speak of the limits of this achievement. It is well known that people who commit genocide or crimes against humanity typically dehumanise those against whom their crimes are committed and that the humanitarian and human rights dimensions of international law were developed in response to the radicalisation of this phenomenon. The expanded scope (...)
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  • Levinas: Beyond egoism in marketing and management.John Desmond - 2007 - Business Ethics, the Environment and Responsibility 16 (3):227–238.
    The primary aim of this paper is to accentuate those features that distinguish Levinasian ethics from the egoism that prevails in management thought. It focuses on differences in the constitution of the subject, how Levinas seeks an ethics that goes beyond the subjective point of view that structures the self as being self-present, self-interested, free and systematic and relates to others through this perspective. Levinas's concepts are critically discussed by reading these alongside Jacques Lacan and Adam Smith, which enable observations (...)
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  • The Ethics of Belief in a Burning World.Sebastian Schmidt - forthcoming - Australasian Philosophical Review.
    Danielle Celermajer advocates for reconceptualizing responsibility in light of the climate crisis. I argue instead that we must understand current concepts of responsibility which are implicit in actual responsibility practices. I illustrate this by appeal to the practice of holding each other responsible for our beliefs-a practice in which we are constantly involved, but which is often obscured. It extends our responsibility to involuntary aspects of our own mind and involves socially distributed cognitive duties. Cognitive responsibility is part and parcel (...)
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  • Citizens’ Political Responsibility and Collective Identity: A Spinozistic Answer to Jaspers’s Question on Guilt.Wilson Herrera-Romero - 2019 - The Journal of Ethics 23 (2):201-221.
    The question on guilt that Jaspers poses to the Germans was not only valid after the Holocaust, it can be raised to other peoples who must answer for the crimes committed by the state which act on behalf of the people that gave support to them. In this paper, I elaborate a notion of citizens’ political responsibility in order to argue to what extent—and under what circumstances—the citizens of a political community must respond for the deeds of the political institutions (...)
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  • Insisting on complicity.Timothy Wyman McCarty - 2019 - Contemporary Political Theory 18 (1):1-21.
    Contemporary conceptions and practices regarding complicity have led to the surprising emergence of citizens who seek rather than flee complicity. The purpose of this is to gain standing to challenge controversial state practices. As in the recent Hobby Lobby decision, such attempts to demonstrate complicity are not motivated by a desire to take ownership over state actions, but to justify institutional reforms or individual opt-outs that would not be legitimized absent such a finding of complicity. This article highlights the danger (...)
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  • The Oxford Handbook of Philosophy and Race.Naomi Zack (ed.) - 2017 - New York, USA: Oxford University Press USA.
    The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...)
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  • Moral taint.Marina A. L. Oshana - 2006 - Metaphilosophy 37 (3-4):353–375.
    Moral taint occurs when one’s personality has been compromised by the introduction of something that produces disfigurement of the moral psyche. While taint may be traced to vicarious liability for our voluntary associations, the thought that we might be responsible for taint and that taint is something we must confront and make amends for becomes problematic when taint is acquired by circumstantial luck. I argue that the idea of circumstantial taint—for example, the idea that people can be morally compromised by (...)
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  • Sartre and South African Apartheid.Mabogo P. More - 2008 - In Jonathan Judaken (ed.), Race After Sartre: Antiracism, Africana Existentialism, Postcolonialism. State University of New York Press. pp. 173-190.
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  • What is to be done? In the age of ignorance.Kate I. Khan - 2022 - Studies in East European Thought 74 (4):557-564.
    This paper is dedicated to the issue of collective guilt and the interconnection between theoretical political thinking and ethically grounded political action, collective guilt, and personal responsibility. It assumes that facing political events in a form of media representation (such as with the war conflict in Ukraine), we mostly deal with simulacra, which affects and creates passive shock content consumption instead of active participation. The interconnection between irrational and rational ways of interpretation of political conflict is shown together with the (...)
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  • XIV—What’s Wrong with Collective Punishment?Holly Lawford-Smith - 2018 - Proceedings of the Aristotelian Society 118 (3):327-345.
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  • (1 other version)Antinomije'istine i pomirenja': postjugoslovenski slučajevi.Slobodan Karamanić - 2012 - Filozofija I Društvo 23 (3):3-22.
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  • Punishment and the purification of moral taint.Johann A. Klaassen - 1996 - Journal of Social Philosophy 27 (2):51-64.
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  • Diversity in unity in post-truth times: Max Weber’s challenge and Karl Jaspers’s response.Carmen Lea Dege - 2020 - Philosophy and Social Criticism 46 (6):703-733.
    Max Weber famously diagnosed both an excess and a subordination of meaning in modernity when he coined the term disenchantment next to the fragmentation and irreconcilability of value spheres. Unlike Weber, however, who sought to keep the ideological and the rationalist sides of the modern divide together, his immediate followers capitalized either on his decisionism (i.e. Carl Schmitt) or on his universalism (i.e. Jürgen Habermas). In an attempt to develop a constructive perspective on the question of how we can conceive (...)
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  • Torture: banality of evil or radical evil?Delamar José Volpato Dutra - 2020 - Filosofia Unisinos 21 (3):240-250.
    The text aims to explore legal and moral aspects of torture. Under the legal aspect the text compares three definitions of torture: UN definition, Brazilian definition, and Spanish definition. In this regard, neither the UN formulation nor the Brazilian formulation are ideal, because the Brazilian legal definition restricts the element of action by the part of the perpetrator of torture, and the UN convention restricts the effect on the victim, given that pain or suffering should be severe. The hypothesis is (...)
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  • Critical Realism and the Metaphysics of Justice.Alan Norrie - 2016 - Journal of Critical Realism 15 (4):391-408.
    This article concerns the problems of guilt that emerge in connection with genocide discussed after the Second World War by Hannah Arendt, Karl Jaspers, Jean Améry and Primo Levi. It looks at the different forms of guilt: of perpetrators, bystanders, victims who became perpetrators, and of collective guilt. It argues that a way to understand the structure of guilt is to consider the idea of survivor guilt, and its link to an underlying metaphysics of guilt. It considers primarily Levi's account (...)
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  • The Other – a troublesome dyad?Paul Walker & Terence Lovat - 2023 - Journal of Global Ethics 19 (2):135-149.
    The ‘Other’ can be near to us, or far from us. We are in-relation with both. Given that, we explore whether, from a moral philosophical perspective, the ‘near-other’ is in tension with the ‘far-other’. We argue that we find our relationship with the near-other through a transcendent metaphysical empathy derived from the noumenon, which is manifest in the phenomenon as compassion and justice. We then argue that perceived differences in the phenomenon mean that we do not reliably transfer this empathy (...)
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  • How to Overcome Structural Injustice? Social Connectedness and the Tenet of Subsidiarity.Michael S. Aßländer - 2020 - Journal of Business Ethics 162 (3):719-732.
    Referring to the phenomenon of structural injustice resulting from unintended consequences of the combination of the actions of many people, Iris Marion Young claims for a new understanding of responsibility. She proposes what she calls a social connection model of responsibility which assigns responsibility to individuals also for participating in ongoing structural and social processes. To remedy structural injustice Young claims for collective action of various actors in society and assigns different degrees of responsibility depending on the agent’s position within (...)
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  • About the usefulness and harmfulness of forgetting the German guilt.Paweł Wójs - 2019 - Argument: Biannual Philosophical Journal 9 (2):271-287.
    The distinction between kinds of guilt has not lost its power to illuminate matters, and it remains a great tool to study the consequences of forgetting guilt of any kind. Karl Jaspers made the distinction between kinds of guilt mainly to ease the Germans coping with guilt, as all of them were blamed for the evil that happened under Adolf Hitler. Jaspers believed that in using this distinction the German nation could have come back to its origins, and thus purified, (...)
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  • Delivering the Deadly Blow: Understanding Collective Responsibility.Joseph Tarquin Foulkes Roberts - 2014 - Rivista Italiana di Filosofia Analitica Junior 5 (1):49-58.
    This paper deals with ascriptions of collective responsibility and the distribution of the responsibility from the group to the individuals. Specifically, this article proposes a solution to cases of collective responsibility which is also sensitive to the demands of normative individualism. The article contends that Judith Jarvis Thomson’s concept of a Minimally Decent Samaritan is a valuable tool for the correct ascription of responsibility to individuals from collectives as it is neither excessively demanding, like Arendt’s and Jaspers’ accounts, or not (...)
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  • The moral horror of the september attacks.Sara Ruddick - 2003 - Hypatia 18 (1):212 - 222.
    : I try to identify the distinct moral horror occasioned by the attacks of September 11 in order to accord them an appropriate, limited place in the ongoing history of terror and violence. I consider the agents of evil and the victims as evil constructs them. I conclude with victim stories that reveal evil by showing the goodness it violates, making us feel the bitter loss of what violence has killed, kills, and will kill again.
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  • How Not to Do Things with Others: A Buddhist Account of Shared Agency.Oren Hanner - 2024 - Philosophy East and West.
    Unlike Western philosophers, classical Buddhist thinkers largely remained silent about socio-political issues and did not develop explicit frameworks for theorizing them. The present article reconstructs a Buddhist account of shared action based on select passages from works by the Indian Buddhist philosopher Vasubandhu. It outlines the structure of individual action, according to Vasubandhu, and identifies three conditions that need to be satisfied for a joint activity to take place. This model, I suggest, is reductive in seeing joint action as an (...)
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  • Reply to Critics.Lisa Tessman - 2008 - Hypatia 23 (3):205-216.
    Tessman responds to her three critics’ comments on Burdened Virtues, focusing on their concerns with her stipulation of an “inclusivity requirement,” according to which one cannot be said to flourish without contributing to the flourishing of an inclusive collectivity. Tessman identifies a naturalized approach to ethics—which she distinguishes from the naturalism she implicitly endorsed in Burdened Virtues—that illuminates how a conception of flourishing that meets the inclusivity requirement could carry moral authority.
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  • Arendt on the Crime of Crimes.David Luban - 2015 - Ratio Juris 28 (3):307-325.
    Genocide is the intentional destruction of a group as such. What makes groups important, over and above the individual worth of the group's members? This paper explores Hannah Arendt's efforts to answer that question, and concludes that she failed. In the course of the argument, it examines her understanding of Jewish history, her ideas about “the social,” and her conception of “humanity” as a normative stance toward international responsibility rather than a descriptive concept.
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  • Animals Who Think and Love: Law, Identification and the Moral Psychology of Guilt.Alan Norrie - 2019 - Criminal Law and Philosophy 13 (3):515-544.
    How does the human animal who thinks and loves relate to criminal justice? This essay takes up the idea of a moral psychology of guilt promoted by Bernard Williams and Herbert Morris. Against modern liberal society’s ‘peculiar’ legal morality of voluntary responsibility, it pursues Morris’s ethical account of guilt as involving atonement and identification with others. Thinking of guilt in line with Morris, and linking it with the idea of moral psychology, takes the essay to Freud’s metapsychology in Civilization and (...)
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  • Taking the '''Ism''' Out of Cosmopolitanism An Essay in Reconstruction.Robert Fine - 2003 - European Journal of Social Theory 6 (4):451--470.
    This article addresses the character and potential of the radical cosmopolitanism that is currently flourishing within the social sciences. I explore how cosmopolitanism is articulated in a number of disciplines–including international law, international relations, sociology and political philosophy–and how it conceives of its own age. I focus first of all on the timeconsciousness that informs the cosmopolitan representation of modernity, in particular its projection of a rupturebetween the old ‘Westphalian’ order of nation states and the advancing cosmopolitan order of the (...)
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  • Corporate Leadership and Mass Atrocity.Sarah Federman - 2020 - Journal of Business Ethics 172 (3):407-423.
    With the last Holocaust survivors quietly passing away, one might also expect to see accountability debates slowing to a trickle. Surprisingly, however, recent years show an upswing in corporate World War II-related atonement debates. Interest in corporate participation in mass atrocity has expanded worldwide; yet what constitutes ethical corporate behavior during and after war remains understudied. This article considers these questions through a study of the French National Railways’ roles during the German occupation and its more recent struggle to make (...)
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  • Psychoanalytic sociology and the traumas of history.Matt Ffytche - 2017 - History of the Human Sciences 30 (5):3-29.
    This article examines the way aspects of recent history were excluded in key studies emerging from psychoanalytic social psychology of the mid-20th century. It draws on work by Erikson, Marcuse and Fromm, but focuses in particular on Alexander Mitscherlich. Mitscherlich, a social psychologist associated with the later Frankfurt School, was also the most important psychoanalytic figure in postwar Germany. This makes his work significant for tracing ways in which historical experience of the war and Nazism was filtered out of psychosocial (...)
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