Amnesties in Transition: Punishment, Restoration, and the Governance of Mercy

Despite the much vaunted triumph of human rights, amnesties continue to be a frequently used technique of post-conflict transitional justice. For many critics, they are synonymous with unaccountability and injustice. This article argues that despite the rhetoric, there is no universal duty to prosecute under international law and that issues of selectivity and proportionality present serious challenges to the retributive rationale for punishment in international justice. It contends that many of the assumptions concerning the deterrent effect in the field are also oversold and poorly theorized. It also suggests that appropriately designed restorative amnesties can be both lawful and effective as routes to truth recovery, reconciliation, and a range of other peacemaking goals. Rather than mere instruments of impunity, amnesties should instead be seen as important institutions in the governance of mercy, the reassertion of state sovereignty and, if properly constituted, the return of law to a previously lawless domain.

The translation and sedimentation of accounting reforms. A comparison of the UK, Austrian and Italian experiences

Since the late 1980s, there has been a significant and progressive movement away from the traditional Public Administration (PA) systems, in favour of NPM-type accounting tools and ideas inspired by the private sector. More recently, a new focus on governance systems, under the banner Public Governance (PG), has emerged. In this paper it is argued that reforms are not isolated events, but are embedded in more global discourses of modernisation and influenced by the institutional pressures present in a certain field at certain points in time. Using extensive document analysis in three countries with different administrative regimes (the UK, Italy and Austria), we examine public sector accounting and budgeting reforms and the underlying discourses put forward in order to support the change. We investigate the extent to which the actual content of the reforms and the discourses they are embedded within are connected over time; that is, whether, and to what degree, the reform “talk” matches the “decisions”. The research shows that in both the UK and in Italy there is consistency between the debates and the decided changes, although the dominant discourse in each country differs, while in Austria changes are decided gradually, and only after they have been announced well in advance in the political debate. We find that in all three countries the new ideas and concepts layer and sediment above the existing ones, rather than replace them. Although all three countries underwent similar accounting and budgeting reforms and relied on similar institutional discourses, each made its own specific translation of the ideas and concepts and is characterised by a specific formation of sedimentations. In addition, the findings suggest that, at present in the three countries, the PG discourse is used to supplement, rather than supplant, other prevailing discourses.

Germany v Italy:The Triumph of Sovereign Immunity over Human Rights Law

This article analyses the doctrine of State immunity within the context of the recent judgment of the International Court of Justice (ICJ) concerning the Jurisdictional Immunities of the State (Germany v Italy: Greece intervening). The object of this article is to explore the implications of the State immunity from foreign judicial proceedings in cases of jus cogens crimes. Challenging the assumption that the law of immunity is merely procedural in nature, this article argues that there can be no immunity in cases of undisputed international crimes.

Punitiveness and Political Culture: Notes from Some Small Countries

Green’s (2007, 2008, 2009) recent comparative work on child-on-child homicides in England and Norway has drawn attention to political-cultural explanations to account for differences in levels of state punitiveness. His work finds support for the distinction made by Arend Lijphart (1999) between consensus and majoritarian democracy, through his argument that English majoritarian political culture created powerful incentives to exploit the homicide of James Bulger in ways that were not present in Norway. Drawing on comparative research in Ireland, Scotland and New Zealand, this article joins with Green in enlisting political culture as an important explanatory variable yet challenges the usefulness of Lijphart’s typology in explaining penal difference.

The Science of Religious Beliefs

Why have humans, throughout history and across cultures, shown a strong tendency to believe in the existence of superhuman intentional agents and attached this belief to notions of morality, misfortune, and the creation of the world? The answer emerging from the cognitive science of religion appears to be that explicit beliefs are informed and constrained by the natural and cross-culturally recurrent operation of implicit cognitive systems. Successful god concepts resonate with the expectations of these implicit systems but also have attention-demanding and inferentially-rich properties that allow their integration into various areas of human concern. Theological concepts may deviate from these natural cognitive moorings but require special cultural scaffolding, such as Whitehouse's two Modes of Religiosity, to do so and constitute additions to, rather than replacements of the religious beliefs supported by implicit cognitive systems.