Neo-Fascist Legal Theory on Trial: An Interpretation of Carl Schmitt's Defence at Nuremberg from the Perspective of Franz Neumann's Critical Theory of Law

This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of critique is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions. This revised version was published online in June 2006 with corrections to the Cover Date.     

Supreme Emergencies Without the Bad Guys

This paper discusses the application of the supreme emergency doctrine from just-war theory to non-antagonistic threats. Two versions of the doctrine are considered: Michael Walzer’s communitarian version and Brian Orend’s prudential one. I investigate first whether the doctrines are applicable to non-antagonistic threats, and second whether they are defensible. I argue that a version of Walzer’s doctrine seems to be applicable to non-antagonistic threats, but that it is very doubtful whether the doctrine is defensible. I also argue that Orend’s version of the doctrine is applicable to non-antagonistic threats, but that his account is not defensible, regardless of whether the threats are antagonistic or not.

Forgotten Victims of Military Humanitarian Intervention: A Case for the Principle of Reparation?

The purpose of this article is briefly to present a case for the principle of reparation as a new jus in bello principle for just humanitarian intervention. The article is divided into three sections. In “Restorative Justice and Civilian Protection”, I investigate the idea of restorative justice in order to consider whether or not it can complement the shortcomings of the just war tradition in civilian protection. In “The Legal Framework on Reparation: Its Scope and Limitations”, I examine the scope of the law of armed conflict on reparatory measures in order to consider whether and how ideas of and measures for restorative justice might be incorporated in the jus in bello framework for military humanitarian intervention. In “The Issue of Civilian Victims: A Case for Reparation”, I explore the implications of reparatory measures for victims in order to suggest that these measures are not only beneficial to civilian victims but also imperative to be taken by the interveners if they undertake military intervention within the jus in bello framework and claim its moral justifiability.     

RAGING WITH THE TRUTH: Condemnation and Concealment in the Poetry of Blake and Hill

An analysis of Geoffrey Hill's lyric poem about William Blake illuminates the relations between art, prophecy, and imperial politics across more than two centuries. Hill's poem responds to David V. Erdman's argument that Blake was resolutely, if ineffectually and sometimes secretly, opposed to war. It also establishes Hill's own cryptic but definite resistance to contemporary war and warmongers, while it mourns poetry's public powerlessness to halt the violent competition for material resources. Ignored by the majority, poetry fails to bring about the ethical social change that poets often envision. The layering of perspectives (Hill the poet and scholar writing about Erdman the scholar, who is explicating Blake the poet and artist) allows for a multidimensional interpretation of the role of poets and prophetic poetry. Despite their fury at society's deafness and greed, and frustration at their own incapacities, poets—because if they are great poets, they are prophets, too—continue to speak to their audiences about the problems of this world and about the better worlds that can be imagined. Hill's text obliquely teaches how the small success of a great poem can provide a minor note of consolation as it objects to terror and tyranny.     

Physical Correlates of Torture Exposure in Karen Refugees

We explored associations between torture history and physical health symptoms of 111 Karen refugees newly arrived to the United States. We conducted a retrospective cross-sectional analysis of electronic health data collected at the initial refugee health-screening exam. Unique to this analysis was the exploration of relationships between torture exposure, war trauma, and presenting physical and psychological health issues. We identified no unique effects of torture on physical health above and beyond trauma exposure. Overall, in our sample we found a high prevalence of underlying infectious conditions, pain, and hypercholesterolemia, regardless of torture exposure. We discuss effects of war trauma and torture experiences on physical exam findings and implications for future research.     

Social relationships and social support among post‐war youth in Northern Uganda

Although social relationships and social support are salient factors for post‐war adolescents' psychosocial coping and adjustment, there is only limited information regarding war‐affected adolescents' views on social support and the relationships within which social support is provided. This study therefore explored both elements among a clinical sample of 20 adolescents living in post‐war Northern Uganda. Following Braun and Clarke's thematic analysis, we found a prominent role of the biological mother and other primary biological family members in the upbringing of our participants. Spiritual and material support were perceived to be the most important type of support, respectively, while the adolescents were growing up and in their current lives. These findings provide support for the perception that caregiving systems are adaptable to particular sociocultural contexts. Further, the importance of particular functions of social support could signify a potentially selective buffering effect of these functions in adverse contexts. Because of the importance of the primary biological family and the salient role of parent–child relationships in the face of adversity, future research needs to focus on this particular kind of social relationship in contexts of prolonged collective violence.     

The Politics of Trauma Studies: What Can We Learn From Women Combatants' Experiences of Traumatic Events in Conflict Zones?

Wars, combat, and political developments triggered the study of trauma. Knowledge about trauma initially emerged from the experiences of men combatants in the battlefield. At a later stage, the study of trauma focused on women and children subject to violence and abuse. The current research suggests that additional aspects of trauma can be understood through the study of competent women exposed to traumatic events and not merely as victims of war or abuse. The study offers an analysis of women combatants' narratives of their exposure to traumatic events in conflict zones. Data were obtained from two focus groups and a series of 30 personal interviews of women veterans who served in the IDF. Interviewing women combat soldiers revealed a variety of narratives of their war experiences, including the intertwining of the emotional and the physical. The window to understanding the trauma was opened by analysis of the responses of the women combatants to potentially traumatic events rather than by focusing on post‐traumatic stress disorder (PTSD) per se. We emphasize the need for a critical perspective in the study of trauma and combat trauma and propose that there is value in engaging with and listening to diverse narratives of trauma.     

Truce thinking and just war theory

In his book, A Theory of Truces, Nir Eisikovits offers a perceptive and timely ethics of truces based on the claim that we need to reject the ‘false dichotomy between the ideas of war and peace’ underpinning much current thought about conflict and conflict resolution. In this article, I concur that truces and ‘truce thinking’ should be a focus of concern for any political theory wishing to address the realities of war. However, Eisikovits’s account, to be convincing, requires engagement with a tradition of thought figuring only marginally in his reflections on truces, that is, just war theory. I argue this for three reasons. Without incorporation of the just war principles that should inform the decisions to enter conflict, to maintain conflict, and to cease conflict, any theory of truces will be, first, normatively inadequate, failing to provide us with requisite direction, and, second, open to the charge of permitting intolerable injustices, a charge Eisikovits wishes to avoid. Third, engagement with just war theory is important for arriving at a nuanced understanding of peacemaking, one which grants truces their place in our deliberations and spurns simplistic ‘war versus peace’ binaries whilst keeping more ambitious ideals of peace firmly in sight.     

Who Deserves Faulty Products? How Blaming the Victim Prevents Consumer Punitive Action

A core requirement of a functioning free‐market system is that consumers hold companies accountable for selling faulty products. Following a harmful product failure, any blame that is incorrectly directed toward the victim may threaten consumer well‐being. Four experiments—in contexts of both fictitious and actual high‐profile product failures—show that this may in fact occur. The findings show that for a victim possessing immoral character: (a) consumers exaggerate blame because, (b) the victim is seen as deserving of suffering in general and, as a result, (c) consumers are less likely to take punitive action against the company (e.g., petition signing, negative word of mouth, and supporting financial justice). One field experiment and three online experiments converge to show that morality's effects are unique from other traits (e.g., sociability), but may be attenuated based on severity of harm to the victim and consumers’ own beliefs about justice. In sum, the current research furthers understanding of how and why victims are blamed, how doing so may threaten consumer and societal well‐being, and how it might be prevented.     

Caregiving representations in war conditions: Associations with maternal trauma,mental health,and mother–infant interaction

Risk features in mothers’ caregiving representations remain understudied in dangerous environments where infants most urgently need protective parenting. This pilot study examines the feasibility of a novel coding system for the Parent Development Interview (PDI) interview (ARR, Assessment of Representational Risk) in assessing 50 war-exposed Palestinian mothers’ caregiving representations. First, we explored the content and structure of risks in the representations. Second, we examined associations between the high-risk representations, mothers’ pre- and postnatal exposure to traumatic war events (TWE), depressive and post-traumatic stress disorder (PTSD) symptoms, and self-rated emotional availability (EA) with their 1-year-old infants. Following three dimensions of high-risk caregiving representations were identified: self/dyadic dysregulation, unavailable, and fearful. Mothers’ prenatal depressive symptoms were associated with dysregulating and fearful representations, and their postnatal PTSD with fearful representations. TWE were not associated with the high-risk representations. Moreover, mothers of boys reported more fearful representations, and mothers with financial difficulties reported more unavailable representations. TWE and high-risk representations were not associated with EA. However, qualitative analysis of the representations indicated risks in the mother–infant relationship. Further, older mothers and mothers with postnatal PTSD reported lower EA. Cultural variance in caregiving representations and the use of self-report measures among traumatized mothers are discussed.