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Forgiveness and mercy are often thought of as acts that we perform or gifts that we bestow. In this essay the author focuses on character and explores the implications for punishment if one focuses on having a character that is merciful and forgiving in disposition. He argues that the tension that is often thought to exist between justice, on the one hand, and forgiveness and mercy, on the other, is lessened by focusing on the virtue of having a forgiving and merciful character.
This article updates Karen May’s earlier 2012 hypothesis (Could Captain Scott have been saved? Revisiting Scott’s last expedition). In this revised hypothesis, Cecil Meares, not Surgeon E. L. Atkinson, originated the unsubstantiated statement that “Strict injunctions had been given by Scott that the dogs should not be risked in any way.” This hypothesis incorporates new information uncovered since 2012, specifically Meares’ misrepresentations during the Terra Nova expedition; Atkinson’s 1911 journal entries; Atkinson’s 1919 allegation that Meares had “disobeyed orders”; and Tryggve Gran’s “The Race for the South Pole between Scott and Amundsen”, a 1945/post-1945 document that appears to have been Roland Huntford’s source for anecdotes in Huntford’s 1979 Scott–Amundsen biography. The article gives a proposed chronology for how Meares’ early misrepresentations and Gran’s later misunderstandings influenced the decisions, and later presentations, of the Terra Nova expedition.
This article analyzes the international consensus on the Israeli-Palestinian conflict that there should be a two state solution and finds it unworkable on several counts. The conflict has no territorial solution: high population density makes partition impossible without leaving unwanted pockets of one people in the territory of the other; it is not possible for any Israeli government to dismantle settlements in the West Bank without causing a civil war; and in such a small and overcrowded territory, it is not feasible to have monocultural nation-states when the population is now evenly divided between the two conflicting national communities that reside in overlapping areas. Demographic forecasts show in the short term, a decrease in the proportion of Israeli Jews and an increase in the proportion of Palestinians. In the face of this stalemate, the article recalls the 90-year-old proposal by enlightened Jewish personalities to create a binational state under the modality of national-cultural autonomy. Furthermore, and paradoxically, in a reversal of the situation 90 years ago, Palestinian Israeli citizens are slowly creating a bottom-up series of autonomous communal organizations that provide self-government without territorial control, a model for nonterritorial autonomy in a manner that reminds of the earlier proposals of the Jewish personalities. The article concludes that this could potentially be a way out of this stalled and protracted conflict. A plurinational state in Israel-Palestine based on the model of National Cultural Autonomy with shared sovereignty and collective rights for all communities.
This article gives an overview of the current position of minority self-governance within the Serbian legal order and its multilevel governance structure, with a particular focus on issues deriving from the missing legal determination of national minority councils. Although Serbia’s 2009 Law on National Minority Councils was welcomed by the international community, both national minority councils and public agencies have from the very beginning of its operation expressed serious concerns relating inter alia to the unspecified legal status of the councils. This has resulted in frequent misunderstandings in practice and, rather than being real self-governments of national minorities under public law, the councils are usually treated as nongovernmental organizations (NGOs) or organizations under the influence of political parties. Instead of presenting (international) political and social scientific approaches to the legal character of non-territorial autonomy in general, the article focuses on concrete legislative solutions and Constitutional Court practice regarding issues relevant to the de jure status of national minority councils in Serbia, such as election rules, competences, and funding.