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Belonging. The subject conjures up a realm of emotions. In today's world, where increasing numbers of people are on the move, whether voluntarily or forced, it captures the nostalgia one feels for a home left behind or the yearning one has for acceptance in a new community. It can produce feelings of joy or loss even from a distance, as when one follows political, sporting, or family events from afar. It encompasses sentiments of anguish, fear, and resentment when those who wish to belong are rejected or when those within a group feel threatened by those from without. For all the talk today of an interconnected, globalizing world where borders are “not just permeable, but . . . shot through with large holes,” most of us still expect our national borders—the borders of the state where we belong—to be impenetrable, except through the preapproved legal channels.
This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable (but not unproblematic) guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, we emphasize the communicative aspect of the judicial process. The final section, acknowledging the limited success of international criminal justice so far in terms of fulfilling its expressivist potential, diagnoses the main obstacles to, and opportunities for, expressivist messaging in the contemporary practice of international criminal justice.
Carol Sue Snowden worked for thirty years as a librarian at the Columbus Metropolitan Library in Columbus, Ohio. She led a quiet, frugal life, spending money mostly on books, which were her passion. When she died, she donated the money she had saved—over $1 million—to the Columbus library and seven local schools. Most of us would look upon this generosity with admiration, but according to a new movement called Effective Altruism (EA), Snowden got it wrong. While she was right to donate her money, she should have instead directed it to an organization that does the most good overall.
Most people believe that the rights of others sometimes require us to act in ways that have even substantially sub-optimal outcomes, as viewed from an axiological perspective that ranks outcomes objectively. Bringing about the optimal outcome, contrary to such a requirement, is an ‘optimific wronging’. It is less clear, however, that we are required to prevent optimific wrongings. Perhaps the value of the outcome, combined with the relative weakness of prohibitions on allowing harm as compared to those against doing harm, justifies non-intervention. In this article, I consider arguments to that effect, focusing on a recent paper in this journal by Andreas Mogensen. I argue that while we do not, in general, do wrong by failing to prevent optimific wrongings, we are nevertheless not permitted, in key cases, to refrain from intervening on the grounds that not intervening will secure the optimal outcome.
This article analyses the Algerian inquiries of Pierre Bourdieu. It begins by retracing the most pervasive, medium- and long-term interventions of French colonial power in Algerian society: the introduction of capitalism and the internment of civilians in the centres de regroupement. Next, it outlines the social subjects studied by the young agrégé of philosophy and his representation of labour. Subsequent sections deal with shifts in the public stance of Bourdieu regarding the revolutionary propensity of these people. On this tricky testing ground, Bourdieu engaged with and critically confronted the ideas of Germaine Tillion and Frantz Fanon. His position is reviewed from a historical-philological approach in order to set the texts in their temporal and spatial contexts, establish parallels and/or divergences, and verify the effects such comparisons produced. The conclusions emphasize the richness and originality of Bourdieu’s inquiries given the era in which they were made and highlight, in light of the recent global reorientation of labour history, some of the vital viewpoints expressed on the origins of capitalism in the colony.