Hello, let me minimize this and enlarge this. And there we are. Okay, so hello and welcome back. Today is lecture 2.2 on the subject of victims, perpetrators, and the state. Now to remind you where we were last time, kind of where we ended. We ended by talking about the spectrum of measures involved in transitional justice. And to remind you, legal scholar Martha Minow argues that you can take all these measures and place them on this spectrum between vengeance and forgiveness. Now, what measures are we talking about? Well, here are some of them, not all, but some of them. They involve formal steps such as trials, truth commissions, or various forms of reparations. That is compensation to victims. Sometimes, under the category of reparations, you can find other terms such as restitution or redress. And to remind you, money is certainly one main form of reparations, but it is not the only form of reparations. There are other ways of I'm making amends that are not about or of a providing relief to victims that are not through money. Lustration is another formal measure. It means the purge basically of state and military personnel, so kind of vetting them and getting rid of those among them who were implicated in the crimes of the previous regime. Or sometimes anyone that was associated with the previous, previous regime loses their position, loses their job. So that's called lustration. And they also include the measures of transitional justice include less formal steps such as the building of memorials. That under commemoration, art projects, therapy is an important thing, certainly for victims, but not only for victims. And also they rewriting of history textbooks so that they reflect more accurately the history of the previous regime and the transition. Now, the reason vengeance and forgiveness are the two kind of polls of that spectrum to two polar opposites of the spectrum is that they mark contradictory approaches to the past. Vengeance, is about holding onto the past, whereas forgiveness is about letting it go. Now today I would like to talk to you about victims, perpetrators, and the state. Transitional justice involves a dynamic relationship between victims, perpetrators, and the state. When I say it is dynamic, I mean that it's a moving relationship, it involves a lot of changes. This is a relationship that defines situations of transitional justice. It's not complete. There's one category, if you will, victims, perpetrators, the state, there's one more category that's missing here, but we will get to that later. Now, the text I have selected to guide us through this discussion of transitional justice is Death and the Maiden, by Ariel Dorfman. I think this play is one of the best text out there on transitional justice. I don't think Ariel Dorfman necessarily wrote the text about transitional justice. But regardless of what his intentions were, I think he has captured here something very fundamental to transitional justice, and he has captured it in a profound way. Now, I admit, I have to admit that lecturing to you about this play makes me feel uncomfortable, uneasy, and I'll tell you why. When I have assigned this play in the past and I have assigned it in courses in the past. They were always kind of small seminars, you know, 15 students, max, tops, 20 students, no more than 20 students. So small groups. And I usually I don't lecture on it, right? I present certain questions and then we have a discussion. I find that a play like this one, it's much better to have a dialogue with the students than it is to lecture to you. But here, because of the structure of the class, I need to lecture to you about it. And that's a bit kind of strange. But you know, it is what it is. So what I'm going to do is I'm going to talk a little bit about the play and present kind of the things that are important to me to bring out about the play, that many people can read the play in many different ways. I'm reading it in relation to a class on transitional justice. So I wanted to emphasize certain things. And then I'll talk about victims, perpetrators, and the state very briefly. And we will end by going over some of the dilemmas involved in transitional justice. All in all, I expect this lecture to be rather short, but as always, we break it into segments. So let's take a break now and come back. We will talk about the play Death and the Maiden.

Lecture 2.2 - part 1

From Ronen Steinberg September 11th, 2020  

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