为犯罪受害者伸张正义:彻底转变思维模式的时机终于到来了吗?

IF 0.3 Q4 CRIMINOLOGY & PENOLOGY Temida Pub Date : 2022-01-01 DOI:10.2298/tem2201007f
E. Fattah
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引用次数: 0

摘要

为什么惩罚变成了正义的同义词而正义变成了惩罚的委婉说法?为什么正义和惩罚几乎可以互换?为什么“为受害者伸张正义”这样的口号?总是被解释为要求更多更严厉的惩罚。惩罚真的等同于正义吗?犯罪受害者真的是嗜血成性,完全沉迷于寻求惩罚吗?在我的职业生涯中,有一个令人不安的问题一直困扰着我,我花了许多个不眠之夜试图找到答案,那就是:惩罚,故意施加痛苦和折磨,剥夺自由,或故意杀死一个充满活力的人,怎么可能被称为或被视为正义,被视为对受害者最恰当的回应?痛苦吗?受害者,正如Nils Christie所说,是冲突的主要所有者(Christie, 1977),他们的产权被篡夺了,他们的合法会费以Wergeld的形式支付给他们,这是怎么回事?还是被国家征用,被引导相信正义就是复仇和报复,惩罚越严厉,判决越公正?报应,赎罪,赎罪和忏悔这些神学上抽象的概念是如何在人们心中根深蒂固的?美国人是否认为,任何理性思考、科学证据、经济危机、人道主义努力似乎都无法动摇这种宗教信仰,也无法减少不断要求惩罚的呼声?为什么惩罚已被普遍接受、极其流行和广泛实施,以至于人民和政府,即使在最困难的经济时期,也宁愿浪费数十亿美元,只为了给那些违反人为法律的同胞造成痛苦和折磨?是时候提出这样的问题了:21世纪的社会是否经历了一场社会、文化和道德的演变,使受害者得到报复性的正义?彻底转变的范例已经成熟?这些只是一些乞求答案的复杂而困难的问题,这些问题将在本文中进行研究。
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Justice for crime victims: has the time finally come for a radical paradigm shift?
How is it that punishment has become synonymous with justice and that justice has become a euphemism for punishment? How is it that justice and punishment have become almost interchangeable terms? How is it that slogans such as ?justice for victims? are invariably interpreted as demands for more and harsher punishments. Is punishment truly synonymous with justice? Are crime victims really bloodthirsty and totally obsessed with a quest for punishment? A troubling question that has haunted me throughout my professional life, a question that I spent many sleepless nights trying to find the answer to, is: How could it be that punishment, the deliberate infliction of pain and suffering, the deprivation of liberty, or deliberately putting a human being full of life to death be called or perceived as justice and be seen as the most appropriate response to victims? sufferings? How is it that victims who, as Nils Christie said, are the primary owners of the conflict (Christie, 1977) whose property rights were usurped, and whose rightful dues paid to them in the form of ?Wergeld? or the composition was expropriated by the state, were led to believe that justice is vengeance and retaliation and that the harsher the punishment, the more just is the judgment? How is it that the theological and abstract notions of retribution, expiation, atonement and penitence became so entrenched in people?s minds that no rational thinking, no scientific evidence, no economic crisis, no humanitarian endeavour seems to be capable of shaking such religious beliefs or lessening the incessant demands for punishment? How is it that punishment has become so universally accepted, extremely popular and so widely practised that people and governments, even in the harshest economic times, are more than willing to waste billions and billions of dollars for no other reason but to inflict pain and suffering on those fellow citizens who have violated man-made laws? The time has come to ask whether 21st century society has undergone a social, cultural and moral evolution that makes the retributive ?justice for victims? paradigm ripe for a radical shift? These are just some of the complex and difficult questions that are begging for answers and that will be examined in this paper.
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来源期刊
Temida
Temida CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
5
审稿时长
8 weeks
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