治国之术的奇观

N. Smith
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引用次数: 0

摘要

尽管进行了大规模的司法改革,为什么民主国家无法垄断暴力?通过考察早期最重要的国家建设机构之一——真相与和解委员会(Truth and Reconciliation Commission),本章表明,国家很难规范公民之间的关系,使他们诉诸法律而不是自己用暴力解决争端。具体来说,它审查了在Sebokeng举行的Victor Kheswa听证会,尽管Kheswa被指控参与了南非历史上最严重的大屠杀之一,他的母亲却以侵犯人权的受害者的身份出现在舞台上。该章节认为,通过宣布Kheswa的母亲为受害者,TRC违背了当地的正义观念,因为她被广泛认为是暴力的推动者,而不是受害者。这种不正当的表现反映了该州在让公民诉诸法律寻求正义方面面临的挑战,因为许多公民认为嫌疑人的程序性权利使法律站在了罪犯一边。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Spectacles of Statecraft
Why was the democratic state unable to monopolize violence despite massive judicial reforms? By considering the Truth and Reconciliation Commission, one of the most important early state-building institutions, the chapter shows the state has had difficulty disciplining relations between citizens such that they would turn to the law to resolve disputes rather than violently doing so themselves. Specifically, it examines the Victor Kheswa hearings in Sebokeng where, despite Kheswa’s alleged involvement in one of the worst massacres in South African history, his mother was put on stage as a victim of human rights abuses. The chapter argues that by proclaiming Kheswa’s mother as a victim, the TRC went against local notions of justice, as she was widely considered to be an enabler of violence, not a victim. This infelicitous performance mirrored the state’s challenges in getting citizens to turn to the law for justice, as many citizens considered suspects’ procedural rights as putting the law on the side of criminals.
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