Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?
"Breaking the Cycles of Hatred" represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.
A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
"For policy-makers responsible for reconstructing Iraq or seeking to follow a road map to peace in the Middle East as well as for lay people who care about international relations, this book offers needed reflection on the conditions necessary for resolution of intense and long-standing conflicts... Through a unique blend of legal and political theory and a fascinating variety of insights and connections, the authors of Breaking the Cycles of Hatred have produced a highly commendable set of essays that provide a thoughtful perspective for the events of our day. They merit reading and re-reading."--Annette Johnson, The New York Law Journal
Acknowledgments viiIntroduction: Memory, Law, and Repair by NANCY L. ROSENBLUM 11. Breaking the Cycles of Hatred 14Memory and Hate: Are There Lessons from Around the World? 14Regulating Hatred: Whose Speech, Whose Crimes, Whose Power? 31Between Nations and Between Intimates: Can Law Stop the Violence? 56by MARTHA MINOW2. Justice and the Experience of Injustice by NANCY L. ROSENBLUM 773. Righting Old Wrongs by MARC GALANTER 1074. Reluctant Redress: The U.S. Kidnapping and Internment of Japanese Latin Americans by ERIC K. YAMAMOTO 1325. Memory, Hate, and the Criminalization of Bias-Motivated Violence: Lessons from Great Britain by FREDERICK M. LAWRENCE 1406. Collective Memory, Collective Action, and Black Activism in the 1960s by FREDRICK C. HARRIS 1547. Beyond Memory: Child Sexual Abuse and the Statute of Limitations by ROSS E. CHEIT AND CAREY JAROS 1708. Peace on Earth Begins at Home: Reflections from the Women's Liberation Movement by JUDITH LEWIS HERMAN 1889. The Thin Line between Imposition and Consent: A Critique of Birthright Membership Regimes and Their Implications by AYELET SHACHAR 20010. When Memory Speaks: Remembrance and Revenge in Unforgiven by AUSTIN SARAT 23611. Power, Violence, and Legitimacy: A Reading of Hannah Arendt in an Age of Police Brutality and Humanitarian Intervention by IRIS MARION YOUNG 260Notes on Contributors 289Index 291