Eichmann in Jerusalem – 50 Years After :An Interdisciplinary Approach ( Beiträge zum Internationalen und Europäischen Strafrecht )

Publication subTitle :An Interdisciplinary Approach

Publication series :Beiträge zum Internationalen und Europäischen Strafrecht

Author: Ambos   Kai;Luis Pereira Coutinho;Maria Fernanda Palma;Paulo de Sousa Mendes  

Publisher: Duncker & Humblot GmbH‎

Publication year: 2012

E-ISBN: 9783428538935

P-ISBN(Paperback): 9783428138937

Subject: K152 World War II (1939 - 1945)

Keyword: Rechts- und Staatswissenschaften

Language: ENG

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Description

On the occasion of the 50th anniversary of the end of the Eichmann trial, the Law Faculty of the University of Lisbon organized and hosted an international colloquium on the book »Eichmann in Jerusalem« that took place on April 27–28, 2011, in Lisbon. The main purpose was to evoke Hannah Arendt's oeuvre and to reflect upon the Eichmann trial. »Eichmann in Jerusalem: A Report on the Banality of Evil« is indeed an important keystone to understanding Arendt's work as a whole and constitutes a reference point in itself when addressing crucial problems in the fields of criminal law, international criminal law and philosophy of law. The main contributions, recollected for publication in the present English edition, give a rare opportunity for a kaleidoscopic and pluralistic series of views, made possible since her book gives an excellent lesson to experts in law and maintains an astonishing actuality. The present book covers aspects as broad and diverse as facing the evil; the legal and the political in Hannah Arendt; Eichmann in Jerusalem and Hannah Arendt's oeuvre; the Eichmann trial; reflections starting from Eichmann in Jerusalem; and finally, contemporary experiences of transitional justice.

Chapter

Preface

Inhaltsverzeichnis

Maria Fernanda Palma: The Banality of Evil or the Exceptionality of Good in Totalitarian Societies

I.

II.

III.

IV.

Paulo Otero: The Eichmann Trial: Evil as a Reaction Against Evil?

I.

II.

III.

Alexandre Franco de Sá: From the Total State to Totalitarianism: Carl Schmitt and Hannah Arendt

Massimo La Torre: Hannah Arendt and the Concept of Law. Against the Tradition

I.

II.

III.

IV.

Rui Guerra da Fonseca: Eichmann in Jerusalem: Between the Legal and the Political in Hannah Arendt's Thought

Introduction

I.

II.

III.

Conclusion

António Araújo: Hannah Arendt, Adolf Eichmann: Of Radical Evil and Its Banality

Luís Pereira Coutinho: The Banality of Evil as Absence of Law

Introduction

I. The Banality of Evil as Absence of Meaning

II. Absence of Meaning as Absence of Law

Miguel Nogueira de Brito: When Thinking Is Acting: The Concept of the Banality of Evil as a Key to Hannah Arendt's Political Thought

Introduction: Reserve Police Battalion 101

I. The Banality of Evil: From the Words to the Idea

II. A Secular Conception of Evil?

III. The Idea of the Banality of Evil in Hannah Arendt's Political Philosophy

1. Arendt's Cosmopolitanism

2. Thinking and the Political Life

3. Obedience and Consent

4. Truth in Political Thought

Paulo de Sousa Mendes: Judging Eichmann to Render Justice

Introduction

I. Searching for Justice

II. Staging a Show Trial

III. The Prosecution Strategy

IV. The Jerusalem Court's Judgment

V. Rendering Justice

VI. Arendt's Thoughts on the Banality of Evil

Conclusion

Kai Ambos: Some Considerations on the Eichmann Case

Introduction

I. Outsiders vs. Insiders and the Fair Trial

II. The Type of Liability Applied to Eichmann: Principal, Accomplice or Something Else?

Miguel Galvão Teles: 50 Years On Eichmann in Jerusalem: A Specific Mode of Criminal Law Retroactivity

Introduction

I. The Question of Retroactivity of the Incriminations from the Standpoint of International Law at the Time

II. Ethico-Legal Consideration of the Incriminations: Retroactivity Regarding Facts that Came to be Characterised, lato sensu, as Crimes Against Humanity

Augusto Silva Dias: The Milgram Experiment and Criminal Liability: An Essay on the Banality of Evil

I. The Milgram Experiment: Results and Impact

II. The Banality of Evil and Crimes Committed in Obedience to Authority: Organized Power Apparatus

Cristina García Pascual: Can Absolute Evil Be Brought to Justice?

Introduction

I. What Is Absolute Evil?

1. Conceptualisation

2. An Evil Without Depth

II. Coping with Absolute Evil

1. Political Problems

2. Moral Problems

3. Legal Problems

An Uncertain Conclusion

Pablo Galain Palermo and Álvaro Garreaud: Truth Commissions and the Reconstruction of the Past in the Post-Dictatorial Southern Cone: Concerning the Limitations for Understanding Evil

Introduction

I. From Radicality to the Banality of Evil

II. Toward an Understanding of Crimes Committed in the Southern Cone

III. Mechanisms of Intervention for the Comprehension and Resolution of Past Crimes

IV. Conclusions

List of Contributors

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