Abstract

MALAMUD-GOTI, Jaime. Dignity, vengeance and fostering democracy. Estud. Socio-Juríd [online]. 2005, vol.7, n.spe, pp.113-152. ISSN 0124-0579.

ABSTRACT In this paper I set out to expose the basic misconception that, envisaged as they were in Argentina, trials and criminal punishment will improve respect for rights in post dictatorial political systems. In fact, the civic accounting for punishment in this context is fraught with insurmountable obstacles. I will examine this idea as well as the ways in which the 1985 human rights trials in Argentina do not seem to have consolidated democratic institutions but rather the opposite: they eroded the already feeble authority of the judiciary. I also look at the empirical evidence that authoritarian practices still run rampant within that segment of the Argentine community that still favors -or at least justifies- state violence. I tackle the seeming contradiction between the popular support for the trials of human rights violators, on the one hand, and support of brutality on the other. This contradiction may be seen as resulting from a lack of political authority originated (though probably not entirely) under a terrorist state. I claim that the very perceived nature of blame and punishment is caused by an authoritarian practice of governance. Further, I show how this distorted practice of blame becomes a lens through which we observe the Argentine human rights trials. Ultimately, this practice of blame, formalized by the trials, turned into a form of revenge rather than "just punishment".

Keywords : Argentine; criminal responsibility; transitional democracy; victims; retributive emotions; punishment.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )