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Journal of the Polish Section of IVR (ISSN:2082-3304)

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Political, Moral or Criminal? Reflections on Guilt Based on Karl Jaspers’ Theory

Mgr Justyna Jezierska

University of Wrocław

Abstract: This article concerns guilt as a concept which lies at the intersection of law and philosophy. My reflections are founded on Karl Jaspers’ lectures entitled The Question of German Guilt. Jaspers distinguished four types of guilt: criminal, political, moral, and metaphysical. This distinction was made immediately after the Second World War, during the Nuremberg trials, when the problem of the German guilt was widely debated – both by the Allies, the victors, and in the German society. What is superimposed on this distinction is the issues of collective and individual guilt. A clear demarcation was intended (according to the philosopher himself) to clarify these issues and to come to the truth. My task in this text was to present Karl Jaspers’ guilt theory, to explain its ambiguous fragments, to challenge the objections against this theory, and to attempt to apply it to the Polish discussion about lustration.

Keywords: guilt, political responsibility, collective guilt, individual guilt, lustration, memory studies

Language: Polish

Received: 17.09.2017
Accepted: 10.10.2017

Published: Number 2(17)/2018, pp. 90-101.

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Filed Under: Articles Tagged With: collective guilt, guilt, individual guilt, Justyna Jezierska, lustration, memory studies, political responsibility

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Keywords

Agnieszka Bielska-Brodziak political theology sincerity principle Mariola Żak monocentrism Saul Kripke law psycholinguistics extraordinary appeal institutional critique culture of independence art history legal kinds political participation of women judgment justifications external and internal perspectives legal knowledge civic participation US case law moral originalism specificity of bioethics legislative lawful excuse (justification) conflict management temporal nature of social systems sociological jurisprudence Katarzyna Mikołajczyk-Graj self-realization threefold social order legal cognition Benjamin Constant justification of interpretive claim axiological interpretation of law state of exception respect for law Social Insurance Institution legal indeterminacy law and popular culture reactive attitudes morality Feminist Jurisprudence legislative construction judicial deliberations nominal style culture of authority Karol Staśkiewicz obligation Legal ontology Tbilisi protection of the memory of the deceased

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