Negative Aesthetic Experiences of Prosecuting the Barely Alive
Document Type
Article
Publication Title
International Criminal Law Review
Publication Date
2022
DOI
https://doi.org/10.1163/15718123-bja10089
Abstract
Theories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of “ugly” visual and oral evidence may be justified in service of the aims of the trial. But when the “barely alive” are prosecuted, however, a justification for a negative aesthetic experience may not exist. In this paper, I argue that due to their vulnerability and the need to protect their dignity, individuals who have been accused of mass atrocity crimes but who are nearing the end of their lives should generally not be subjected to public trial and punishment. The negative aesthetic experiences generated by displaying someone close to death in that setting cannot be justified by positive aesthetic or moral experiences.
Recommended Citation
Shannon Fyfe, Negative Aesthetic Experiences of Prosecuting the Barely Alive, 22 Int'l Crim. L. Rev. 23 (2022).