Framing Trials for Past Abuses Through an “Educative Dialogue”: Recovering the Formative Role of Conflict in a Democracy
Bibliographic record
Abstract
Various thinkers of transitional democracy have attempted to justify trials for past state-sanctioned abuses by pointing to their ability to pedagogically showcase the principles and benefits of deliberation. 1 Such trials are thought to stage a public forum where post-conflict disagreements can be conciliated through an "educative dialogue" sustained by the consensual regulative principles inherent in court procedures. In this essay, I argue that an interpretative model that seeks to justify and understand such trials by emphasizing the effects of an "educative dialogue," that strives for social unanimity and mutual understanding, overlooks the formative pedagogical role that conflict plays in a democracy. I unravel this point by critically engaging with the conceptual shortcomings found in the work of Mark Osiel and Carlos Nino, two legal thinkers who respectively develop a deliberative pedagogical proposal from their reading of the 1985 Trial of the Military in Argentina. Given that their interpretation draws on certain philosophical assumptions regarding the way in which democracy and education are linked through deliberation, I begin with a gloss on how this link is generally conceived. I then examine how deliberation is envisioned by "transitional scholars" who concern themselves with the educative role that criminal trials play in a new democracy. Following my working through of Osiel and Nino's claims, I utilize "radical democracy" theory to offer another reading of the Trial of the Military, one that necessitates a more dynamic sense of the pedagogical and can account for the formative role of conflict and exclusions in reproducing and sustaining democratic subjectivity.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".