American Transitional Justice
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| Author | : Global South Study Center (GSSC), University of Cologne |
| Publisher | : Lexington Books |
| Total Pages | : 216 |
| Release | : 2015-10-22 |
| Genre | : History |
| ISBN | : 1498513867 |
Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that “transitional justice”—understood as both a conceptual framework shaping discourses and a set of political practices—is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America’s reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm’s reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?
| Author | : Lisa Magarrell |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 308 |
| Release | : 2010-04-14 |
| Genre | : History |
| ISBN | : 9780812221138 |
An insider's look at the Greensboro Truth and Reconciliation Commission's process, strategic choices, challenges, and context, Learning from Greensboro tells the story of how one U.S. community struggled to come to terms with events in its past and model truth-seeking as a tool for addressing the country's legacy of racist violence.
| Author | : Elin Skaar |
| Publisher | : Routledge |
| Total Pages | : 353 |
| Release | : 2016-10-27 |
| Genre | : Law |
| ISBN | : 1317526201 |
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
| Author | : Colleen Murphy |
| Publisher | : Cambridge University Press |
| Total Pages | : 233 |
| Release | : 2017-04-19 |
| Genre | : Law |
| ISBN | : 1108228607 |
Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
| Author | : Christine Bell |
| Publisher | : Routledge |
| Total Pages | : 285 |
| Release | : 2016-02-17 |
| Genre | : Law |
| ISBN | : 1317007271 |
This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.
| Author | : Naomi Roht-Arriaza |
| Publisher | : Cambridge University Press |
| Total Pages | : 317 |
| Release | : 2006-09-14 |
| Genre | : Social Science |
| ISBN | : 1139458655 |
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
| Author | : Annie R. Bird |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2015-02-04 |
| Genre | : Political Science |
| ISBN | : 0199338426 |
Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.
| Author | : Cath Collins |
| Publisher | : Penn State Press |
| Total Pages | : 293 |
| Release | : 2010 |
| Genre | : Political Science |
| ISBN | : 0271036877 |
"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.
| Author | : Arnaud Kurze |
| Publisher | : Indiana University Press |
| Total Pages | : 306 |
| Release | : 2019-01-10 |
| Genre | : Political Science |
| ISBN | : 0253039932 |
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
| Author | : Hugo Van der Merwe |
| Publisher | : US Institute of Peace Press |
| Total Pages | : 348 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 1601270364 |
In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.
