Justice In Transition
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| Author | : Paul Gready |
| Publisher | : Cambridge University Press |
| Total Pages | : 345 |
| Release | : 2019-02-21 |
| Genre | : Political Science |
| ISBN | : 1108668577 |
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
| Author | : Tricia D. Olsen |
| Publisher | : United States Institute of Peace Press |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : Philosophy |
| ISBN | : 9781601270535 |
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
| Author | : Anna Eriksson |
| Publisher | : Willan |
| Total Pages | : 255 |
| Release | : 2013-05-13 |
| Genre | : Social Science |
| ISBN | : 1134027230 |
This book provides a unique account of the high-profile community-based restorative justice projects in the Republican and Loyalist communities that have emerged with the ending of the conflict in Northern Ireland. Unprecedented new partnerships between Republican communities and the Police Service of Northern Ireland have developed, and former IRA and UVF combatants and political ex prisoners have been amongst those involved. Community restorative justice projects have been central to these groundbreaking changes, acting as both facilitator and transformer. Based on an extensive range of interviews with key players in this process, many of them former combatants, and unique access to the different community projects this books tells a fascinating story. At the same time this book explores the wider implications for restorative justice internationally, highlighting the important lessons for partnerships between police and community in other jurisdictions, particularly in the high-crime alienated neighbourhoods which exist in most western societies, as well as transitional ones. It also offers a critical analysis of the roles of both community and state and the tensions around the ownership of justice, and a critical, unromanticized assessment of the role of restorative justice in the community.
| 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.
| Author | : Paige Arthur |
| Publisher | : Cambridge University Press |
| Total Pages | : 393 |
| Release | : 2010-12-13 |
| Genre | : Law |
| ISBN | : 1139495542 |
In many societies, histories of exclusion, racism and nationalist violence often create divisions so deep that finding a way to deal with the atrocities of the past seems nearly impossible. These societies face difficult practical questions about how to devise new state and civil society institutions that will respond to massive or systematic violations of human rights, recognize victims and prevent the recurrence of abuse. Identities in Transition: Challenges for Transitional Justice in Divided Societies brings together a rich group of international researchers and practitioners who, for the first time, examine transitional justice through an 'identity' lens. They tackle ways that transitional justice can act as a means of political learning across communities; foster citizenship, trust and recognition; and break down harmful myths and stereotypes, as steps toward meeting the difficult challenges for transitional justice in divided societies.
| Author | : Hugo van der Merwe |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 366 |
| Release | : 2008-02 |
| Genre | : History |
| ISBN | : 9780812240597 |
"Of the truth commissions to date, the South African Truth and Reconciliation Commission (TRC) has most effectively captured public attention throughout the world and provided the model for succeeding bodies. Although other truth commissions had preceded its establishment, the TRC had a far more expansive mandate: to go beyond truth-finding to promote national unity and reconciliation, to facilitate the granting of amnesty to those who made full factual disclosure, to restore the human and civil dignity of victims by providing them an opportunity to tell their own stories, and to make recommendations to the president on measures to prevent future human rights violations.
| 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 | : Matthew Evans |
| Publisher | : Routledge |
| Total Pages | : 268 |
| Release | : 2018-06-27 |
| Genre | : Law |
| ISBN | : 1351239449 |
Transitional justice mechanisms employed in post-conflict and post-authoritarian contexts have largely focused upon individual violations of a narrow set of civil and political rights, as well as the provision of legal and quasi-legal remedies, such as truth commissions, amnesties and prosecutions. In contrast, this book highlights the significance of structural violence in producing and reproducing rights violations. The book further argues that, in order to remedy structural violations of human rights, there is a need to utilise a different toolkit from that typically employed in transitional justice contexts. The book sets out and applies a definition of transformative justice as expanding upon, and providing an alternative to, transitional justice. Focusing on a comparative study of social movements, nongovernmental organisations and trade unions working on land and housing rights in South Africa, and their network relationships, the book argues that networks of this kind make an important contribution to processes advancing transformative justice.
| Author | : Ruti G. Teitel |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2002-03-28 |
| Genre | : Law |
| ISBN | : 019988224X |
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
| Author | : Nicola Frances Palmer |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Human rights |
| ISBN | : 9781780680354 |
In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question.
