Remaking Transitional Justice in the United States

Remaking Transitional Justice in the United States
Author: James Edward Beitler III
Publisher: Springer Science & Business Media
Total Pages: 174
Release: 2012-11-09
Genre: Psychology
ISBN: 1461452953

​Remaking Transitional Justice in the United States: The Rhetoric of the Greensboro Truth and Reconciliation Commission explores rhetorical attempts to authorize the Greensboro Truth and Reconciliation Commission—a grassroots, U.S.-based truth commission created in 2004 toredress past injustices in the city. Through detailed rhetorical analyses, the book demonstratesthat the development of the field of transitional justice has given rise to a transnational rhetorical tradition that provides those working in the field with series of “enabling constraints.” The book then shows how Greensboro stakeholders attempted to reaccentuate this rhetorical tradition in their rhetorical performances to construct authority and bring about justice, even as the tradition shaped their discourse in ways that limited the scope of their responses. Calling attention to the rhetorical interdependence among practitioners of transitional justice, this study offers insights into the development of transitional justice in the United States and in grassroots contexts in other liberal democracies. The volume is a relevant guide to scholars and practitioners of transitional justice as it brings into relief mechanisms of transitional justice that are frequently overlooked—namely, rhetorical mechanisms. It also speaks to any readers who may be interested in the communicative strategies/tactics that may be employed by grassroots transitional justice initiatives.

United States Law and Policy on Transitional Justice

United States Law and Policy on Transitional Justice
Author: Zachary Daniel Kaufman
Publisher: Oxford University Press
Total Pages: 383
Release: 2016
Genre: History
ISBN: 019024349X

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

American Transitional Justice

American Transitional Justice
Author: Natalie R. Davidson
Publisher: Cambridge University Press
Total Pages: 219
Release: 2020-07-02
Genre: History
ISBN: 1108477704

Explores how two landmark transnational human rights lawsuits operated as transitional justice mechanisms in the former Western bloc.

The Era of Transitional Justice

The Era of Transitional Justice
Author: Paul Gready
Publisher: Routledge
Total Pages: 607
Release: 2010-10-18
Genre: Law
ISBN: 1136902198

The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.

Remaking Rwanda

Remaking Rwanda
Author: Scott Straus
Publisher: Univ of Wisconsin Press
Total Pages: 424
Release: 2011-04-18
Genre: History
ISBN: 0299282635

In the mid-1990s, civil war and genocide ravaged Rwanda. Since then, the country’s new leadership has undertaken a highly ambitious effort to refashion Rwanda’s politics, economy, and society, and the country’s accomplishments have garnered widespread praise. Remaking Rwanda is the first book to examine Rwanda’s remarkable post-genocide recovery in a comprehensive and critical fashion. By paying close attention to memory politics, human rights, justice, foreign relations, land use, education, and other key social institutions and practices, this volume raises serious concerns about the depth and durability of the country’s reconstruction. Edited by Scott Straus and Lars Waldorf, Remaking Rwanda brings together experienced scholars and human rights professionals to offer a nuanced, historically informed picture of post-genocide Rwanda—one that reveals powerful continuities with the nation’s past and raises profound questions about its future. Best Special Interest Books, selected by the American Association of School Librarians Best Special Interest Books, selected by the Public Library Reviewers

Closing the Books

Closing the Books
Author: Jon Elster
Publisher: Cambridge University Press
Total Pages: 316
Release: 2004-09-06
Genre: History
ISBN: 9780521548540

An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.

Racial Reckoning

Racial Reckoning
Author: Renee C. Romano
Publisher: Harvard University Press
Total Pages: 279
Release: 2014-10-14
Genre: History
ISBN: 0674966880

Few whites who violently resisted the civil rights struggle were charged with crimes in the 1950s and 1960s. But the tide of a long-deferred justice began to change in 1994, when a Mississippi jury convicted Byron De La Beckwith for the 1963 murder of Medgar Evers. Since then, more than one hundred murder cases have been reopened, resulting in more than a dozen trials. But how much did these public trials contribute to a public reckoning with America’s racist past? Racial Reckoning investigates that question, along with the political pressures and cultural forces that compelled the legal system to revisit these decades-old crimes. “[A] timely and significant work...Romano brilliantly demystifies the false binary of villainous white men like Beckwith or Edgar Ray Killen who represent vestiges of a violent racial past with a more enlightened color-blind society...Considering the current partisan and racial divide over the prosecution of police shootings of unarmed black men, this book is a must-read for historians, legal analysts, and journalists interested in understanding the larger meanings of civil rights or racially explosive trials in America.” —Chanelle Rose, American Historical Review

Does the U.S. Need a Truth and Reconciliation Commission?

Does the U.S. Need a Truth and Reconciliation Commission?
Author: Olúfẹ́mi Táíwò
Publisher: Taylor & Francis
Total Pages: 191
Release: 2023-05-31
Genre: Philosophy
ISBN: 1000873595

Written from the perspective of a philosopher and African immigrant, this book makes a forceful moral argument for the need for a Truth and Reconciliation Commission (TRC) in the United States to address the long history of injustice to African-Americans. It shows that a TRC—similar to those established in South Africa and Chile—would rescue the ideals embodied in the U.S. Constitution while expanding their promise. Rejecting more recent views of the country’s founding as an embodiment of incorrigible racial oppression, Olúfẹmi Táíwò sees in the U.S. Constitution, and the original utopia that was at its foundation, the best available means for achieving liberty and justice. But he simultaneously shows how only a TRC can successfully open the path to moving the U.S. past its long legacy of anti-black racism in particular and racial oppression, generally, towards a more perfect union. Written with an immigrant’s love of his new homeland but a clear-eyed view of its major shortcomings, the book rejects the idea of American exceptionalism in prescribing a solution that has worked elsewhere. Key Features A clear view of the wide chasm between the ideals established at the U.S.’s founding and the subsequent society that developed. Combines first-person experiences of the author with close readings of modern political philosophy, W.E.B. Du Bois, Martin Luther King, Jr., Derrick Bell, and others. Traces the link between the denial of citizenship to Blacks, both historically and today, and anti-Black violence. Shows how an obsession with the law and legal reform will never adequately address the fundamental problem of anti-Black oppression. Shows philosophically the necessity of establishing a consensual view of the truth, and how it must precede any effective reconciliation.

From Apartheid to Democracy

From Apartheid to Democracy
Author: Katherine Elizabeth Mack
Publisher: Penn State Press
Total Pages: 173
Release: 2015-06-18
Genre: Language Arts & Disciplines
ISBN: 0271065729

South Africa’s Truth and Reconciliation Commission (TRC) hearings can be considered one of the most significant rhetorical events of the late twentieth century. The TRC called language into action, tasking it with promoting understanding among a divided people and facilitating the construction of South Africa’s new democracy. Other books on the TRC and deliberative rhetoric in contemporary South Africa emphasize the achievement of reconciliation during and in the immediate aftermath of the transition from apartheid. From Apartheid to Democracy, in contrast, considers the varied, complex, and enduring effects of the Commission’s rhetorical wager. It is the first book-length study to analyze the TRC through such a lens. Katherine Elizabeth Mack focuses on the dissension and negotiations over difference provoked by the Commission’s process, especially its public airing of victims’ and perpetrators’ truths. She tracks agonistic deliberation (evidenced in the TRC’s public hearings) into works of fiction and photography that extend and challenge the Commission’s assumptions about truth, healing, and reconciliation. Ultimately, Mack demonstrates that while the TRC may not have achieved all of its political goals, its very existence generated valuable deliberation within and beyond its official process.

Rethinking Transitional Gender Justice

Rethinking Transitional Gender Justice
Author: Rita Shackel
Publisher: Springer
Total Pages: 394
Release: 2018-10-08
Genre: Social Science
ISBN: 3319778900

This book draws together established and emerging scholars from sociology, law, history, political science and education to examine the global and local issues in the pursuit of gender justice in post-conflict settings. This examination is especially important given the disappointing progress made to date in spite of concerted efforts over the last two decades. With contributions from both academics and practitioners working at national and international levels, this work integrates theory and practice, examining both global problems and highly contextual case studies including Kenya, Somalia, Peru, Afghanistan and DRC. The contributors aim to provide a comprehensive and compelling argument for the need to fundamentally rethink global approaches to gender justice.