Transition And Justice
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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 | : 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.
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 | : 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 | : Sonja Klinsky |
Publisher | : Routledge |
Total Pages | : 136 |
Release | : 2018-04-27 |
Genre | : Business & Economics |
ISBN | : 1351854917 |
Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.
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 Rojas |
Publisher | : Springer Nature |
Total Pages | : 222 |
Release | : 2021-10-25 |
Genre | : Law |
ISBN | : 3030811824 |
This book offers a synthesis of the main achievements and pending challenges during the thirty years of transitional justice in Chile after Augusto Pinochet’s dictatorship. The Chilean experience provides useful comparative perspectives for researchers, students and human rights activists engaged in transitional justice processes around the world. The first chapter explains the theoretical foundations of human rights and transitional justice. The second chapter discusses the main historical milestones in Chile’s recent history which have defined the course of the process of transitional justice. The following chapters provide an overview of the key elements of transitional justice in Chile: truth, reparations, memory, justice, and guarantees of non-repetition.
Author | : Nergis Canefe |
Publisher | : Cambridge University Press |
Total Pages | : 333 |
Release | : 2019-11-07 |
Genre | : Law |
ISBN | : 1108422063 |
Establishes links between lack of societal peace, structural causes of human suffering, recurrent patterns of political violence and forced migration in the Global South.
Author | : Susanne Buckley-Zistel |
Publisher | : Routledge |
Total Pages | : 239 |
Release | : 2013-10-30 |
Genre | : Law |
ISBN | : 1135055068 |
Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.