Transitional Justice In Aparadigmatic Contexts

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Transitional Justice in Aparadigmatic Contexts

Tine Destrooper,Line Engbo Gissel,Kerstin Bree Carlson
Transitional Justice in Aparadigmatic Contexts Book PDF

Author : Tine Destrooper,Line Engbo Gissel,Kerstin Bree Carlson
Publisher : Taylor & Francis
Page : 185 pages
File Size : 46,9 Mb
Release : 2023-03-23
Category : Law
ISBN : 9781000845600

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Transitional Justice in Aparadigmatic Contexts by Tine Destrooper,Line Engbo Gissel,Kerstin Bree Carlson Pdf

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights. The Introduction, Chapter 8 and the Concluding Remarks of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Chapter 8 Divergent Ambitions

Tine Destrooper,Par Engstrom
Chapter 8 Divergent Ambitions Book PDF

Author : Tine Destrooper,Par Engstrom
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2023
Category : Electronic
ISBN : 1032266155

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Chapter 8 Divergent Ambitions by Tine Destrooper,Par Engstrom Pdf

This chapter concludes the volume, drawing together its different theoretical and empirical chapters. It argues that there is merit in looking beyond paradigmatic transitional contexts, since such a focus allows transitional justice to become relevant for a variety of justice actors, enables a decolonization of the field, and offers a new perspective on what can be expected of transitional justice. To make this argument the chapter discusses five themes that surface in the empirical chapters describing when transitional justice travels to aparadigmatic cases: 1. Pluralism and the unsettled character of transitional justice. 2. The standardisation of localized justice initiatives. 3. Ongoing transitions. 4. Political will and legitimacy. 5. Bridging the divide between scholars and practitioners. These five themes help to understand the contemporary field of transitional justice as it has expanded from transitional to non-transitional, aparadigmatic contexts.

Transitional Justice in Comparative Perspective

Samar El-Masri,Tammy Lambert,Joanna R. Quinn
Transitional Justice in Comparative Perspective Book PDF

Author : Samar El-Masri,Tammy Lambert,Joanna R. Quinn
Publisher : Springer Nature
Page : 244 pages
File Size : 44,5 Mb
Release : 2020-01-17
Category : Political Science
ISBN : 9783030349172

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Transitional Justice in Comparative Perspective by Samar El-Masri,Tammy Lambert,Joanna R. Quinn Pdf

What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.

Theorizing Transitional Justice

Claudio Corradetti,Nir Eisikovits
Theorizing Transitional Justice Book PDF

Author : Claudio Corradetti,Nir Eisikovits
Publisher : Routledge
Page : 360 pages
File Size : 53,5 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317010869

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Theorizing Transitional Justice by Claudio Corradetti,Nir Eisikovits Pdf

This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

Law in Transition

Ruth Buchanan,Peer Zumbansen
Law in Transition Book PDF

Author : Ruth Buchanan,Peer Zumbansen
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 42,6 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254126

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Law in Transition by Ruth Buchanan,Peer Zumbansen Pdf

Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School

Transitional Justice

Hakeem O. Yusuf,Hugo van der Merwe
Transitional Justice Book PDF

Author : Hakeem O. Yusuf,Hugo van der Merwe
Publisher : Routledge
Page : 235 pages
File Size : 44,8 Mb
Release : 2021-09-06
Category : Law
ISBN : 9781317642541

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Transitional Justice by Hakeem O. Yusuf,Hugo van der Merwe Pdf

Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

Research Handbook on Transitional Justice

D Jacobs
Research Handbook on Transitional Justice Book PDF

Author : D Jacobs
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 55,5 Mb
Release : 2024-06-11
Category : Electronic
ISBN : 9781781955314

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Research Handbook on Transitional Justice by D Jacobs Pdf

Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.

Transitional Justice Theories

Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth
Transitional Justice Theories Book PDF

Author : Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth
Publisher : Routledge
Page : 264 pages
File Size : 51,9 Mb
Release : 2013-10-30
Category : Law
ISBN : 9781135055059

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Transitional Justice Theories by Susanne Buckley-Zistel,Teresa Koloma Beck,Christian Braun,Friederike Mieth Pdf

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.

After Violence

Elin Skaar,Camila Gianella Malca,Trine Eide
After Violence Book PDF

Author : Elin Skaar,Camila Gianella Malca,Trine Eide
Publisher : Routledge
Page : 250 pages
File Size : 53,9 Mb
Release : 2015-04-17
Category : Law
ISBN : 9781317696902

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After Violence by Elin Skaar,Camila Gianella Malca,Trine Eide Pdf

After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

Restorative Justice in Transitional Settings

Kerry Clamp
Restorative Justice in Transitional Settings Book PDF

Author : Kerry Clamp
Publisher : Routledge
Page : 226 pages
File Size : 47,6 Mb
Release : 2016-02-12
Category : Social Science
ISBN : 9781317529231

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Restorative Justice in Transitional Settings by Kerry Clamp Pdf

Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.

Transitional Justice

Ruti G. Teitel
Transitional Justice Book PDF

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 304 pages
File Size : 49,7 Mb
Release : 2000-06-29
Category : Political Science
ISBN : 0199728011

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Transitional Justice by Ruti G. Teitel Pdf

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.

Transitional Justice from Below

Kieran McEvoy,Lorna McGregor
Transitional Justice from Below Book PDF

Author : Kieran McEvoy,Lorna McGregor
Publisher : Bloomsbury Publishing
Page : 233 pages
File Size : 49,8 Mb
Release : 2008-07-15
Category : Political Science
ISBN : 9781847314420

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Transitional Justice from Below by Kieran McEvoy,Lorna McGregor Pdf

Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".

Clarifying the Past

Cira Pallí-Asperó
Clarifying the Past Book PDF

Author : Cira Pallí-Asperó
Publisher : Taylor & Francis
Page : 345 pages
File Size : 49,7 Mb
Release : 2022-10-13
Category : History
ISBN : 9781000726046

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Clarifying the Past by Cira Pallí-Asperó Pdf

Clarifying the Past provides a comprehensive analysis of state-sponsored historical commissions operating in conflicted and divided societies, developing a theoretical and methodological framework within the historical dialogue paradigm, key to understanding the work of such commissions. The theoretical and methodological framework is complemented with an extensive empirical analysis of 27 historical commissions that operated in different social and political contexts from 1990s to the present. The detailed examination of these cases gives a broad perspective into the potential capacities of historical commissions in different settings. Although only sampling the most recent cases, this volume shows how the steady increase of the number of historical commissions indicates that we are not dealing with a marginal phenomenon. The increased recognition of the potential of historical commissions to address the legacies of contested pasts and potential introduction of such commissions to transitional justice, makes this book highly relevant. This book has been written with the objective of deepening and broadening the existing knowledge on state-sponsored historical commissions. Its intended audiences are scholars and practitioners in the fields of historical theory, public history, and historical dialogue, transitional justice, peace and conflict studies.

Courtroom Ethnography

Lisa Flower,Sarah Klosterkamp
Courtroom Ethnography Book PDF

Author : Lisa Flower,Sarah Klosterkamp
Publisher : Springer Nature
Page : 246 pages
File Size : 42,8 Mb
Release : 2023-12-29
Category : Social Science
ISBN : 9783031379857

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Courtroom Ethnography by Lisa Flower,Sarah Klosterkamp Pdf

This book provides a comprehensive and interdisciplinary examination of courtroom ethnography. This collection gathers international researchers from a multitude of disciplines to explore three central themes: doing courtroom ethnography, ethnographic studies of the courtroom, and contemporary and critical aspects of courtroom ethnography. It highlights the nuances, negotiations, and issues that ethnographic researchers face in the courtroom. It covers topics like how to study legal actors and lay participants, legal and social processes, norms and rulings, digitalisation and vulnerability, gender and inequalities, and more across a range of legal cases. It presents the current state of the art of the field of courthouse ethnography with a discussion of methodological challenges, modes of access and best practice examples. With practical tips/questions at the end of each chapter, it speaks to students and above in subjects including sociology, criminology, law, geography, sociology of law, conflict studies, socio-legal studies and beyond.

Jus Post Bellum and Transitional Justice

Larry May,Elizabeth Edenberg
Jus Post Bellum and Transitional Justice Book PDF

Author : Larry May,Elizabeth Edenberg
Publisher : Unknown
Page : 128 pages
File Size : 44,8 Mb
Release : 2013
Category : Peace-building
ISBN : 1107501105

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Jus Post Bellum and Transitional Justice by Larry May,Elizabeth Edenberg Pdf

"This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law"--