Transitional Justice In Law History And Anthropology

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Transitional Justice in Law, History and Anthropology

Lia Kent,Melissa Demian
Transitional Justice in Law History and Anthropology Book PDF

Author : Lia Kent,Melissa Demian
Publisher : Routledge
Page : 401 pages
File Size : 46,8 Mb
Release : 2020-06-09
Category : Law
ISBN : 9781000084740

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Transitional Justice in Law, History and Anthropology by Lia Kent,Melissa Demian Pdf

Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between ‘before’ and ‘after’ war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

Anthropology and Law

Mark Goodale
Anthropology and Law Book PDF

Author : Mark Goodale
Publisher : NYU Press
Page : 306 pages
File Size : 54,6 Mb
Release : 2017-05-02
Category : Law
ISBN : 9781479836130

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Anthropology and Law by Mark Goodale Pdf

An introduction to the anthropology of law that explores the connections between law, politics, and technology From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.

Transitional Justice

Alexander Laban Hinton
Transitional Justice Book PDF

Author : Alexander Laban Hinton
Publisher : Rutgers University Press
Page : 284 pages
File Size : 44,8 Mb
Release : 2011
Category : Law
ISBN : 9780813550688

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Transitional Justice by Alexander Laban Hinton Pdf

"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.

Transitional Justice

Prof Dr Chrisje Brants,Professor Antoine Hol,Professor Dina Siegel
Transitional Justice Book PDF

Author : Prof Dr Chrisje Brants,Professor Antoine Hol,Professor Dina Siegel
Publisher : Ashgate Publishing, Ltd.
Page : 434 pages
File Size : 42,5 Mb
Release : 2013-04-28
Category : Social Science
ISBN : 9781409472582

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Transitional Justice by Prof Dr Chrisje Brants,Professor Antoine Hol,Professor Dina Siegel Pdf

Transitional justice is usually associated with international criminal courts and tribunals, but criminal justice is merely one way of dealing with the legacy of conflict and atrocity. Justice is not only a matter of law. It is a process of making sense of the past and accepting the possibility of a shared future together, although perpetrators, victims and bystanders may have very different memories and perceptions, experiences and expectations. This book goes further than providing a legal analysis of the effectiveness of transitional justice and presents a wider perspective. It is a critical appraisal of the different dimensions of the process of transitional justice that affects the imagery and constructions of past experiences and perceptions of conflict. Examining hidden histories of atrocities, public trials and memorialization, processes and rituals, artistic expressions and contradictory perceptions of past conflicts, the book constructs what transitional justice and the imagery involved can mean for a better understanding of the processes of justice, truth and reconciliation. In transcending the legal, although by no means denying the significance of law, the book also represents a multidisciplinary, holistic approach to justice and includes contributions from criminal and international lawyers, cultural anthropologists, criminologists, political scientists and historians.

Injustice, Memory and Faith in Human Rights

Kalliopi Chainoglou,Barry Collins,Michael Phillips,John Strawson
Injustice Memory and Faith in Human Rights Book PDF

Author : Kalliopi Chainoglou,Barry Collins,Michael Phillips,John Strawson
Publisher : Routledge
Page : 236 pages
File Size : 40,7 Mb
Release : 2017-07-20
Category : Law
ISBN : 9781317116615

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Injustice, Memory and Faith in Human Rights by Kalliopi Chainoglou,Barry Collins,Michael Phillips,John Strawson Pdf

This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.

On Mediation

Karl Härter,Carolin F. Hillemanns,Günther Schlee
On Mediation Book PDF

Author : Karl Härter,Carolin F. Hillemanns,Günther Schlee
Publisher : Berghahn Books
Page : 238 pages
File Size : 53,5 Mb
Release : 2020-09-09
Category : Business & Economics
ISBN : 9781789208702

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On Mediation by Karl Härter,Carolin F. Hillemanns,Günther Schlee Pdf

Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

Transitional Justice

Ruti G. Teitel
Transitional Justice Book PDF

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 304 pages
File Size : 49,9 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.

Constitutionalizing Transitional Justice

Cheng-Yi Huang
Constitutionalizing Transitional Justice Book PDF

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
Page : 263 pages
File Size : 44,8 Mb
Release : 2022-11-11
Category : Law
ISBN : 9780429998836

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Constitutionalizing Transitional Justice by Cheng-Yi Huang Pdf

This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

Theorizing Transitional Justice

Claudio Corradetti,Nir Eisikovits
Theorizing Transitional Justice Book PDF

Author : Claudio Corradetti,Nir Eisikovits
Publisher : Routledge
Page : 360 pages
File Size : 50,5 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, History, and Justice

Annette Weinke
Law History and Justice Book PDF

Author : Annette Weinke
Publisher : Berghahn Books
Page : 340 pages
File Size : 45,6 Mb
Release : 2018-12-17
Category : Political Science
ISBN : 9781789201062

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Law, History, and Justice by Annette Weinke Pdf

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.

Constitutionalism and Transitional Justice in South Africa

Andrea Lollini
Constitutionalism and Transitional Justice in South Africa Book PDF

Author : Andrea Lollini
Publisher : Berghahn Books
Page : 240 pages
File Size : 40,9 Mb
Release : 2011
Category : History
ISBN : 9781845457648

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Constitutionalism and Transitional Justice in South Africa by Andrea Lollini Pdf

Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.

Facing the Past

Peter Malcontent
Facing the Past Book PDF

Author : Peter Malcontent
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2016
Category : Collective memory
ISBN : 1780684037

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Facing the Past by Peter Malcontent Pdf

How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And, even more important, what have we learned from the implementation of these so-called instruments of transitional justice in practice? Lawyers, socials scientists, and historians have published shelves full of books and articles on how to confront the past through international criminal tribunals, truth commissions, financial compensation schemes, and other instruments of retributive/punitive and restorative justice. A serious problem continues to be that broad interdisciplinary accounts that include both categories of measures are still hardly available. In this volume, a group of international experts in the field endeavors to fill this gap, and more. By alternating historical overviews with critical assessments, this volume does not only offer an extensive introduction to the world of transitional justice, but also food for thought concerning the effectiveness of the remedies it offers to face the past successfully. (Series: Series on Transitional Justice, Vol. 21) Subject: Human Rights Law, Criminal Justice]

Transitional Justice and the ‘Disappeared’ of Northern Ireland

Lauren Dempster
Transitional Justice and the Disappeared of Northern Ireland Book PDF

Author : Lauren Dempster
Publisher : Routledge
Page : 233 pages
File Size : 46,8 Mb
Release : 2019-06-11
Category : History
ISBN : 9781351239363

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Transitional Justice and the ‘Disappeared’ of Northern Ireland by Lauren Dempster Pdf

This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’

American Transitional Justice

Natalie R. Davidson
American Transitional Justice Book PDF

Author : Natalie R. Davidson
Publisher : Cambridge University Press
Page : 219 pages
File Size : 46,7 Mb
Release : 2020-07-02
Category : History
ISBN : 9781108477703

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American Transitional Justice by Natalie R. Davidson Pdf

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

Truth and Indignation

Ronald Niezen
Truth and Indignation Book PDF

Author : Ronald Niezen
Publisher : University of Toronto Press
Page : 209 pages
File Size : 46,7 Mb
Release : 2017-11-15
Category : History
ISBN : 9781487594381

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Truth and Indignation by Ronald Niezen Pdf

Truth and Indignation, originally published before the conclusion of the Truth and Reconciliation Commission, offered the first close and critical assessment of the TRC as it was unfolding. This new edition includes an epilogue that discusses the Final Report and Calls to Action that emerged from the work of the commission, bringing the book up to date and making it a valuable text for understanding transitional justice, colonialism and redress, public anthropology, and human rights. Niezen uses testimonies, texts, and visual materials produced by the commission as well as interviews with survivors, priests, and nuns to raise important questions about what the TRC truly means for reconciliation.