Truth Denial And Transition

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Truth, Denial and Transition

Cheryl Lawther
Truth Denial and Transition Book PDF

Author : Cheryl Lawther
Publisher : Routledge
Page : 217 pages
File Size : 49,6 Mb
Release : 2018-10-08
Category : Law
ISBN : 9781317755517

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Truth, Denial and Transition by Cheryl Lawther Pdf

Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.

Truth, Denial and Transition

Cheryl Lawther
Truth Denial and Transition Book PDF

Author : Cheryl Lawther
Publisher : Routledge
Page : 224 pages
File Size : 51,5 Mb
Release : 2018-10-08
Category : Law
ISBN : 9781317755500

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Truth, Denial and Transition by Cheryl Lawther Pdf

Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.

Violence, Law and the Impossibility of Transitional Justice

Catherine Turner
Violence Law and the Impossibility of Transitional Justice Book PDF

Author : Catherine Turner
Publisher : Routledge
Page : 206 pages
File Size : 42,7 Mb
Release : 2016-07-07
Category : Law
ISBN : 9781317441403

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Violence, Law and the Impossibility of Transitional Justice by Catherine Turner Pdf

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.

Criminal Justice in Transition

Anne-Marie McAlinden,Clare Dwyer
Criminal Justice in Transition Book PDF

Author : Anne-Marie McAlinden,Clare Dwyer
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 53,8 Mb
Release : 2015-11-12
Category : Law
ISBN : 9781509900534

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Criminal Justice in Transition by Anne-Marie McAlinden,Clare Dwyer Pdf

This book represents a critical examination of key aspects of crime and criminal justice in Northern Ireland which will have resonance elsewhere. It considers the core aspects of criminal justice policy-making in Northern Ireland which are central to the process of post-conflict transition, including reform of policing, judicial decision-making and correctional services such as probation and prisons. It examines contemporary trends in criminal justice in Northern Ireland and various dimensions of crime relating to female offenders, young offenders, sexual and violent offenders, community safety and restorative justice. The book also considers the extent to which crime and criminal justice issues in Northern Ireland are being affected by the broader processes of 'policy transfer', globalisation and transnationalism and the extent to which criminal justice in Northern Ireland is divergent from the other jurisdictions in the United Kingdom. Written by leading international authorities in the field, the book offers a snapshot of the cutting edge of critical thinking in criminal justice practice and transitional justice contexts.

Theorizing Transitional Justice

Claudio Corradetti,Nir Eisikovits
Theorizing Transitional Justice Book PDF

Author : Claudio Corradetti,Nir Eisikovits
Publisher : Routledge
Page : 276 pages
File Size : 48,5 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317010876

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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.

Research Handbook on Transitional Justice

Cheryl Lawther,Luke Moffett
Research Handbook on Transitional Justice Book PDF

Author : Cheryl Lawther,Luke Moffett
Publisher : Edward Elgar Publishing
Page : 547 pages
File Size : 42,6 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781802202519

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Research Handbook on Transitional Justice by Cheryl Lawther,Luke Moffett Pdf

Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.

Transitional Justice and Legacies of State Violence

Lisa White
Transitional Justice and Legacies of State Violence Book PDF

Author : Lisa White
Publisher : Routledge
Page : 204 pages
File Size : 47,5 Mb
Release : 2015-03-05
Category : Social Science
ISBN : 9781135981174

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Transitional Justice and Legacies of State Violence by Lisa White Pdf

As politicians, public bodies and non-Governmental organisations continue to profess an interest in making peace with the past, this highly original study explores the motivation, significance and legacy of ‘making public’ experiences of state violence in Northern Ireland. Based on a synthesis of documentary material with the findings from a series of contemporary interviews, this timely book uncovers the reasoning behind many Republican former detainees’ accounts of state violence and torture. It examines the aims of those who ‘went public’ during the conflict and discusses the meaning they attached to their stories and the various responses to them. It also identifies some of the risks involved in criticising the violence of the British State and illuminates the ways in which ‘truths’ are often contested in Northern Ireland - both during the conflict and in the years which have followed. A unique piece of interdisciplinary work, the study disentangles and evaluates the discourses presented by former detainees and makes an innovative and interesting contribution to knowledge about transitional justice and legacies of state violence. The book is suitable for social science scholars interested in human rights, state violence, criminology and transitional justice, as well as those seeking to understand more about experiences of imprisonment and the legacy of the Northern Ireland conflict.

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 : 44,5 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.’

Transitional Justice and the Arab Spring

Kirsten J. Fisher,Robert Stewart
Transitional Justice and the Arab Spring Book PDF

Author : Kirsten J. Fisher,Robert Stewart
Publisher : Routledge
Page : 256 pages
File Size : 40,5 Mb
Release : 2015-03-24
Category : Law
ISBN : 9781135984816

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Transitional Justice and the Arab Spring by Kirsten J. Fisher,Robert Stewart Pdf

This book presents a varied and critical picture of how the Arab Spring demands a re-examination and re-conceptualization of issues of transitional justice. It demonstrates how unique features of this wave of revolutions and popular protests that have swept the Arab world since December 2010 give rise to distinctive concerns and problems relative to transitional justice. The contributors explore how these issues in turn add fresh perspective and nuance to the field more generally. In so doing, it explores fundamental questions of social justice, reconstruction and healing in the context of the Arab Spring. Including the perspectives of academics and practitioners, Transitional Justice and the Arab Spring will be of considerable interest to those working on the politics of the Middle East, normative political theory, transitional justice, international law, international relations and human rights.

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 : 51,6 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.

Gender Politics in Transitional Justice

Catherine O'Rourke
Gender Politics in Transitional Justice Book PDF

Author : Catherine O'Rourke
Publisher : Routledge
Page : 311 pages
File Size : 54,9 Mb
Release : 2013-08-22
Category : Law
ISBN : 9781135983765

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Gender Politics in Transitional Justice by Catherine O'Rourke Pdf

What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on feminist doctrinal scholarship in international law, ‘the international frame’ examines the role of international law in defining harms against women in transitional justice and in determining the ‘from’ and ‘to’ of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women’s human rights under international law. Relying on original empirical and legal research in Chile, Northern Ireland and Colombia, the book speaks more broadly to the study of gender politics and international law in transitional justice.

Transitional Justice and Reconciliation

Martina Fischer,Olivera Simic
Transitional Justice and Reconciliation Book PDF

Author : Martina Fischer,Olivera Simic
Publisher : Routledge
Page : 285 pages
File Size : 53,8 Mb
Release : 2015-11-06
Category : Law
ISBN : 9781317529552

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Transitional Justice and Reconciliation by Martina Fischer,Olivera Simic Pdf

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Identity, Reconciliation and Transitional Justice

Nevin T. Aiken
Identity Reconciliation and Transitional Justice Book PDF

Author : Nevin T. Aiken
Publisher : Routledge
Page : 280 pages
File Size : 54,8 Mb
Release : 2013
Category : Law
ISBN : 9780415628334

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Identity, Reconciliation and Transitional Justice by Nevin T. Aiken Pdf

Building upon an interdisciplinary synthesis of recent literature from the fields of transitional justice and conflict transformation, this book introduces a groundbreaking theoretical framework that highlights the critical importance of identity in the relationship between transitional justice and reconciliation in deeply divided societies. Using this framework, Aiken argues that transitional justice interventions will be successful in promoting reconciliation and sustainable peace to the extent that they can help to catalyze those crucial processes of ‘social learning’ needed to transform the antagonistic relationships and identifications that divide post-conflict societies even after the signing of formal peace agreements. Combining original field research and an extensive series of expert interviews, Aiken applies this social learning model in a comprehensive examination of both the South African Truth and Reconciliation Commission and the uniquely ‘decentralized’ approach to transitional justice that has emerged in Northern Ireland. By offering new insight into the experiences of these countries, Aiken provides compelling firsthand evidence to suggest that transitional justice interventions can best contribute to post-conflict reconciliation if they not only provide truth and justice for past human rights abuses, but also help to promote contact, dialogue and the amelioration of structural and material inequalities between former antagonists. Identity, Reconciliation and Transitional Justice makes a timely contribution to debates about how to best understand and address past human rights violations in post-conflict societies, and it offers a valuable resource to students, scholars, practitioners and policymakers dealing with these difficult issues.

The Dynamics of Transitional Justice

Lia Kent
The Dynamics of Transitional Justice Book PDF

Author : Lia Kent
Publisher : Routledge
Page : 249 pages
File Size : 43,5 Mb
Release : 2018-05-04
Category : Law
ISBN : 9781136303456

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The Dynamics of Transitional Justice by Lia Kent Pdf

The Dynamics of Transitional Justice draws on the case of East Timor in order to reassess how transitional justice mechanisms actually play out at the local level. Transitional justice mechanisms – including trials and truth commissions – have become firmly entrenched as part of the United Nations ‘tool-kit’ for successful post-conflict recovery. It is now commonly assumed that by establishing individual accountability for human rights violations, and initiating truth-seeking and reconciliation programs, individuals and societies will be assisted to ‘come to terms’ with the violent past and states will make the ‘transition’ to peaceful, stable liberal democracies. Set against the backdrop of East Timor’s referendum and the widespread violence of 1999, this book interrogates the gap between the official claims made for transitional justice and local expectations. Drawing on a wide range of sources, including extensive in-depth interviews with victims/survivors, community leaders and other actors, it produces a nuanced and critical account of the complex interplay between internationally-sponsored trials and truth commissions, national justice agendas and local priorities. The Dynamics of Transitional Justice fills a significant gap in the existing social science literature on transitional justice, and offers new insights for researchers and practitioners alike.

Corporate Accountability in the Context of Transitional Justice

Sabine Michalowski
Corporate Accountability in the Context of Transitional Justice Book PDF

Author : Sabine Michalowski
Publisher : Routledge
Page : 280 pages
File Size : 46,9 Mb
Release : 2014-06-23
Category : Business & Economics
ISBN : 9781317577492

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Corporate Accountability in the Context of Transitional Justice by Sabine Michalowski Pdf

Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.