Violence Law And The Impossibility Of Transitional Justice

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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 : 53,7 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.

Violence, Law and the Impossibility of Transitional Justice

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

Author : Catherine Turner (Law teacher)
Publisher : Unknown
Page : 193 pages
File Size : 52,9 Mb
Release : 2017
Category : Law
ISBN : 1315695049

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Violence, Law and the Impossibility of Transitional Justice by Catherine Turner (Law teacher) 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 Justicepursues 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.

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 : 46,7 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.

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.

Transitional Justice

American Society for Political and Legal Philosophy. Meeting
Transitional Justice Book PDF

Author : American Society for Political and Legal Philosophy. Meeting
Publisher : NYU Press
Page : 382 pages
File Size : 48,9 Mb
Release : 2012-05-28
Category : Law
ISBN : 9780814794661

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Transitional Justice by American Society for Political and Legal Philosophy. Meeting Pdf

"This volume ... arose out of the papers and commentaries presented at the annual meeting of the American Society for Legal and Political Philosophy in conjunction with the American Political Science Association meetings in Washington, D.C., in September 2005"--Preface.

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 : 43,8 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.

Rape, Sexual Violence and Transitional Justice Challenges

Janine Natalya Clark
Rape Sexual Violence and Transitional Justice Challenges Book PDF

Author : Janine Natalya Clark
Publisher : Routledge
Page : 194 pages
File Size : 45,9 Mb
Release : 2017-09-01
Category : Law
ISBN : 9781351718578

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Rape, Sexual Violence and Transitional Justice Challenges by Janine Natalya Clark Pdf

It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

An Introduction to Transitional Justice

Olivera Simić
An Introduction to Transitional Justice Book PDF

Author : Olivera Simić
Publisher : Taylor & Francis
Page : 333 pages
File Size : 48,9 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317373780

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An Introduction to Transitional Justice by Olivera Simić Pdf

An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.

Truth and Transitional Justice

Alice Panepinto
Truth and Transitional Justice Book PDF

Author : Alice Panepinto
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 47,8 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509921287

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Truth and Transitional Justice by Alice Panepinto Pdf

With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.

Transitional Justice and the Historical Abuses of Church and State

James Gallen
Transitional Justice and the Historical Abuses of Church and State Book PDF

Author : James Gallen
Publisher : Cambridge University Press
Page : 399 pages
File Size : 44,5 Mb
Release : 2023-03-30
Category : Law
ISBN : 9781009027533

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Transitional Justice and the Historical Abuses of Church and State by James Gallen Pdf

In this book, James Gallen provides an in-depth evaluation of the responses of Western States and churches to their historical abuses from a transitional justice perspective. Using a comparative lens, this book examines the application of transitional justice to address and redress the past in Ireland, Australia, Canada, the United States and United Kingdom. It evaluates the use of public inquiries and truth commissions, litigation, reparations, apologies, and reconciliation in each context to address these abuses. Significantly, this novel analysis considers how power and public emotions influence, and often impede, transitional justice's ability to address historical-structural injustices. In addressing historical abuses, power fails to be redistributed and national and religious myths are not reconsidered, leading Gallen to conclude that the existing transitional justice efforts of states and churches remain an unrepentant form of justice. This title is also available as Open Access on Cambridge Core.

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 : 41,9 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.

Beyond Transitional Justice

Matthew Evans
Beyond Transitional Justice Book PDF

Author : Matthew Evans
Publisher : Routledge
Page : 85 pages
File Size : 45,7 Mb
Release : 2022-04-06
Category : Law
ISBN : 9781000564785

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Beyond Transitional Justice by Matthew Evans Pdf

Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.

New Critical Spaces in Transitional Justice

Arnaud K. Kurze,Christopher Lamont
New Critical Spaces in Transitional Justice Book PDF

Author : Arnaud K. Kurze,Christopher Lamont
Publisher : Indiana University Press
Page : 306 pages
File Size : 49,5 Mb
Release : 2019-01-10
Category : Political Science
ISBN : 9780253039934

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New Critical Spaces in Transitional Justice by Arnaud K. Kurze,Christopher Lamont Pdf

Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.

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 : 52,9 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.

Postcolonial Transitional Justice

Khanyisela Moyo
Postcolonial Transitional Justice Book PDF

Author : Khanyisela Moyo
Publisher : Routledge
Page : 283 pages
File Size : 46,6 Mb
Release : 2019-05-31
Category : Law
ISBN : 9781351048187

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Postcolonial Transitional Justice by Khanyisela Moyo Pdf

Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.