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Transitional Justice in Balance

Transitional Justice in Balance
Author: Tricia D. Olsen
Publisher: United States Institute of Peace Press
Total Pages: 0
Release: 2010
Genre: Philosophy
ISBN: 9781601270535

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In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.


From Transitional to Transformative Justice

From Transitional to Transformative Justice
Author: Paul Gready
Publisher: Cambridge University Press
Total Pages: 345
Release: 2019-02-21
Genre: Political Science
ISBN: 1108668577

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Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.


Transitional Justice in the Twenty-First Century

Transitional Justice in the Twenty-First Century
Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
Total Pages: 317
Release: 2006-09-14
Genre: Social Science
ISBN: 1139458655

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Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.


Restorative Justice in Transition

Restorative Justice in Transition
Author: Kerry Clamp
Publisher: Routledge
Total Pages: 184
Release: 2013-09-05
Genre: Social Science
ISBN: 1135076375

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This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach – engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.


Identities in Transition

Identities in Transition
Author: Paige Arthur
Publisher: Cambridge University Press
Total Pages: 393
Release: 2010-12-13
Genre: Law
ISBN: 1139495542

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In many societies, histories of exclusion, racism and nationalist violence often create divisions so deep that finding a way to deal with the atrocities of the past seems nearly impossible. These societies face difficult practical questions about how to devise new state and civil society institutions that will respond to massive or systematic violations of human rights, recognize victims and prevent the recurrence of abuse. Identities in Transition: Challenges for Transitional Justice in Divided Societies brings together a rich group of international researchers and practitioners who, for the first time, examine transitional justice through an 'identity' lens. They tackle ways that transitional justice can act as a means of political learning across communities; foster citizenship, trust and recognition; and break down harmful myths and stereotypes, as steps toward meeting the difficult challenges for transitional justice in divided societies.


Critical Perspectives in Transitional Justice

Critical Perspectives in Transitional Justice
Author: Nicola Frances Palmer
Publisher:
Total Pages: 0
Release: 2012
Genre: Human rights
ISBN: 9781780680354

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In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question.


Post-transitional Justice

Post-transitional Justice
Author: Cath Collins
Publisher: Penn State Press
Total Pages: 293
Release: 2010
Genre: Political Science
ISBN: 0271036877

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"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.


The Global Climate Regime and Transitional Justice

The Global Climate Regime and Transitional Justice
Author: Sonja Klinsky
Publisher: Routledge
Total Pages: 136
Release: 2018-04-27
Genre: Business & Economics
ISBN: 1351854917

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Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.


The Conceptual Foundations of Transitional Justice

The Conceptual Foundations of Transitional Justice
Author: Colleen Murphy
Publisher: Cambridge University Press
Total Pages: 233
Release: 2017-04-19
Genre: Law
ISBN: 1108228607

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Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.


In the Shadow of Transitional Justice

In the Shadow of Transitional Justice
Author: Guy Elcheroth
Publisher: Routledge
Total Pages: 256
Release: 2021-11-05
Genre: Political Science
ISBN: 100047562X

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This volume bridges two different research fields and the current debates within them. On the one hand, the transitional justice literature has been shaken by powerful calls to make the doctrine and practice of justice more transformative. On the other hand, collective memory studies now tend to look more closely at meaningful silences to make sense of what nations leave out when they remember their pasts. The book extends the scope of this heuristic approach to the different mechanisms that come under the umbrella of transitional justice, including legal prosecution, truth-seeking and reparations, alongside memorialisation. The 15 chapters included in the volume, written by expert scholars from diverse disciplinary and societal backgrounds, explore a range of practices intended to deal with the past, and how making the invisible visible again can make transitional justice - or indeed, any societal engagement with the past - more transformative. Seeking to combine contextual depth and comparative width, the book features two key case analyses - South Africa and Sri Lanka - alongside discussions of multiple cases, including such emblematic sites as Rwanda and Argentina, but also sites better known for resisting than for embracing international norms of transitional justice, such as Turkey or Côte d’Ivoire. The different contributions, grouped in themed sections, progressively explore the issues, actors and resources that are typically forgotten when societies celebrate their pasts rather than mourning their losses and, in doing so, open new possibilities to build more inclusive processes for addressing the present consequences of past injustice.