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Author | : Claudio Corradetti |
Publisher | : Routledge |
Total Pages | : 360 |
Release | : 2016-02-17 |
Genre | : Law |
ISBN | : 1317010868 |
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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.
Author | : Claudio Corradetti |
Publisher | : Lund Humphries Publishers |
Total Pages | : 276 |
Release | : 2015-02-01 |
Genre | : Law |
ISBN | : 9781472418302 |
Download Theorizing Transitional Justice Book in PDF, ePub and Kindle
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 specific transitional instruments of war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions are considered. The book brings together some of the most original writings from established experts as well as from promising young scholars in the field.
Author | : Susanne Buckley-Zistel |
Publisher | : Routledge |
Total Pages | : 239 |
Release | : 2013-10-30 |
Genre | : Law |
ISBN | : 1135055068 |
Download Transitional Justice Theories Book in PDF, ePub and Kindle
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.
Author | : Christine Bell |
Publisher | : Routledge |
Total Pages | : 285 |
Release | : 2016-02-17 |
Genre | : Law |
ISBN | : 1317007271 |
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This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.
Author | : Colleen Murphy |
Publisher | : Cambridge University Press |
Total Pages | : 233 |
Release | : 2017-04-19 |
Genre | : Law |
ISBN | : 1108228607 |
Download The Conceptual Foundations of Transitional Justice Book in PDF, ePub and Kindle
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.
Author | : Hakeem O. Yusuf |
Publisher | : Routledge |
Total Pages | : 235 |
Release | : 2021-09-06 |
Genre | : Law |
ISBN | : 1317642546 |
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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.
Author | : David Anton Hoogenboom |
Publisher | : |
Total Pages | : 582 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Theorizing 'Transitional Justice' Book in PDF, ePub and Kindle
Early literature in the field of transitional justice was dominated by debates over the meaning of justice, with retributivists arguing for the need for criminal prosecutions following mass human rights violations and advocates of restorative justice claiming that non-prosecutorial forms of justice like truth-telling are better suited for post-conflict societies. This debate was eventually settled, at least in the field, by a belief that post-conflict societies require both criminal prosecutions and truth-telling. More recently, the debate over justice has centred on the question of whether the field and practice of transitional justice has prioritized civil and political rights over economic and social rights. While this is a significant development in the field, it points to a more fundamental reality. Debates over justice are interminable. To try to sculpt justice to fit a preconceived definition limits its capacity to respond to the needs of survivors. This realization serves as the starting point for this project--that justice must remain open to re-interpretation for it to maintain its relevance in post-conflict societies. There is, however, a central problem in the field: Transitional justice implies a justice that is in the service of the transition. What this suggests, then, is that the debates over justice, or, the justice question, have been substantially circumscribed by the transition question, thereby limiting the possible definitions of justice. While the justice question has received a great deal of attention, this project suggests that if debates over justice are to indeed remain interminable, the more fundamental concern of the field should be the way the transition question has, in fact, shaped our theorizing about justice.
Author | : Susanne Buckley-Zistel |
Publisher | : Routledge |
Total Pages | : 264 |
Release | : 2013-10-30 |
Genre | : Law |
ISBN | : 113505505X |
Download Transitional Justice Theories Book in PDF, ePub and Kindle
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.
Author | : S. Winter |
Publisher | : Springer |
Total Pages | : 320 |
Release | : 2014-03-21 |
Genre | : Political Science |
ISBN | : 1137316195 |
Download Transitional Justice in Established Democracies Book in PDF, ePub and Kindle
Truth commissions, apologies, and reparations are just some of the transitional justice mechanisms embraced by established democracies. This groundbreaking exploration of political theory explains how these forms of state redress repair the damage state wrongdoing inflicts upon political legitimacy.
Author | : Krushil Watene |
Publisher | : Routledge |
Total Pages | : 245 |
Release | : 2020-05-21 |
Genre | : Political Science |
ISBN | : 1000061272 |
Download Reconciliation, Transitional and Indigenous Justice Book in PDF, ePub and Kindle
Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.