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Author | : Samar El-Masri |
Publisher | : Springer Nature |
Total Pages | : 244 |
Release | : 2020-01-17 |
Genre | : Political Science |
ISBN | : 3030349179 |
Download Transitional Justice in Comparative Perspective Book in PDF, ePub and Kindle
What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.
Author | : Ruti G. Teitel |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2002-03-28 |
Genre | : Law |
ISBN | : 019988224X |
Download Transitional Justice Book in PDF, ePub and Kindle
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.
Author | : Ulrike Lühe |
Publisher | : |
Total Pages | : |
Release | : 2017 |
Genre | : |
ISBN | : |
Download AU and EU Transitional Justice Policy Discourses in Comparative Perspective Book in PDF, ePub and Kindle
Author | : Cheng-Yi Huang |
Publisher | : Taylor & Francis |
Total Pages | : 263 |
Release | : 2022-11-11 |
Genre | : Law |
ISBN | : 042999883X |
Download Constitutionalizing Transitional Justice Book in PDF, ePub and Kindle
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.
Author | : Nicola Frances Palmer |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Human rights |
ISBN | : 9781780680354 |
Download Critical Perspectives in Transitional Justice Book in PDF, ePub and Kindle
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.
Author | : Cristiano Paixão |
Publisher | : Springer Nature |
Total Pages | : 323 |
Release | : 2021-10-01 |
Genre | : Law |
ISBN | : 3030675025 |
Download Comparing Transitions to Democracy. Law and Justice in South America and Europe Book in PDF, ePub and Kindle
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Author | : Elin Skaar |
Publisher | : Routledge |
Total Pages | : 353 |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1317526201 |
Download Transitional Justice in Latin America Book in PDF, ePub and Kindle
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
Author | : Emma Murphy |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : |
Download Agonistic Transitional Justice Book in PDF, ePub and Kindle
Author | : Thérèse Lynch |
Publisher | : |
Total Pages | : 54 |
Release | : 2018 |
Genre | : |
ISBN | : |
Download EU Support to Transitional Justice Book in PDF, ePub and Kindle
Author | : Saffon, María Paula |
Publisher | : Djusticia |
Total Pages | : 162 |
Release | : 2019-09-01 |
Genre | : Political Science |
ISBN | : 9585441942 |
Download Participation in Transitional Justice Measures Book in PDF, ePub and Kindle
This book offers a comparative and critical study of experiences of participation in transitional justice. Based on a detailed study of 35 transitional justice experiences in 20 countries, the document explores the different scenarios that have allowed victims and civil society to participate in the promotion, adoption and implementation of measures of truth, justice, reparation and guarantees of non-repetition, and illustrates the potential and limitations of such participation in different contexts.