Author : Tricia D. Olsen
Publisher : United States Institute of Peace Press
Page : 0 pages
File Size : 41,43 MB
Release : 2010
Category : Philosophy
ISBN : 9781601270535
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.
Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 305 pages
File Size : 23,75 MB
Release : 2002-03-28
Category : Law
ISBN : 019988224X
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 : Alexander Laban Hinton
Publisher : Rutgers University Press
Page : 284 pages
File Size : 26,47 MB
Release : 2011
Category : Law
ISBN : 0813550688
"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.
Author : Nicola Frances Palmer
Publisher :
Page : 0 pages
File Size : 40,53 MB
Release : 2012
Category : Human rights
ISBN : 9781780680354
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 : Zachary D. Kaufman
Publisher : Oxford University Press
Page : 433 pages
File Size : 30,17 MB
Release : 2017
Category : Law
ISBN : 0190655488
In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
Author : Fons Coomans
Publisher :
Page : 0 pages
File Size : 30,48 MB
Release : 2009
Category : Drets humans
ISBN : 9789050958790
In academic human rights research, especially legal human rights research, little attention tends to be devoted to questions of methodology. One reason for this may be that human rights scholars often are (former) human rights activists. Dispensing with methodological niceties enables them to engage in wishful thinking and to come up with the conclusions they were hoping to find in the first place. Furthermore, although much emphasis continues to be put on the need to carry out human rights research from a multidisciplinary perspective, the methods to be applied in such research remain far from clear. Which criteria can be identified to qualify a piece of human rights research as a methodologically sound piece of work? Are there aspects and considerations that are typical for human rights research? What are good practices in human rights research? The book addresses these questions from the perspective of different scholarly fields relevant for human rights research: law (including international law and criminal law); social sciences (including criminology, political science, comparative politics, international relations and anthropology); and philosophy and history (the humanities). This book is essential reading for any Ph.D. candidate embarking on a dissertation in the field of human rights and any human rights scholar wishing to critically reflect on the quality of her/his own methods of work.
Author : John Idriss Lahai
Publisher : Springer
Page : 284 pages
File Size : 40,24 MB
Release : 2017-07-12
Category : Political Science
ISBN : 3319542028
This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces
Author : Edel Hughes
Publisher :
Page : 340 pages
File Size : 27,79 MB
Release : 2007
Category : History
ISBN :
Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.
Author : Mr Jack Rotondi
Publisher : Ashgate Publishing, Ltd.
Page : 277 pages
File Size : 17,8 MB
Release : 2015-02-28
Category : Law
ISBN : 1472418298
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 : Hakeem O. Yusuf
Publisher : Routledge
Page : 235 pages
File Size : 26,12 MB
Release : 2021-09-06
Category : Law
ISBN : 1317642546
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.
