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Criminal Law Reform And Transitional Justice


Criminal Law Reform And Transitional Justice
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Transitional Justice And Rule Of Law Reconstruction


Transitional Justice And Rule Of Law Reconstruction
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Author : Pádraig McAuliffe
language : en
Publisher:
Release Date : 2013

Transitional Justice And Rule Of Law Reconstruction written by Pádraig McAuliffe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Postwar reconstruction categories.


This book examines the interaction of transitional justice and rule of law reconstruction projects in post-conflict societies, the dilemmas it brings and possible solutions. Though the ordinary presumption is that the two processes should be mutually reinforcing and complementary, this book shows that practice in the last twenty years has demonstrated discontinuities and contradictions in states where both have been attempted.



Criminal Law Reform And Transitional Justice


Criminal Law Reform And Transitional Justice
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Author : Lutz Oette
language : en
Publisher: Routledge
Release Date : 2016-05-13

Criminal Law Reform And Transitional Justice written by Lutz Oette and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Political Science categories.


Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.



Transitional Justice


Transitional Justice
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Author : Ruti G. Teitel
language : en
Publisher: Oxford University Press
Release Date : 2002-03-28

Transitional Justice written by Ruti G. Teitel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-28 with Law categories.


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.



Transitional Justice


Transitional Justice
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Author : Hakeem O. Yusuf
language : en
Publisher: Routledge
Release Date : 2021-09-06

Transitional Justice written by Hakeem O. Yusuf and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-06 with Law categories.


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.



Constitutionalizing Transitional Justice


Constitutionalizing Transitional Justice
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Author : Cheng-Yi Huang
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-11

Constitutionalizing Transitional Justice written by Cheng-Yi Huang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-11 with Law categories.


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.



Transitional Justice In Aparadigmatic Contexts


Transitional Justice In Aparadigmatic Contexts
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Author : Tine Destrooper
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-23

Transitional Justice In Aparadigmatic Contexts written by Tine Destrooper and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.


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.



The Right To Know The Truth In Transitional Justice Processes


The Right To Know The Truth In Transitional Justice Processes
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Author : Natasha Stamenkovikj
language : en
Publisher: BRILL
Release Date : 2021-11-29

The Right To Know The Truth In Transitional Justice Processes written by Natasha Stamenkovikj and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Law categories.


Dr. Natasha Stamenkovikj offers a comprehensive account of the right to the truth as a right in international law and an element in delivering justice though European governance.



Restorative Justice In Transition


Restorative Justice In Transition
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Author : Kerry Clamp
language : en
Publisher: Routledge
Release Date : 2013-09-05

Restorative Justice In Transition written by Kerry Clamp and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-05 with Social Science categories.


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.



Criminal Policy In Transition


Criminal Policy In Transition
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Author : Penny Green
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-12-11

Criminal Policy In Transition written by Penny Green and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-11 with Law categories.


Criminal Policy in Transition comes along at a time when the literature in criminology is desperately short of “global” perspectives. It helps fill that gap while it presents important new insights into changing penal policy and practice. That it raises as many questions as it seems to answer is one of its great strengths. The authors write knowledgeably about their home societies without being prematurely bounded by comparative criteria. As a result,they develop a complex and uneven image of similarities and differences, of divergence and convergence through time. In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain. The IISL is a partnership between the Research Committee on the Sociology of Law and the Basque Government



Past And Future


Past And Future
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Author : Jörg Eisele
language : en
Publisher:
Release Date : 2020

Past And Future written by Jörg Eisele and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Ex post facto laws categories.