Restorative Justice In Transitional Settings
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Restorative Justice In Transitional Settings
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Author : Kerry Clamp
language : en
Publisher: Routledge
Release Date : 2016-02-12
Restorative Justice In Transitional Settings 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 2016-02-12 with Social Science categories.
Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.
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.
Restorative And Transitional Justice
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Author : Jessica Evans
language : en
Publisher: Nova Science Publishers
Release Date : 2017
Restorative And Transitional Justice written by Jessica Evans and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Restorative justice categories.
The concept of justice covers a broad spectrum of human existential issues, and is defined according to established relationships that always put the human person as reference. Restorative justice and transitional justice fall into the wide range of attempts to explain and address injustices by seeking accountability, finding adequate sanctions that are proportionate to harm, rehabilitating the offenders, and restoring victims or even reaching an informal negotiated settlement. The authors of this book provide new research in the study of restorative and transitional justice.
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.
From Transitional To Transformative Justice
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Author : Paul Gready
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-21
From Transitional To Transformative Justice written by Paul Gready and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-21 with Law categories.
Builds on micro-level critiques of transitional justice to debate a more comprehensive alternative at the level of theory and practice.
Victim Healing And Truth Commissions
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Author : Holly L. Guthrey
language : en
Publisher: Springer
Release Date : 2015-02-23
Victim Healing And Truth Commissions written by Holly L. Guthrey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-23 with Political Science categories.
This book intends to contribute to the growing body of transitional justice literature by providing insight into how truth commissions may be beneficial to victims of mass violence, based on data collected in Timor-Leste and on the Solomon Islands. Drawing on literature in the fields of victim psychology, procedural justice, and transitional justice, this study is guided by the puzzle of why truth-telling in post-conflict settings has been found to be both helpful and harmful to victims of mass violence. Existing studies have identified a range of positive benefits and negative consequences of truth-telling for victims; however, the reasons why some victims experience a sense of healing while others do not after participating in post-conflict truth commission processes continues to remain unclear. Hence, to address one piece of this complex puzzle, this book seeks to begin clarifying how truth-telling may be beneficial for victims by investigating the question: What pathways lead from truth-telling to victim healing in post-conflict settings? Building on the proposition that having voice—a key component of procedural justice—can help individuals to overcome the disempowerment and marginalisation of victimisation, this book investigates voice as a causal mechanism that can create pathways toward healing within truth commission public hearings. Comparative, empirical studies that investigate how truth-telling contributes to victim healing in post-conflict settings are scarce in the field of transitional justice. This book begins to fill an important gap in the existing body of literature. From a practical standpoint, by enhancing understanding of how truth commissions can promote healing, the findings and arguments in this volume provide insight into how the design of transitional justice processes may be improved in the future to better respond to the needs of victims of mass violence.
Business Human Rights And Transitional Justice
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Author : Irene Pietropaoli
language : en
Publisher: Routledge
Release Date : 2020-05-07
Business Human Rights And Transitional Justice written by Irene Pietropaoli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Business & Economics categories.
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
Restorative Policing
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Author : Kerry Clamp
language : en
Publisher: Routledge
Release Date : 2016-10-04
Restorative Policing 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 2016-10-04 with Social Science categories.
In the UK and elsewhere, restorative justice and policing are core components of a range of university programmes; however, currently no such text exists on the intersection of these two areas of study. This book draws together these diverse theoretical perspectives to provide an innovative, knowledge-rich text that is essential reading for all those engaged with the evolution and practice of restorative policing. Restorative Policing surveys the twenty-five year history of restorative policing practice, during which its use and influence over criminal justice has slowly grown. It then situates this experience within a criminological discussion about neo-liberal responses to crime control. There has been insufficient debate about how the concepts of ‘restorative justice’ and ‘policing’ sit alongside each other and how they may be connected or disconnected in theoretical and conceptual terms. The book seeks to fill this gap through an exploration of concepts, theory, policy and practice. In doing so, the authors make a case for a more transformative vision of restorative policing that can impact positively upon the shape and practice of policing and outline a framework for the implementation of such a strategy. This pathbreaking book will be of interest to undergraduate and postgraduate students taking courses on restorative justice, policing and crime control, as well as professionals interested in the implementation of restorative practices in the police force.
Transitional Justice In The Twenty First Century
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Author : Naomi Roht-Arriaza
language : en
Publisher: Cambridge University Press
Release Date : 2006-09-14
Transitional Justice In The Twenty First Century written by Naomi Roht-Arriaza and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-14 with Social Science categories.
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.
Child Soldiers As Agents Of War And Peace
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Author : Leonie Steinl
language : en
Publisher: Springer
Release Date : 2017-08-19
Child Soldiers As Agents Of War And Peace written by Leonie Steinl and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-19 with Law categories.
This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.