Understanding Transitional Justice

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Transitional Justice In Comparative Perspective
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Author : Samar El-Masri
language : en
Publisher: Springer Nature
Release Date : 2020-01-17
Transitional Justice In Comparative Perspective written by Samar El-Masri and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-17 with Political Science categories.
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.
Understanding Transitional Justice
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Author : Giada Girelli
language : en
Publisher: Springer
Release Date : 2017-07-03
Understanding Transitional Justice written by Giada Girelli and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Political Science categories.
The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author’s position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?
Transitional Justice Theories
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Author : Susanne Buckley-Zistel
language : en
Publisher: Routledge
Release Date : 2013-10-30
Transitional Justice Theories written by Susanne Buckley-Zistel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with Law categories.
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.
Transitional Justice
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Author : Ruti G. Teitel
language : en
Publisher: Oxford University Press
Release Date : 2000-06-29
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 2000-06-29 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 And Peacebuilding On The Ground
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Author : Chandra Sriram
language : en
Publisher: Routledge
Release Date : 2012-12-07
Transitional Justice And Peacebuilding On The Ground written by Chandra Sriram and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-07 with Political Science categories.
This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding. This book will be of great interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR.
Closing The Books
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 2004-09-06
Closing The Books written by Jon Elster 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 2004-09-06 with History categories.
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
Transitional Justice In Process
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Author : Mariam Salehi
language : en
Publisher: Identities and Geopolitics in the Middle East
Release Date : 2023-12-12
Transitional Justice In Process written by Mariam Salehi and has been published by Identities and Geopolitics in the Middle East this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-12 with categories.
Transitional justice in process is the first book that comprehensively studies the Tunisian transitional justice process, covering its initiation, design, and performance. The book makes an essential contribution to literature on the domestic and international politics of transitional justice.
Transitional Justice
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Author : Gerhard Werle
language : en
Publisher: Springer Nature
Release Date : 2022-09-08
Transitional Justice written by Gerhard Werle and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-08 with Law categories.
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Transitional Justice And Rule Of Law Reconstruction
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Author : Padraig McAuliffe
language : en
Publisher: Routledge
Release Date : 2013-06-26
Transitional Justice And Rule Of Law Reconstruction written by Padraig McAuliffe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-26 with Law categories.
This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
Transitional Justice In Practice
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Author : Renée Jeffery
language : en
Publisher: Springer
Release Date : 2017-01-06
Transitional Justice In Practice written by Renée Jeffery and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-06 with Political Science categories.
This book examines the practice of transitional justice in the Solomon Islands from the period of the ‘The Tensions’ to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous—at times incompatible—approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.