Violence Law And The Impossibility Of Transitional Justice
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Violence Law And The Impossibility Of Transitional Justice
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Author : Catherine Turner
language : en
Publisher: Routledge
Release Date : 2016-07-07
Violence Law And The Impossibility Of Transitional Justice written by Catherine Turner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-07 with Law categories.
The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Research Handbook On Transitional Justice
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Author : Cheryl Lawther
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Research Handbook On Transitional Justice written by Cheryl Lawther and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Transitional Justice And The Prosecution Of Political Leaders In The Arab Region
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Author : Noha Aboueldahab
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
Transitional Justice And The Prosecution Of Political Leaders In The Arab Region written by Noha Aboueldahab and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
Violence Law And The Impossibility Of Transitional Justice
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Author : Catherine Turner (Law teacher)
language : en
Publisher:
Release Date : 2017
Violence Law And The Impossibility Of Transitional Justice written by Catherine Turner (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justicepursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice - underpinned by a strictly normative or doctrinal concept of law - can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Postcolonial Transitional Justice
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Author : Khanyisela Moyo
language : en
Publisher: Routledge
Release Date : 2019-05-31
Postcolonial Transitional Justice written by Khanyisela Moyo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-31 with Law categories.
Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.
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.
Truth And Transitional Justice
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Author : Alice Panepinto
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Truth And Transitional Justice written by Alice Panepinto and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Transitional Justice
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Author : Michael Newman
language : en
Publisher: John Wiley & Sons
Release Date : 2019-07-02
Transitional Justice written by Michael Newman and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-02 with Political Science categories.
What should be done after the end of a repressive regime or a civil war? How can bitter divisions be resolved in a way that combines reconciliation with accountability? In this book, Michael Newman accessibly introduces these debates, outlining the key ideas and giving an overview of the vast literature by reference to case studies in such places as South Africa, Cambodia and Sierra Leone. While recognising that every situation is different, he argues that is vital to contend fully with the past and address the fundamental causes of mass human rights abuses. A readable overview for those coming to the subject of transitional justice for the first time, and food for thought for those already familiar with it, this book is invaluable in areas ranging from politics and international relations to peace and conflict studies, law, human rights and philosophy.
Transitional Justice And Reconciliation
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Author : Martina Fischer
language : en
Publisher: Routledge
Release Date : 2015-11-06
Transitional Justice And Reconciliation written by Martina Fischer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-06 with Law categories.
Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
The Oxford Handbook Of Peacebuilding Statebuilding And Peace Formation
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Author : Oliver P. Richmond
language : en
Publisher: Oxford University Press
Release Date : 2021
The Oxford Handbook Of Peacebuilding Statebuilding And Peace Formation written by Oliver P. Richmond 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 2021 with Political Science categories.
Peacebuilding and statebuilding is one of the main approaches for preventing, managing, and mitigating global insecurities; dealing with the humanitarian consequences of civil wars; and expanding democracy and neoliberal economic regimes. Peace formation is a relatively new concept, addressing how local actors attempt to shape or work in parallel to international and national projects. The Oxford Handbook of Peacebuilding, Statebuilding, and Peace Formation serves as an essential guide to this vast intellectual landscape. It offers a systematic overview of conceptual foundations, political implications, and tensions at the global, regional, and local levels, as well as key policies, practices, examples, and discourses underlining all segments of peacebuilding and statebuilding.