Transitional Justice in Comparative Perspective

Transitional Justice in Comparative Perspective PDF Author: Samar El-Masri
Publisher: Springer Nature
ISBN: 3030349179
Category : Political Science
Languages : en
Pages : 244

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Book Description
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.

Transitional Justice in Comparative Perspective

Transitional Justice in Comparative Perspective PDF Author: Samar El-Masri
Publisher: Springer Nature
ISBN: 3030349179
Category : Political Science
Languages : en
Pages : 244

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Book Description
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.

Critical Perspectives in Transitional Justice

Critical Perspectives in Transitional Justice PDF Author: Nicola Frances Palmer
Publisher:
ISBN: 9781780680354
Category : Human rights
Languages : en
Pages : 0

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Book Description
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.

The Rule of Law in Comparative Perspective

The Rule of Law in Comparative Perspective PDF Author: Mortimer Sellers
Publisher: Springer Science & Business Media
ISBN: 9048137497
Category : Law
Languages : en
Pages : 257

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Book Description
This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Rethinking Reconciliation and Transitional Justice After Conflict

Rethinking Reconciliation and Transitional Justice After Conflict PDF Author: James Hughes
Publisher: Routledge
ISBN: 9781138361997
Category : Reconciliation
Languages : en
Pages : 168

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Book Description
The concepts of reconciliation and transitional justice are inextricably linked in a new body of normative meta-theory underpinned by claims related to their effects in managing the transformation of deeply divided societies to a more stable and more democratic basis. This edited volume is dedicated to a critical re-examination of the key premises on which the debates in this field pivot. The contributions problematise core concepts, such as victimhood, accountability, justice and reconciliation itself; and provide a comparative perspective on the ethnic, ideological, racial and structural divisions to understand their rootedness in local contexts and to evaluate how they shape and constrain moving beyond conflict. With its systematic empirical analysis of a geographic and historic range of conflicts involving ethnic and racial groups, the volume furthers our grasp of contradictions often involved in transitional justice scholarship and practice and how they may undermine the very goals of peace, stability and reconciliation that they seek to promote. This book was originally published as a special issue of Ethnic and Racial Studies.

Transitional Justice and Forced Migration: Critical Perspectives from the Global South

Transitional Justice and Forced Migration: Critical Perspectives from the Global South PDF Author: Nergis Canefe
Publisher: Cambridge University Press
ISBN: 1108422063
Category : Law
Languages : en
Pages : 333

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Book Description
Establishes links between lack of societal peace, structural causes of human suffering, recurrent patterns of political violence and forced migration in the Global South.

Transitional Justice in Latin America

Transitional Justice in Latin America PDF Author: Elin Skaar
Publisher: Routledge
ISBN: 1317526201
Category : Law
Languages : en
Pages : 353

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Book Description
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Closing the Books

Closing the Books PDF Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9780521548540
Category : History
Languages : en
Pages : 316

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Book Description
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

Transitional Justice PDF Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 019988224X
Category : Law
Languages : en
Pages : 305

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Book Description
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 Development

Transitional Justice and Development PDF Author: Pablo De Greiff
Publisher:
ISBN: 9780979077296
Category : Developing countries
Languages : en
Pages : 0

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Book Description
As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.

Reconciliation after War

Reconciliation after War PDF Author: Rachel Kerr
Publisher: Routledge
ISBN: 1000331245
Category : Political Science
Languages : en
Pages : 368

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Book Description
This edited volume examines a range of historical and contemporary episodes of reconciliation and anti-reconciliation in the aftermath of war. Reconciliation is a concept that resists easy definition. At the same time, it is almost invariably invoked as a goal of post-conflict reconstruction, peacebuilding and transitional justice. This book examines the considerable ambiguity and controversy surrounding the term and, crucially, asks what has reconciliation entailed historically? What can we learn from past episodes of reconciliation and anti-reconciliation? Taken together, the chapters in this volume adopt an interdisciplinary approach, focused on the question of how reconciliation has been enacted, performed and understood in particular historical episodes, and how that might contribute to our understanding of the concept and its practice. Rather than seek a universal definition, the book focuses on what makes each case of reconciliation unique, and highlights the specificity of reconciliation in individual contexts. This book will be of much interest to students of transitional justice, conflict resolution, human rights, history and International Relations.