Author: Mariana S. Mendes
Publisher: Taylor & Francis
ISBN: 1000914712
Category : Law
Languages : en
Pages : 182
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Book Description
This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy. Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries’ different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of ‘robust’ implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice. This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.
Author: Mariana S. Mendes
Publisher:
ISBN:
Category : Democracy
Languages : en
Pages : 287
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Book Description
This dissertation aims, first, at accounting for the timing of implementation of Transitional Justice (TJ) policies and, second, at comparing TJ trajectories and outcomes in countries that had negotiated transitions from authoritarianism to democracy. Specifically, it focuses on TJ mechanisms adopted long after the transition to democratic rule and asks why now? Furthermore, it explores why states with the same type of transition differed in their TJ trajectories later on, comparing a case of 'robust' implementation (Uruguay), a case where only 'victim-centered' measures were approved (Spain), and a case that sits in between (Brazil). Combining an agentic approach with a path-dependence theoretical framework, it argues that both supply and demand-side factors matter in understanding the timing of implementation of TJ policies and the type of policy adopted, but that the historical-normative context for dealing with the past in each country - their 'mnemonic regime' - sets different boundaries in each case. Zooming in into seven cases of 'late' TJ policy implementation and looking at the supply and demand factors at play, it concludes that political opportunities for TJ measures arise when the combination between the preferences of the executive and the levels of external pressure outweigh or match the perceived costs of specific measures. In other words, both (1) agendasetting pressures and (2) a (usually left-wing) government sympathetic toward TJ measures are necessary, but the choice of policy instrument depends on how strong preferences, pressures, and perceived costs are. Differences in these dimensions are, in turn, not independent from the 'mnemonic regime' actors have been embedded in, with the historical experience of Uruguay contrasting with the one of Spain and Brazil in the extent to which the political crimes of the dictatorship have been an object of social and political contention over the years. In Spain and Brazil, instead, the 'reconciliation ethos' of the transition complicates the enactment of (robust) TJ policies. Crosscountry differences in 'mnemonic regimes' and TJ outcomes are, in turn, also explained by structural differences related to (1) pre-authoritarian democratic experiences, (2) repression's characteristics, (3) correlation of political forces at the transition stage and (4) international influences.
Author: Claudio Corradetti
Publisher: Routledge
ISBN: 1317010876
Category : Law
Languages : en
Pages : 276
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Book Description
This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.
Author: Renee Jeffery
Publisher: Cambridge University Press
ISBN: 110704037X
Category : Law
Languages : en
Pages : 325
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Book Description
This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.
Author: Naomi Roht-Arriaza
Publisher: Cambridge University Press
ISBN: 1139458655
Category : Social Science
Languages : en
Pages : 317
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Book Description
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.
Author: Catherine Turner
Publisher: Routledge
ISBN: 1317441400
Category : Law
Languages : en
Pages : 206
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Book Description
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.
Author: Nicole Iturriaga
Publisher: Columbia University Press
ISBN: 0231553943
Category : Social Science
Languages : en
Pages : 295
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Book Description
Winner, 2023 Charles Tilly Distinguished Contribution to Scholarship Book Award, Collective Behavior and Social Movements Section, American Sociological Association Honorable Mention, 2023 Peace, War, and Social Conflict Section Outstanding Book Award, Peace, War, and Social Conflict Section, American Sociological Association Many years after the fall of Franco’s regime, Spanish human rights activists have turned to new methods to keep the memory of state terror alive. By excavating mass graves, exhuming remains, and employing forensic analysis and DNA testing, they seek to provide direct evidence of repression and break through the silence about the dictatorship’s atrocities that persisted well into Spain’s transition to democracy. Nicole Iturriaga offers an ethnographic examination of how Spanish human rights activists use forensic methods to challenge dominant histories, reshape collective memory, and create new forms of transitional justice. She argues that by grounding their claims in science, activists can present themselves as credible and impartial, helping them intervene in fraught public disputes about the remembrance of the past. The perceived legitimacy and authenticity of scientific techniques allows their users to contest the state’s historical claims and offer new narratives of violence in pursuit of long-delayed justice. Iturriaga draws on interviews with technicians and forensics experts and provides a detailed case study of Spain’s best-known forensic human rights organization, the Association for the Recovery of Historical Memory. She also considers how the tools and tactics used in Spain can be adopted by human rights and civil society groups pursuing transitional justice in other parts of the world. An ethnographically rich account, Exhuming Violent Histories sheds new light on how science and technology intersect with human rights and collective memory.
Author: Hakeem O. Yusuf
Publisher: Routledge
ISBN: 1317642546
Category : Law
Languages : en
Pages : 235
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Book Description
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.
Author: American Society for Political and Legal Philosophy. Meeting
Publisher: NYU Press
ISBN: 0814794661
Category : Law
Languages : en
Pages : 382
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Book Description
"This volume ... arose out of the papers and commentaries presented at the annual meeting of the American Society for Legal and Political Philosophy in conjunction with the American Political Science Association meetings in Washington, D.C., in September 2005"--Preface.
Author: Paul Gready
Publisher: Cambridge University Press
ISBN: 1108668577
Category : Political Science
Languages : en
Pages : 345
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Book Description
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
