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.
Author: Rosalind Shaw
Publisher: Stanford University Press
ISBN: 9780804761505
Category : Political Science
Languages : en
Pages : 0
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Book Description
Through war crimes prosecutions, truth commissions, purges of perpetrators, reparations, and memorials, transitional justice practices work under the assumptions that truth telling leads to reconciliation, prosecutions bring closure, and justice prevents the recurrence of violence. But when local responses to transitional justice destabilize these assumptions, the result can be a troubling disconnection between international norms and survivors' priorities. Localizing Transitional Justice traces how ordinary people respond to—and sometimes transform—transitional justice mechanisms, laying a foundation for more locally responsive approaches to social reconstruction after mass violence and egregious human rights violations. Recasting understandings of culture and locality prevalent in international justice, this vital book explores the complex, unpredictable, and unequal encounter among international legal norms, transitional justice mechanisms, national agendas, and local priorities and practices.
Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529561
Category : Law
Languages : en
Pages : 287
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Book Description
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.
Author: Colleen Murphy
Publisher: Cambridge University Press
ISBN: 1108228607
Category : Law
Languages : en
Pages : 233
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Book Description
Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
Author: Tricia D. Olsen
Publisher: United States Institute of Peace Press
ISBN: 9781601270535
Category : Philosophy
Languages : en
Pages : 0
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Book Description
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
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.
Author: Clara Ramirez-Barat
Publisher:
ISBN: 9780911400038
Category : Democracy and education
Languages : en
Pages : 0
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Book Description
After periods of conflict and authoritarianism, educational institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportunities, legacies of injustice may pose significant challenges to effective reform. Peacebuilding and development perspectives, which normally drive the reconstruction agenda, pay little attention to the violent past. Transitional Justice and Education: Learning Peace presents the findings of a research project of the International Center for Transitional Justice on the relationship between transitional justice and education in peacebuilding contexts. The book examines how transitional justice can shape the reform of education systems by ensuring programs are sensitive to the legacies of the past, how it can facilitate the reintegration of children and youth into society, and how education can engage younger generations in the work of transitional justice.
Author: Marwan Hisham
Publisher: One World
ISBN: 0399590625
Category : Biography & Autobiography
Languages : en
Pages : 322
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Book Description
A bracingly immediate memoir by a young man coming of age during the Syrian war, an intimate lens on the century’s bloodiest conflict, and a profound meditation on kinship, home, and freedom. A NEW YORK TIMES NOTABLE BOOK • LONGLISTED FOR THE NATIONAL BOOK AWARD • “This powerful memoir, illuminated with Molly Crabapple’s extraordinary art, provides a rare lens through which we can see a region in deadly conflict.”—Bryan Stevenson, author of Just Mercy In 2011, Marwan Hisham and his two friends—fellow working-class college students Nael and Tareq—joined the first protests of the Arab Spring in Syria, in response to a recent massacre. Arm-in-arm they marched, poured Coca-Cola into one another’s eyes to blunt the effects of tear gas, ran from the security forces, and cursed the country’s president, Bashar al-Assad. It was ecstasy. A long-bottled revolution was finally erupting, and freedom from a brutal dictator seemed, at last, imminent. Five years later, the three young friends were scattered: one now an Islamist revolutionary, another dead at the hands of government soldiers, and the last, Marwan, now a journalist in Turkish exile, trying to find a way back to a homeland reduced to rubble. Marwan was there to witness and document firsthand the Syrian war, from its inception to the present. He watched from the rooftops as regime warplanes bombed soldiers; as revolutionary activist groups, for a few dreamy days, spray-painted hope on Raqqa; as his friends died or threw in their lot with Islamist fighters. He became a journalist by courageously tweeting out news from a city under siege by ISIS, the Russians, and the Americans all at once. He saw the country that ran through his veins—the country that held his hopes, dreams, and fears—be destroyed in front of him, and eventually joined the relentless stream of refugees risking their lives to escape. Illustrated with more than eighty ink drawings by Molly Crabapple that bring to life the beauty and chaos, Brothers of the Gun offers a ground-level reflection on the Syrian revolution—and how it bled into international catastrophe and global war. This is a story of pragmatism and idealism, impossible violence and repression, and, even in the midst of war, profound acts of courage, creativity, and hope. “A book of startling emotional power and intellectual depth.”—Pankaj Mishra, author of Age of Anger and From the Ruins of Empire “A revelatory and necessary read on one of the most destructive wars of our time.”—Angela Davis
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.
Author: Elin Skaar
Publisher: Routledge
ISBN: 1317696913
Category : Law
Languages : en
Pages : 232
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Book Description
After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
