From Transitional to Transformative Justice
From Transitional to Transformative Justice

Author: Paul Gready

Publisher: Cambridge University Press

Published: 2019-02-21

Total Pages: 345

ISBN-13: 1108668577

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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.

Beyond Transitional Justice
Beyond Transitional Justice

Author: Matthew Evans

Publisher: Routledge

Published: 2022-04-06

Total Pages: 85

ISBN-13: 1000564789

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Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding, and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions and covering critical, international, interdisciplinary, theoretical, and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field – or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology.

Transformative Justice
Transformative Justice

Author: Matthew Evans

Publisher: Routledge

Published: 2018-06-27

Total Pages: 268

ISBN-13: 1351239449

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Transitional justice mechanisms employed in post-conflict and post-authoritarian contexts have largely focused upon individual violations of a narrow set of civil and political rights, as well as the provision of legal and quasi-legal remedies, such as truth commissions, amnesties and prosecutions. In contrast, this book highlights the significance of structural violence in producing and reproducing rights violations. The book further argues that, in order to remedy structural violations of human rights, there is a need to utilise a different toolkit from that typically employed in transitional justice contexts. The book sets out and applies a definition of transformative justice as expanding upon, and providing an alternative to, transitional justice. Focusing on a comparative study of social movements, nongovernmental organisations and trade unions working on land and housing rights in South Africa, and their network relationships, the book argues that networks of this kind make an important contribution to processes advancing transformative justice.

Transformative Transitional Justice and the Malleability of Post-Conflict States
Transformative Transitional Justice and the Malleability of Post-Conflict States

Author: Padraig McAuliffe

Publisher: Edward Elgar Publishing

Published: 2017-03-31

Total Pages: 443

ISBN-13: 1783470046

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Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

After the Berlin Wall
After the Berlin Wall

Author: Hope M. Harrison

Publisher: Cambridge University Press

Published: 2019-09-26

Total Pages: 483

ISBN-13: 1107049318

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A revelatory history of the commemoration of the Berlin Wall and its significance in defining contemporary German national identity.

Resilience, Adaptive Peacebuilding and Transitional Justice
Resilience, Adaptive Peacebuilding and Transitional Justice

Author: Janine Natalya Clark

Publisher: Cambridge University Press

Published: 2021-10-07

Total Pages: 309

ISBN-13: 110891151X

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Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice – among them (re)establishing the rule of law, delivering justice and aiding reconciliation – implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have – and can – contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book is available as Open Access.

Transitional Justice
Transitional Justice

Author: Ruti G. Teitel

Publisher: Oxford University Press

Published: 2002-03-28

Total Pages: 305

ISBN-13: 019988224X

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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.

In the Shadow of Transitional Justice
In the Shadow of Transitional Justice

Author: Guy Elcheroth

Publisher: Routledge

Published: 2021-11

Total Pages: 0

ISBN-13: 9781032128351

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This volume bridges two different research fields and the current debates within them. On the one hand, the transitional justice literature has been shaken by powerful calls to make the doctrine and practice of justice more transformative. On the other hand, collective memory studies now tend to look more closely at meaningful silences to make sense of what nations leave out when they remember their pasts. The book extends the scope of this heuristic approach to the different mechanisms that come under the umbrella of transitional justice, including legal prosecution, truth-seeking and reparations, alongside memorialisation. The 15 chapters included in the volume, written by expert scholars from diverse disciplinary and societal backgrounds, explore a range of practices intended to deal with the past, and how making the invisible visible again can make transitional justice - or indeed, any societal engagement with the past - more transformative. Seeking to combine contextual depth and comparative width, the book features two key case analyses - South Africa and Sri Lanka - alongside discussions of multiple cases, including such emblematic sites as Rwanda and Argentina, but also sites better known for resisting than for embracing international norms of transitional justice, such as Turkey or Côte d'Ivoire. The different contributions, grouped in themed sections, progressively explore the issues, actors and resources that are typically forgotten when societies celebrate their pasts rather than mourning their losses and, in doing so, open new possibilities to build more inclusive processes for addressing the present consequences of past injustice.

Rethinking Transitional Gender Justice
Rethinking Transitional Gender Justice

Author: Rita Shackel

Publisher: Springer

Published: 2018-10-08

Total Pages: 394

ISBN-13: 3319778900

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This book draws together established and emerging scholars from sociology, law, history, political science and education to examine the global and local issues in the pursuit of gender justice in post-conflict settings. This examination is especially important given the disappointing progress made to date in spite of concerted efforts over the last two decades. With contributions from both academics and practitioners working at national and international levels, this work integrates theory and practice, examining both global problems and highly contextual case studies including Kenya, Somalia, Peru, Afghanistan and DRC. The contributors aim to provide a comprehensive and compelling argument for the need to fundamentally rethink global approaches to gender justice.