International Journal of Rule of Law, Transitional Justice And Human Rights

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Publisher : Association Pravnik Sarajevo
ISBN 13 :
Total Pages : 163 pages
Book Rating : 4./5 ( download)

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Book Synopsis International Journal of Rule of Law, Transitional Justice And Human Rights by :

Download or read book International Journal of Rule of Law, Transitional Justice And Human Rights written by and published by Association Pravnik Sarajevo. This book was released on with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice and the Rule of Law in New Democracies

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Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Transitional Justice and the Rule of Law in New Democracies by : A. James McAdams

Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James McAdams and published by . This book was released on 1997 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Transitional Justice

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Publisher : Springer Nature
ISBN 13 : 3662651513
Total Pages : 160 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Transitional Justice by : Gerhard Werle

Download or read book Transitional Justice written by Gerhard Werle and published by Springer Nature. This book was released on 2022-09-08 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).

Transitional Justice and Rule of Law Reconstruction

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Publisher : Routledge
ISBN 13 : 1135037760
Total Pages : 305 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Transitional Justice and Rule of Law Reconstruction by : Padraig McAuliffe

Download or read book Transitional Justice and Rule of Law Reconstruction written by Padraig McAuliffe and published by Routledge. This book was released on 2013-06-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Transitional Justice

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Publisher : Routledge
ISBN 13 : 1317642546
Total Pages : 235 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Transitional Justice by : Hakeem O. Yusuf

Download or read book Transitional Justice written by Hakeem O. Yusuf and published by Routledge. This book was released on 2021-09-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice, International Assistance, and Civil Society

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Publisher : Cambridge University Press
ISBN 13 : 1107166780
Total Pages : 295 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Transitional Justice, International Assistance, and Civil Society by : Paige Arthur

Download or read book Transitional Justice, International Assistance, and Civil Society written by Paige Arthur and published by Cambridge University Press. This book was released on 2018-03-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how international assistance shapes transitional justice around the world, and asks how civil society can play a larger role in them.

Research Handbook on Transitional Justice

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Publisher : Edward Elgar Publishing
ISBN 13 : 180220251X
Total Pages : 547 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on Transitional Justice by : Cheryl Lawther

Download or read book Research Handbook on Transitional Justice written by Cheryl Lawther and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Theories

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Publisher : Routledge
ISBN 13 : 1135055068
Total Pages : 228 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Transitional Justice Theories by : Susanne Buckley-Zistel

Download or read book Transitional Justice Theories written by Susanne Buckley-Zistel and published by Routledge. This book was released on 2013-10-30 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.

An Introduction to Transitional Justice

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317373782
Total Pages : 333 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis An Introduction to Transitional Justice by : Olivera Simić

Download or read book An Introduction to Transitional Justice written by Olivera Simić and published by Taylor & Francis. This book was released on 2016-11-25 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.

Transitional Justice

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Publisher : Oxford University Press
ISBN 13 : 019988224X
Total Pages : 404 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Transitional Justice by : Ruti G. Teitel

Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2002-03-28 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Right to Know the Truth in Transitional Justice Processes

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Publisher : BRILL
ISBN 13 : 9004439471
Total Pages : 413 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Right to Know the Truth in Transitional Justice Processes by : Natasha Stamenkovikj

Download or read book The Right to Know the Truth in Transitional Justice Processes written by Natasha Stamenkovikj and published by BRILL. This book was released on 2021-11-29 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Natasha Stamenkovikj offers a comprehensive account of the right to the truth as a right in international law and an element in delivering justice though European governance.

Law in Transition

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782254129
Total Pages : 392 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law in Transition by : Ruth Buchanan

Download or read book Law in Transition written by Ruth Buchanan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School

Transitional Justice

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Publisher : Universitätsverlag Potsdam
ISBN 13 : 3869564733
Total Pages : 200 pages
Book Rating : 4.8/5 (695 download)

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Book Synopsis Transitional Justice by : Norman Weiß

Download or read book Transitional Justice written by Norman Weiß and published by Universitätsverlag Potsdam. This book was released on 2022-01-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.

Transitional Justice in Comparative Perspective

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Publisher : Springer Nature
ISBN 13 : 3030349179
Total Pages : 244 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Transitional Justice in Comparative Perspective by : Samar El-Masri

Download or read book Transitional Justice in Comparative Perspective written by Samar El-Masri and published by Springer Nature. This book was released on 2020-01-17 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Current Issues in Transitional Justice

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Publisher : Springer
ISBN 13 : 3319093908
Total Pages : 380 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Current Issues in Transitional Justice by : Natalia Szablewska

Download or read book Current Issues in Transitional Justice written by Natalia Szablewska and published by Springer. This book was released on 2014-10-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Rule-of-law Tools for Post-conflict States

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Author :
Publisher : United Nations Publications
ISBN 13 : 9789211541885
Total Pages : 0 pages
Book Rating : 4.5/5 (418 download)

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Book Synopsis Rule-of-law Tools for Post-conflict States by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Rule-of-law Tools for Post-conflict States written by United Nations. Office of the High Commissioner for Human Rights and published by United Nations Publications. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For transitional justice efforts to be effective, they must be grounded in international human rights standards. Above all, they must be human rights-based: consistently focusing on the rights and needs of victims and their families. A human rights-based approach to transitional justice demands that programmes should be designed in a context of in-depth consultation with affected communities. International human rights law requires national consultations to be undertaken. consultation can particularly benefit the design of specific aspects of transitional justice programmes, such as determining the best formal role for victims to play, highlighting the experience of otherwise neglected victim groups. In addition, national consultations can revitalize stalled or excessively slow-moving peace processes or make it difficult for peace negotiators and other decision makers to back out of their commitments to transitional justice.

Theorizing Transitional Justice

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Author :
Publisher : Routledge
ISBN 13 : 1317010868
Total Pages : 360 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Theorizing Transitional Justice by : Claudio Corradetti

Download or read book Theorizing Transitional Justice written by Claudio Corradetti and published by Routledge. This book was released on 2016-02-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.