Remaking Transitional Justice In The United States

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Remaking Transitional Justice in the United States

Author : James Edward Beitler III
Publisher : Springer Science & Business Media
ISBN 13 : 1461452953
Total Pages : 174 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Remaking Transitional Justice in the United States by : James Edward Beitler III

Download or read book Remaking Transitional Justice in the United States written by James Edward Beitler III and published by Springer Science & Business Media. This book was released on 2012-11-09 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remaking Transitional Justice in the United States: The Rhetoric of the Greensboro Truth and Reconciliation Commission explores rhetorical attempts to authorize the Greensboro Truth and Reconciliation Commission—a grassroots, U.S.-based truth commission created in 2004 toredress past injustices in the city. Through detailed rhetorical analyses, the book demonstratesthat the development of the field of transitional justice has given rise to a transnational rhetorical tradition that provides those working in the field with series of “enabling constraints.” The book then shows how Greensboro stakeholders attempted to reaccentuate this rhetorical tradition in their rhetorical performances to construct authority and bring about justice, even as the tradition shaped their discourse in ways that limited the scope of their responses. Calling attention to the rhetorical interdependence among practitioners of transitional justice, this study offers insights into the development of transitional justice in the United States and in grassroots contexts in other liberal democracies. The volume is a relevant guide to scholars and practitioners of transitional justice as it brings into relief mechanisms of transitional justice that are frequently overlooked—namely, rhetorical mechanisms. It also speaks to any readers who may be interested in the communicative strategies/tactics that may be employed by grassroots transitional justice initiatives.

United States Law and Policy on Transitional Justice

Author : Zachary D. Kaufman
Publisher : Oxford University Press
ISBN 13 : 0190668407
Total Pages : 387 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis United States Law and Policy on Transitional Justice by : Zachary D. Kaufman

Download or read book United States Law and Policy on Transitional Justice written by Zachary D. Kaufman and published by Oxford University Press. This book was released on 2017-01-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Transitional Justice in Aparadigmatic Contexts

Author : Tine Destrooper
Publisher : Taylor & Francis
ISBN 13 : 1000845605
Total Pages : 185 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Transitional Justice in Aparadigmatic Contexts by : Tine Destrooper

Download or read book Transitional Justice in Aparadigmatic Contexts written by Tine Destrooper and published by Taylor & Francis. This book was released on 2023-03-23 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights. The Introduction, Chapter 8 and the Concluding Remarks of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Transitional Justice

Author : Neil J. Kritz
Publisher : US Institute of Peace Press
ISBN 13 : 9781878379436
Total Pages : 644 pages
Book Rating : 4.3/5 (794 download)

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Book Synopsis Transitional Justice by : Neil J. Kritz

Download or read book Transitional Justice written by Neil J. Kritz and published by US Institute of Peace Press. This book was released on 1995 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword - Nelson Mandela

Transitional Justice

Author : Norman Weiß
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

Author : Hakeem O. Yusuf
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.

United States Law and Policy on Transitional Justice

Author : Zachary Daniel Kaufman
Publisher : Oxford University Press
ISBN 13 : 019024349X
Total Pages : 383 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis United States Law and Policy on Transitional Justice by : Zachary Daniel Kaufman

Download or read book United States Law and Policy on Transitional Justice written by Zachary Daniel Kaufman and published by Oxford University Press. This book was released on 2016 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Theorizing Transitional Justice

Author : Claudio Corradetti
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.

Transformative Transitional Justice and the Malleability of Post-Conflict States

Author : Padraig McAuliffe
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470046
Total Pages : 443 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Transformative Transitional Justice and the Malleability of Post-Conflict States by : Padraig McAuliffe

Download or read book Transformative Transitional Justice and the Malleability of Post-Conflict States written by Padraig McAuliffe and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Violence

Author : Elin Skaar
Publisher : Routledge
ISBN 13 : 1317696905
Total Pages : 250 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis After Violence by : Elin Skaar

Download or read book After Violence written by Elin Skaar and published by Routledge. This book was released on 2015-04-17 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutionalizing Transitional Justice

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
ISBN 13 : 042999883X
Total Pages : 263 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Constitutionalizing Transitional Justice by : Cheng-Yi Huang

Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

American Transitional Justice

Author : Natalie R. Davidson
Publisher : Cambridge University Press
ISBN 13 : 1108477704
Total Pages : 219 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis American Transitional Justice by : Natalie R. Davidson

Download or read book American Transitional Justice written by Natalie R. Davidson and published by Cambridge University Press. This book was released on 2020-07-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how two landmark transnational human rights lawsuits operated as transitional justice mechanisms in the former Western bloc.

Transitional Justice

Author : Neil J. Kritz
Publisher : United States Inst of Peace Press
ISBN 13 : 9781878379474
Total Pages : 604 pages
Book Rating : 4.3/5 (794 download)

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Book Synopsis Transitional Justice by : Neil J. Kritz

Download or read book Transitional Justice written by Neil J. Kritz and published by United States Inst of Peace Press. This book was released on 1995 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should an emerging democracy cope with the legacy of an ousted repressive regime? How can a new society redress past abuses without creating new injustices, while peacefully integrating the victims and the perpetrators?By bringing together the collective experience of numerous countries and cultures over the past fifty years, this three-volume compilation of readings provides an invaluable resource for government officials, private organizations, scholars, and others involved in the transitions of today and tomorrow.

Truth, Reparations and Social Cohesion

Author : Elisabeth Bunselmeyer
Publisher : Routledge
ISBN 13 : 1000045110
Total Pages : 167 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Truth, Reparations and Social Cohesion by : Elisabeth Bunselmeyer

Download or read book Truth, Reparations and Social Cohesion written by Elisabeth Bunselmeyer and published by Routledge. This book was released on 2020-02-25 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the effectiveness of transitional justice mechanisms for repairing social cohesion. Truth commissions and reparation programs are implemented worldwide to enhance social cohesion, peace and democracy in post-conflict settings. Most claims about transitional justice measures are, however, normatively and not empirically based.The book questions whether attention from a truth and reconciliation commission can truly change the lives of the violence-affected people and whether monetary compensations or communal projects in form of milk cows can ever truly "repair" the harm suffered. The within-country comparative case study analyzes the effects of the commission and reparation program in Peru. It studies the post-conflict situation and the development of social cohesion in communities affected by the internal armed conflict. Using detailed empirical data this analysis reveals why the "reparation" of social cohesion in Peru was an impossible task. Contributing to a broader understanding of the impact of nationally applied transitional justice instruments in local settings, the book further offers a new framework for analyzing social cohesion as one of the aims of transitional justice processes. Offering a detailed account of transitional justice processes and social cohesion on the micro level, as well as an important analysis of their relationship, this innovative monograph will be invaluable for transitional justice scholars and students, as well as for international political and societal actors who are involved in transitional justice measures.

US Foreign Policy on Transitional Justice

Author : Annie R. Bird
Publisher : Oxford University Press
ISBN 13 : 019026652X
Total Pages : 240 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis US Foreign Policy on Transitional Justice by : Annie R. Bird

Download or read book US Foreign Policy on Transitional Justice written by Annie R. Bird and published by Oxford University Press. This book was released on 2015-03-04 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, the United States has been a key driver of transitional justice. It has provided crucial political backing, as well as technical and financial assistance for trials, truth commissions, and other measures aimed at helping societies address serious human rights violations. Surprisingly, however, scholars have not analyzed closely the role of the US in transitional justice. This book offers the first systematic and cross-cutting account of US foreign policy on transitional justice. It explores the development of US foreign policy on the field from World War I to the present, and provides an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. Annie Bird supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, the book shows how the diverse and evolving interests of presidential administrations, Congress, the State Department, and other agencies play a major role in shaping US involvement in transitional justice. The book argues that, despite multiple influences, US foreign policy on transitional justice is characterized by a distinctive approach that is symbolic, retributive, and strategic. As the book concludes, this approach has influenced the field as a whole, including the establishment, design, and implementation of transitional justice measures.

Transitional Justice

Author :
Publisher :
ISBN 13 : 9781878379474
Total Pages : 822 pages
Book Rating : 4.3/5 (794 download)

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Book Synopsis Transitional Justice by :

Download or read book Transitional Justice written by and published by . This book was released on 1995 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice and Peacebuilding on the Ground

Author : Chandra Lekha Sriram
Publisher : Routledge
ISBN 13 : 1136191143
Total Pages : 315 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Transitional Justice and Peacebuilding on the Ground by : Chandra Lekha Sriram

Download or read book Transitional Justice and Peacebuilding on the Ground written by Chandra Lekha Sriram and published by Routledge. This book was released on 2012-12-07 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding. This book will be of great interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR.