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Theorizing Transitional Justice

Theorizing Transitional Justice

Author: Claudio Corradetti; Nir Eisikovits; Jack Rotondi
Publisher: Routledge
ISBN: 9781472418296
Published In: February 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Introduction.

Part I Is it Always Necessary to Account for Past Wrongs?: Forgetting after war: a qualified defense, J. Rotondi and N. Eisikovits

Peace without the past? Truth, transition and the Northern Ireland case, Cheryl Lawther.

Part II Punishing after War: The force of forgetting or forced forgetting? Schmittian amnesties and transitional justice, Juan Espindola

Transitional justice, retributive justice and accountability for wrongdoing, Colleen Murphy.

Part III Transitional Justice as a Vehicle of Structural and Institutional Change: Transitional justice as structural justice, Krista Thomason

Justice seeking in settler states: a model for thinking about ‘justice’ in transitional societies, Michael Phillips

Structural causes of conflict and the superficiality of transition, Padraig McAuliffe.

Part IV Transitional Justice and Political Reconciliation: Reconcilable resentments? Jean Améry’s critique of forgiveness in the aftermath of atrocity, Grace Hunt

A theory of national reconciliation: some insights from Africa, Thaddeus Metz

Restoring human capability: reconciliation and liberal multiculturalism, Monica Mookherjee.

Part V Transitional Justice and the Arts: Transitional justice and the arts: reflections on the field, Sanja Bahun

Democratic ‘sacred spaces’: public architecture and transitional justice, Mihaela Mihai.

Part VI Defining the Parameters of Transitional Justice: Transitional times, reflective judgment and the ‘Hōs mē’ condition, C. Corradetti

Further explorations of the social death hypothesis, Claudia Card

Making reparations possible: theorizing reparative justice, Margaret Urban Walker.

Part VII Case Studies: Trust and commitment: how Athens rebuilt the rule of law, Paul Gowder

Transitional justice in post-genocide Rwanda: an integrative approach, Lynne Tirrell. Index.

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