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Transitional Justice and the Public Sphere: Engagement, Legitimacy and Contestation

Transitional Justice and the Public Sphere: Engagement, Legitimacy and Contestation

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509936892
  • Published In: March 2020
  • Format: Paperback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 500.00

HKD 485.00 Save HKD 15.00 (3%)

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  • Description 
  • Contents 
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    Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities.

    This book looks at the question of transparency from the perspective of transitional justice. Bringing together perspectives of scholars from across the disciplinary spectrum, the collection looks at the question from the socio-legal, cultural studies and practitioner perspective. Taking a three part approach it looks firstly at basic principles guiding justice globally before exploring courts and how they make justice visible. Finally the collection looks at the interface between law, transitional justice institutions and the public sphere.

  • 1. Introduction: The Rational and the Emotional: Issues of Transparency and Legitimacy in Transitional Justice
    Chrisje Brants and Susanne Karstedt

    Part I: Transitional Justice and its Public Spheres: Principles of Justice
    2. Justice as the Art of Muddling through: The Importance of Nyaya in the Aftermath of International Crimes
    Antony Pemberton and Rianne Letschert
    3. Emotional Discourse in a Rational Public Sphere: The Victim and the International Criminal Trial
    Chrisje Brants
    4. Credible Justice and Incredible Crimes
    Susanne Karstedt
    5. Globalisation, Crime and Governance: Transparency, Accountability and Participation as Principles for Global Criminal Law
    Paul De Hert

    Part II: Justice Seen to Be Done: Courts and the Public
    6. International Judicial Institutions: (Re)Defining 'Public' Proceedings?
    Olga Kavran
    7. The Contestation of Complementarity in Uganda: The Case of Thomas Kwoyelo
    Lauren Gould
    8. Discursive Proceedings and the Transitional Trial: A View from the Extraordinary Chambers in the Courts of Cambodia
    Cheryl White
    9. Unmet Expectations and the Legitimacy of Transitional Justice Institutions: The International Criminal Tribunal for the Former Yugoslavia and the Extraordinary Chambers in the Courts of Cambodia
    Ray Nickson

    Part III: Beyond the Courts: Creating Public Spheres of Testimony
    10. Witness Testimony and the Incommensurability of Truth in Argentina
    Antonius CGM Robben
    11. Faces of Truth: Journalism, Justice and War
    Kees Brants and Chrisje Brants
    12. Memory Laws: Regulating Memory and the Policing of Acknowledgement and Denial
    Marloes van Noorloos
    13. Challenges to the Movement to Exhume the Missing Victims of the Spanish Civil War and Francoist Dictatorship
    Natalia Maystorovich Chulio
    14. Portraits of the Dead and the Living: Bosnia and Rwanda 20 Years on
    Olivera Simic

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