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

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

Name: Transitional Justice and the Public Sphere: Engagement, Legitimacy and Contestation
Brand: Hart Publishing
SKU: 9781509900169
Price: 1261.00 HKD
Availability: InStock
Author: Chrisje Brants; Susanne Karstedt
ISBN: 9781509900169

Edited by Chrisje Brants · Susanne Karstedt

Hart Publishing November 2017

Specifications

ISBN-13: 9781509900169
Publisher: Hart Publishing
Publication: November 2017
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

Details

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