Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-x5cpj Total loading time: 0 Render date: 2024-07-28T05:16:15.658Z Has data issue: false hasContentIssue false

3 - Justice for Whom?

from Part I - Transitional Justice Peripheries

Published online by Cambridge University Press:  23 February 2018

Dustin N. Sharp
Affiliation:
University of San Diego
Get access

Summary

In Chapter Three, I ask the question of “justice for whom” by exploring the frictions and contractions generated by the interface point between a largely liberal internationalist transitional justice enterprise and dimensions of “the local” (local ownership, local values, local practices, etc). Relatedly, this chapter looks at the “how” of dominant transitional justice practice. I argue that the dominance of law, legalism, liberalism and western conceptions of justice associated with the field has occasionally fostered a rather clumsy and tense engagement with questions of non-conventional (i.e., non-Western) justice, resulting in a loss of legitimacy and effectiveness. While this is widely recognized, the question of how to avoid such problems going forward is far less clear. Ultimately, I argue that while the local is as problematic as it is promising, making transitional justice into more of a true global project—where global is not simply a byword for northern or western—will require an at times uncomfortable degree of legal pluralism for many western human rights lawyers with a large margin of appreciation, even if that pluralism is still best managed within the values of a loosely liberal system.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Justice for Whom?
  • Dustin N. Sharp, University of San Diego
  • Book: Rethinking Transitional Justice for the Twenty-First Century
  • Online publication: 23 February 2018
  • Chapter DOI: https://doi.org/10.1017/9781108609180.004
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Justice for Whom?
  • Dustin N. Sharp, University of San Diego
  • Book: Rethinking Transitional Justice for the Twenty-First Century
  • Online publication: 23 February 2018
  • Chapter DOI: https://doi.org/10.1017/9781108609180.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Justice for Whom?
  • Dustin N. Sharp, University of San Diego
  • Book: Rethinking Transitional Justice for the Twenty-First Century
  • Online publication: 23 February 2018
  • Chapter DOI: https://doi.org/10.1017/9781108609180.004
Available formats
×