Critical Perspectives in Transitional Justice

doi:10.1017/9781839700224

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Edited by Nicola Palmer, Phil Clark, Danielle Granville

Publisher:: Intersentia
Online publication date:: December 2020
Print publication year:: 2012
Online ISBN:: 9781839700224
DOI:: https://doi.org/10.1017/9781839700224

Series:: Series on Transitional Justice
Subjects:: Law, Humanitarian Law

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In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question. Critical Perspectives in Transitional Justice takes stock of this burgeoning field and, in gathering the views of scholars and practitioners from a wide range of national and methodological backgrounds, explores four key concerns with current trends in transitional justice: the under-theorisation of the field, its disconnect from core academic disciplines, its tendency towards advocacy rather than analysis, and its emphasis on technical institutional responses without clear articulations of their objectives. This vital book - edited by Oxford Transitional Justice Research - is designed to deepen theoretical and empirical discussions within transitional justice by providing critical perspectives on common concepts, issues, methodologies, institutions and mechanisms. Its purpose is to clarify key terms, challenge core assumptions and highlight important tensions, inconsistencies and disagreements in the field with the ultimate aim of harnessing the enormous energy of transitional justice for more fruitful ends. The breadth of debates in this volume highlights the scope, inclusiveness and ambition of this field but also underscores that - despite its geographical, conceptual and disciplinary expanse - consistent questions arise regarding contextually appropriate objectives, the balance between individual and collective needs and interests, and securing the legitimacy of transitional processes among those affected by past violations.

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Critical Perspectives in Transitional Justice

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Frontmatter
pp i-iv

Note
pp v-vi

Acknowledgements
pp vii-viii

Contents
pp ix-xii

Abbreviations
pp xiii-xiv

Introduction

Challenging Transitional Justice
pp 1-16

Section 1 - Critiquing Core Concepts in Transitional Justice

1 - Transitional Justice and the Just War Tradition
pp 17-30

2 - Transitional Justice as Retribution: Revisiting its Kantian Roots
pp 31-50

3 - A Discourse Theoretic Approach to Transitional Justice Ideals: Conceptualising ‘Reconciliation’ as an Empty Universal in Times of Political Transition
pp 51-72

4 - Transitions as States of Exception: Towards a More General Theory of Transitional Justice
pp 73-90

5 - Commentary on Critiquing Core Transitional Justice Concepts
pp 91-100

Section 2 - Accountability, Human Rights and the Rule of Law

6 - Human Rights, International Courts and Deliberative Democracy
pp 101-118

7 - Accountability After Atrocity in Peru: The Trial of Former President Alberto Fujimori in Comparative Perspective
pp 119-146

8 - Hybrid Human Rights Mechanisms in Post-Conflict Transitions: The Experience of the Bosnian Human Rights Chamber
pp 147-168

9 - International Sentencing as a Force for Achieving Peace through Justice
pp 169-188

10 - Can International Justice Be Restorative Justice? The Role of Reparations
pp 189-210

11 - Commentary on Accountability, Human Rights and the Rule of Law
pp 211-216

Section 3 - Locality and Legitimacy

12 - Legitimacy, Power and Memory at the Extraordinary Chambers in the Courts of Cambodia
pp 217-234

13 - Outreach, Inreach and Civil Society Participation in Transitional Justice
pp 235-262

14 - ‘Blow Your Mind and Cool Your Heart’: Can Tradition-Based Justice Fill the Transitional Justice Gap in Sierra Leone?
pp 263-288

15 - The Elusive Quest for Reconciliation in Northern Uganda
pp 289-310

16 - Commentary on Locality and Legitimacy
pp 311-318

Section 4 - Memory, Ritual and Apology

17 - “Lebanon of Dignity, a People that Perseveres”: A Psychological Perspective on Collective Amnesia in Lebanon and its Implications for Transitional Justice
pp 319-346

18 - Performing Reconciliation: A Performance Approach to the Analysis of Political Apologies
pp 347-368

19 - Self-Inflicted Genocide and State- and Nation-Building in Post-Soviet Russia
pp 369-392

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Critical Perspectives in Transitional Justice

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