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Vol 21 No 10 Oct/Nov 2016

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Transitional Justice


ISBN13: 9780195151268
ISBN: 0195151267
Published: January 2001
Publisher: Oxford University Press
Country of Publication: USA
Format: Paperback
Price: £18.49
Hardback edition , ISBN13 9780195100648



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At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones?

Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change.

Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition.

Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Subjects:
Public International Law
Contents:
Introduction
1. The Rule of Law
2. Criminal Justice
3. Historical Justice
4. Reparatory Justice
5. Administrative Justice
6. Constitutional Justice
7. Towards a Theory of Transitional Justice