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Transitional Justice Theories

Edited by: Susanne Buckley Zistel, Teresa Koloma Beck, Christian Braun, Friederike Mieth

ISBN13: 9780415822107
Published: September 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781138924451



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Transitional justice is rapidly gaining significance as an umbrella term for mechanisms and policy instruments for dealing with a violent past in the aftermath of mass atrocities or dictatorial regimes. The practice of transitional justice brings into place institutions and mechanisms addressing systematic human rights abuses in order to promote the transition to a peaceful coexistence. These include retributive measures, such as tribunals and court trials, as well as restorative or transformative initiatives in view of enhancing community relations, such as truth commissions or memory work. Yet, despite the range of activities conducted globally and the vibrant academic debate on the topic, there are but few attempts to conceptualise transitional justice theoretically.

Transitional Justice Theories fills this gap. The first part of the book theorises transitional justice through the notion of transition. Using the concepts of social learning, social trust, implicit memory, and collective trauma, the chapters attempt to identify distinct features of the transitional moment and theoretically capture relevant social processes on a micro- and macro-level. The second part focuses on the notion of justice, outlining different understandings, such as restorative, transformative, and reparative; and discussing the use of these concepts in different settings and by different agents. The third part considers the academic as well as political discourses on transitional justice from the perspective of critical social theories, including feminism and postcolonialism. Contributing to the academic debate as well as to the practice of transitional justice, Transitional Justice Theories is an important contribution to this fast growing field

Subjects:
Public International Law
Contents:
Introduction. Theories of/for Transitional Justice, Christian Braun, Susanne Buckley-Zistel, Teresa Koloma Beck, Friederike Mieth

Part I: Theorising Transitional Justice:
Chapter 1. Political Liberalism after Mass Violence: John Rawls and a "Theory" of Transitional Justice, Kora Andrieu
Chapter 2. Enabling Justice, Transforming Law: Elements of a Theory of Transitional Justice, Thomas Bundschuh
Chapter 3. Transitional Justice in Liberal Transitions, Non-Liberal Transitions, Conflicted Societies and Consolidated Democracies, Thomas Obel Hansen
Chapter 4. Theories of Social Change Underpinning Transitional Justice Practice in Africa, Hugo van der Merwe and Jasmina Brankovic
Chapter 5. The Theory of Reparations in Transitional Justice Settings, Lisa J. Laplante
Chapter 6. Ignoring the Embodied Past: Implicit Memory in Transitional Justice Theory, Teresa Koloma Beck

Part II: Theorising Transitional Justice and its Intersections:
Chapter 7. Transformative Justice, Reconciliation and Peacebuilding, Wendy Lambourne
Chapter 8. Theorising Identity, Justice, and Reconciliation: A Social Learning Model of Transitional Justice, Nevin T. Aiken
Chapter 9. The Impact of Transitional Justice Mechanisms on Social Trust, Christian Braun
Chapter 10. Theorising the Nexus of Transitional Justice and Collective Trauma, Magdalena Zolkos

Part III: Exploring the Limits of Transitional Justice:
Chapter 11. Liberal Limits: Why Transitional Justice Needs Gender Theory, Kimberly Theidon
Chapter 12. Transitional Justice and Postcolonial Theory: Rethinking Colonial Governance for the Liberal Imperium, Vasuki Nesiah
Chapter 13. Global Norms and Domestic Politics in Transitional Justice, Jelena Subotic
Chapter 14. Narrative Truths: On the Discursive Production of the Past in Truth Commissions, Susanne Buckley-Zistel
Chapter 15. Depoliticising Political Transitions: Understanding the Effects of the Transitional Justice Paradigm, Hannah Franzki and Carolina Olarte Olarte