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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Transitional Justice and Rule of Law Reconstruction: Dilemmas and Solutions for Policy-Makers

ISBN13: 9781138930070
Published: June 2015
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £29.99
Hardback edition , ISBN13 9780415668149

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This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them.

Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction.

This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates.

Human Rights and Civil Liberties
1.Transitional Justice and Rule of Law Reconstruction: Between Ambition and Modesty
2. Institutions, Culture and Norms: The Elements of Rule of Law Reconstruction
3. The Rule of Law in Transitional Justice Discourse: A Narrative, Not a Program
4. Process Over Product: Towards a Revised Retributivism and Utilitarianism in Transitional Trial
5. Never the Twain Shall Meet? The Challenge of International Criminal Jurisdiction to Justice System Reconstruction
6. Restorative Justice, Traditional Law, and Justice Sector Reform
7. Conclusion: Foundational Justice and Transitional Justice, the Pragmatic and the Profound
8. Recommended Reading