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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Theorizing Transitional Justice

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Edited by: Claudio Corradetti, Nir Eisikovits, Jack Rotondi

ISBN13: 9781472418296
Published: February 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £83.99

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This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions.

Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

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Part I Is it Always Necessary to Account for Past Wrongs?: Forgetting after war: a qualified defense, J. Rotondi and N. Eisikovits
Peace without the past? Truth, transition and the Northern Ireland case, Cheryl Lawther.

Part II Punishing after War: The force of forgetting or forced forgetting? Schmittian amnesties and transitional justice, Juan Espindola
Transitional justice, retributive justice and accountability for wrongdoing, Colleen Murphy.

Part III Transitional Justice as a Vehicle of Structural and Institutional Change: Transitional justice as structural justice, Krista Thomason
Justice seeking in settler states: a model for thinking about ‘justice’ in transitional societies, Michael Phillips
Structural causes of conflict and the superficiality of transition, Padraig McAuliffe.

Part IV Transitional Justice and Political Reconciliation: Reconcilable resentments? Jean Améry’s critique of forgiveness in the aftermath of atrocity, Grace Hunt
A theory of national reconciliation: some insights from Africa, Thaddeus Metz
Restoring human capability: reconciliation and liberal multiculturalism, Monica Mookherjee.

Part V Transitional Justice and the Arts: Transitional justice and the arts: reflections on the field, Sanja Bahun
Democratic ‘sacred spaces’: public architecture and transitional justice, Mihaela Mihai.

Part VI Defining the Parameters of Transitional Justice: Transitional times, reflective judgment and the ‘Hōs mē’ condition, C. Corradetti
Further explorations of the social death hypothesis, Claudia Card
Making reparations possible: theorizing reparative justice, Margaret Urban Walker.

Part VII Case Studies: Trust and commitment: how Athens rebuilt the rule of law, Paul Gowder
Transitional justice in post-genocide Rwanda: an integrative approach, Lynne Tirrell. Index.