David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In situations of military, political or economic transition, the reassessment of the role of law in the transition process becomes a crucial site of a people's or a nation's negotiating the past, present and future. Allusions to a tabula rasa or an annee zero after traumatic collapses of societal order, however, turn into ill-fated attempts to address the challenges of confronting the past when building the future. The law's concern with nations that struggle with transition expresses itself through hybrid concepts such as transitional or post-conflict justice, restorative justice, or reconciliation. This paper revisits these instantiations and places them in the context of an increasingly transnational discourse on transitional justice. In light of the wealth of law and non-law responses to past injustice around the world today, transitional justice emerges as a form of transnational legal pluralism, highlighting the parallels of regulatory challenges confronting transition and established regimes alike.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Lisa Fuller (2012). Burdened Societies and Transitional Justice. Ethical Theory and Moral Practice 15 (3):369 - 386.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
Garrett Barden (2010). Law and Justice in Community. Oxford University Press.
Mihaela Mihai (2010). Transitional Justice and the Quest for Democracy: A Contribution to a Political Theory of Democratic Transformations. Ratio Juris 23 (2):183-204.
Mihaela Mihai (2011). Socialising Negative Emotions: Transitional Criminal Trials in the Service of Democracy&Quot;. Oxford Journal of Legal Studies 31 (1):111–131.
Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.) (2005). The Limits of Law. Stanford University Press.
Marion Smiley (2001). Democratic Justice in Transition. Michigan Law Review 99 (6):1332-1347.
Jamie Terence Kelly (2010). Transitional Justice and Equality: A Response to Eisikovits. Review of International Affairs 61 (1138-1139):190-196.
Derk Venema (2011). Transitional Shortcuts to Justice and National Identity. Ratio Juris 24 (1):88-108.
Added to index2009-01-28
Total downloads12 ( #135,285 of 1,101,947 )
Recent downloads (6 months)2 ( #192,006 of 1,101,947 )
How can I increase my downloads?