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Transitional Justice from Below

Grassroots Activism and the Struggle for Change

Editor(s): Kieran McEvoy, Lorna McGregor
Media of Transitional Justice from Below
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Published: 15-07-2008
Format: Paperback
Edition: 1st
Extent: 233
ISBN: 9781841138213
Imprint: Hart Publishing
Series: Human Rights Law in Perspective
Dimensions: 234 x 156 mm
RRP: £43.99
Online price : £30.79
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About Transitional Justice from Below

Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems.

This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".

Table Of Contents

1. Transitional Justice From Below: An Agenda for Research, Policy and Praxis Kieran McEvoy and Lorna McGregor
2. Letting Go of Legalism: Developing a 'Thicker' Version of Transitional Justice Kieran McEvoy
3. International Law as a 'Tiered Process': Transitional Justice at the Local, National and International Level Lorna McGregor
4. Constitution-making, Transition and the Reconstitution of Society Kirsten McConnachie and John Morison
5. The Role of Community in Participatory Transitional Justice Patricia Lundy and Mark McGovern
6. The Lost Agenda: Economic Crimes and Truth Commissions in Latin America and Beyond James L Cavallaro and Sebastián Albuja
7. Social Repair at the Local Level: The Case of Guatemala Laura Arriaza and Naomi Roht-Arriaza
8. The Political Economy of Transitional Justice in Timor-Leste Elizabeth Stanley
9. Challenging Impunity from Below: The Contested Ownership of Transitional Justice in Colombia Catalina Diaz
10. Burden or Benefit? Paradoxes of Penal Transition in Russia Laura Piancentini


“A collection of valuable observations” –  Padraig McAuliffe, Human Rights Law Review

“The collection is both timely and leaves aside well-worn debates about truth, impunity, the rule of law, and restorative justice to tackle transitional justice from novel or under-explored perspectives within criminology, political economy, international development, and sociolegal studies.” –  Rosemary Nagy, Law and Society Review

“This volume makes a unique contribution to the literature on transitional justice.
The authors help us to develop a complex understanding of transitional justice that includes but does not exclusively rely on the interests of grassroots movements.
This book will work well for experts or an advanced seminar on transitional justice.

” –  Lena Zhong, International Criminal Justice Review, 20 (2)

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