By Bronwyn Leebaw
How may still state-sponsored atrocities be judged and remembered? This debatable query animates modern debates on transitional justice and reconciliation. This publication reconsiders the legacies of 2 associations that reworked the speculation and perform of transitional justice. while the Nuremberg Trials exemplify the promise of legalism and overseas felony justice, South Africa's fact and Reconciliation fee promoted restorative justice and fact commissions. Bronwyn Leebaw argues that the 2 frameworks proportion a typical challenge: either depend on felony justice techniques to enquire reports of person sufferers and perpetrators, which undermines their severe function as responses to systematic atrocities. Drawing at the paintings of influential transitional justice associations and thinkers resembling Judith Shklar, Hannah Arendt, José Zalaquett, and Desmond Tutu, Leebaw deals a brand new method of pondering the serious function of transitional justice - person who emphasizes the significance of political judgment and investigations that research complicity in, and resistance to, systematic atrocities. [C:\Users\Microsoft\Documents\Calibre Library]
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Extra resources for Judging State-Sponsored Violence, Imagining Political Change
Paradoxically, transitional justice institutions are championed as a basis for reckoning with historical wrongs, yet their investigations are treated as a kind of welcome by-product of their role in achieving partial remedies for systematic abuses. Proponents of legalism have argued that by prosecuting individuals, courts can persuasively establish historical records of past violence. Proponents of restorative justice have tended to frame the role of transitional justice investigations in relation to therapeutic categories.
12 on Thu Oct 11 11:03:41 BST 2012. 86 This book demonstrates that both perspectives are, to some extent, valid. Depoliticization is a powerful legitimating strategy that often masks the extent to which transitional justice institutions and practices are influenced by dynamics of power and inequality. However, these institutions also open up new possibilities for advancing critical, transformative responses to systematic injustice and brutality. Efforts to pursue such an agenda cannot rely on the technical acumen of professional policy makers, but also require political judgment.
Kader Asmal, Louise Asmal, and Ronald Suresh Roberts. Reconciliation through Truth: A Reckoning of Apartheid’s Criminal Governance (Cape Town: David Philips Publishers, 1996). 12 on Thu Oct 11 11:03:41 BST 2012. ”70 Understood in this way, political judgment is a crucial dimension of praxis, the process of connecting theory to action. The book develops this argument by addressing the charge that the criteria commonly used for evaluating political judgment are essentially at odds with the goals associated with transitional justice.