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Political Theory

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Transitional Justice

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Theorizing 'Transitional Justice', David Anton Hoogenboom Jan 2014

Theorizing 'Transitional Justice', David Anton Hoogenboom

Electronic Thesis and Dissertation Repository

Early literature in the field of transitional justice was dominated by debates over the meaning of justice, with retributivists arguing for the need for criminal prosecutions following mass human rights violations and advocates of restorative justice claiming that non-prosecutorial forms of justice like truth-telling are better suited for post-conflict societies. This debate was eventually settled, at least in the field, by a belief that post-conflict societies require both criminal prosecutions and truth-telling. More recently, the debate over justice has centred on the question of whether the field and practice of transitional justice has prioritized civil and political rights over economic ...


Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille Nov 2011

Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille

Electronic Thesis and Dissertation Repository

As a relatively young field of academic inquiry, the transitional justice scholarship presents some important difficulties, not least of which is its lack of critical evaluation of the approaches to justice it adopts and promotes. This research argues that the framework used in the transitional justice scholarship is ill-suited to account for, and to think about, the philosophy of justice embodied in customary mechanisms of justice. It explains that the type of “justice” embodied in customary mechanisms of justice is difficult to appreciate by using the retributive, reparative, and the restorative approaches. These Western, individualistic and legally based approaches are ...