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Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

2011

Political Theory

Western University

Customary Mechanisms

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Full-Text Articles in Political Science

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 ...