Transitional Justice: NOMOS LI (NOMOS - American Society for Political and Legal Philosophy, 34)

Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. **Contributors**: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber. "Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions."--Publisher description "Criminal tribunals, truth commissions, reparations, apologies, and memorializations are characteristic instruments in transitions from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both normative theory and institutionalized practice, developing standards for judging transitional societies' efforts to address the wrongs of the past and to lay foundations for more legitimate political and legal order. In Transitional Justice a group of leading scholars in philosophy, law, and political science settle some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in the analysis of the defining issues of transitional justice, Transitional Justice also illuminates the challenges of making strong empirical claims about the impact of transitional institutions"--Page 4 of cover Theorizing transitional justice / Pablo de Greiff Justice, truth, peace / Jon Elster Forms of transitional justice / Jeremy Webber Countering the wrongs of the past : the role of compensation / Debra Satz Reparations as rough justice / Adrian Vermeule Reparations as a noble lie / Gary J. Bass Leviathan as a theory of transitional justice / David Dyzenhaus Transitional prudence : a comment on David Dyzenhaus, Leviathan as a theory of transitional justice / Eric A. Posner What is non-ideal theory? / Gopal Sreenivasan When more may be less : transitional justice in East Timor / David Cohen and Leigh-Ashley Lipscomb Reconciliation, refugee returns, and the impact of international criminal justice : the case of Bosnia and Herzegovina / Monika Nalepa. This Volume ... Arose Out Of The Papers And Commentaries Presented At The Annual Meeting Of The American Society For Legal And Political Philosophy In Conjunction With The American Political Science Association Meetings In Washington, D.c., In September 2005--preface.