Judging State Sponsored Violence Imagining Political Change

"This book offers a new way to think about the legacies of the Nuremberg Trials and South Africa's Truth and Reconciliation Commission, which transformed the theory and practice of transitional justice"--

How should state-sponsored atrocities be judged and remembered? This controversial question animates contemporary debates on transitional justice and reconciliation. This book reconsiders the legacies of two institutions that transformed the theory and practice of transitional justice. Whereas the Nuremberg Trials exemplified the promise of legalism and international criminal justice, South Africa's Truth and Reconciliation Commission promoted restorative justice and truth commissions. Leebaw argues that the two frameworks share a common problem: both rely on criminal justice strategies to investigate experiences of individual victims and perpetrators, which undermines their critical role as responses to systematic atrocities. Drawing on the work of influential transitional justice institutions and thinkers such as Judith Shklar, Hannah Arendt, José Zalaquett and Desmond Tutu, Leebaw offers a new approach to thinking about the critical role of transitional justice – one that emphasizes the importance of political judgment and investigations that examine complicity in, and resistance to, systematic atrocities.

Truth commissions, apologies, and reparations are just some of the transitional justice mechanisms embraced by established democracies. This groundbreaking exploration of political theory explains how these forms of state redress repair the damage state wrongdoing inflicts upon political legitimacy.

This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.

Music and violence have been linked since antiquity in ritual, myth, and art. Considered together they raise fundamental questions about creativity, discourse, and music’s role in society. The essays in this collection investigate a wealth of issues surrounding music and violence—issues that cross political boundaries, time periods, and media—and provide cross-cultural case studies of musical practices ranging from large-scale events to regionally specific histories. Following the editors’ substantive introduction, which lays the groundwork for conceptualizing new ways of thinking about music as it relates to violence, three broad themes are followed: the first set of essays examines how music participates in both overt and covert forms of violence; the second section explores violence and reconciliation; and the third addresses healing, post-memorials, and memory. Music, Politics, and Violence affords space to look at music as an active agent rather than as a passive art, and to explore how music and violence are closely—and often uncomfortably—entwined. CONTRIBUTORS include Nicholas Attfield, Catherine Baker, Christina Baade, J. Martin Daughtry, James Deaville, David A. McDonald, Kevin C. Miller, Jonathan Ritter, Victor A. Vicente, and Amy Lynn Wlodarski.

Builds on micro-level critiques of transitional justice to debate a more comprehensive alternative at the level of theory and practice.

Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.