Law And The Politics Of Reconciliation

This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts and, in some cases, traumatic presents. In putting to question what is often taken for granted in uncritical calls for reconciliation, it critically analyses and frequently challenges the political and legal assumptions underlying discourses of reconciliation. Drawing on a broad spectrum of disciplinary and interdisciplinary insights the authors examine how competing conceptions of law, time, and politics are deployed in social transformations and how pressing demands for reconstruction, reconciliation, and justice inform and respond to legal categories and their use of time. The book is genuinely interdisciplinary, drawing on work in politics, philosophy, theology, sociology and law. It will appeal to a wide audience of researchers and academics working in these areas.

Providing a clear, critical analysis of the history of Aboriginal law, A Reconciliation without Recollection? exposes the limitations of the current constitutional framework of reconciliation by following the lines of descent underlying the relationship between Crown and Aboriginal sovereignty.

The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid. However, the TRC's restorative justice approach did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. It argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse.

The two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations. Reconciliation also refers to the sustainable reconciliation of both Indigenous and Settler peoples with the living earth as the grounds for both resurgence and Indigenous-Settler reconciliation. Critically and constructively analyzing these two schools from a wide variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. By using "earth-teachings" to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world's most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate.

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

Originally published in 2005. Law has a complex relationship to the phenomenon of change; it is an instrument, a cause and an inhibitor of change. Law has both effected and been affected by extraordinary changes, particularly in the late twentieth and early twenty-first centuries. This interdisciplinary collection addresses, from a range of perspectives, the theme of 'changing law'. The essays cover historical and contemporary issues of social, political and legal change, including human rights, security, law reform, changes in knowledge production in universities and specifically in the legal academy, and the legal oppression/protection of racial minorities. The chapters are grouped into three sections around shared focuses on states, institutions and justice, and collectively address common concerns of rights, regulation and reconciliation: key legal problematics of the early twenty-first century.

In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.

Comparing the law's efforts to deal with the past, these 12 essays address matters of criminal responsibility, amnesty, time, memory, and reconciliation. The relationships between justice, the law, and politics are explored with concern to recent changes in the nature and responsibilities of each. Attention is given to the experiences of Eastern Europe, Germany, South Africa, Israel, and Australia. Contributors include legal scholars, philosophers, and social scientists from Europe, Israel, South Africa, Canada, and Australia. The book is distributed in the US by ISBS. c. Book News Inc.