درباره این کتاب:
This short and accessible book is the fi rst to focus exclusively on the interrelation between transitional justice and rule of law reconstruction in postconfl ict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fi elds, exploring the blind-spots, contradictions and opportunities for mutuallybenefi cial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fi elds conceptualize the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-confl ict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefi ts of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fi elds of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates.
|موضوع اصلی||حقوق کیفری|
|موضوع فرعی||حقوق بین الملل کیفری|
|تعداد صفحه||312 صفحه|