By Bronwyn Leebaw
How may still state-sponsored atrocities be judged and remembered? This arguable query animates modern debates on transitional justice and reconciliation. This publication reconsiders the legacies of 2 associations that reworked the idea and perform of transitional justice. while the Nuremberg Trials exemplify the promise of legalism and overseas legal justice, South Africa's fact and Reconciliation fee promoted restorative justice and fact commissions. Bronwyn Leebaw argues that the 2 frameworks percentage a typical challenge: either depend on felony justice ideas to enquire stories of person sufferers and perpetrators, which undermines their severe position as responses to systematic atrocities. Drawing at the paintings of influential transitional justice associations and thinkers resembling Judith Shklar, Hannah Arendt, José Zalaquett, and Desmond Tutu, Leebaw deals a brand new method of wondering the serious position of transitional justice - person who emphasizes the significance of political judgment and investigations that study complicity in, and resistance to, systematic atrocities. [C:\Users\Microsoft\Documents\Calibre Library]
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Extra resources for Judging State-Sponsored Violence, Imagining Political Change
76 Because it is concerned with action, phronesis deals with particulars rather than universals. 79 This understanding of political judgment may be discerned in prominent accounts of restorative justice. 80 From this perspective, it is a mistake to presume that political judgment is antithetical to collective moral aspirations. Yet a critical moral response to systematic, politically authorized injustice cannot rely on community tradition, past shared experience, or conventional wisdom and must instead examine how prevailing notions of “common sense” might have been implicated in the abuses under investigation.
For an alternative interpretation of Thucydides, see Richard Ned Lebow, The Tragic Vision of Politics: Ethics, Interests, and Orders (New York: Cambridge University Press, 2003), 65–167. See Michael Joseph Smith, Realist Thought from Weber to Kissinger (Baton Rouge: Louisiana State University Press, 1986). José Zalaquett, “Balancing Ethical Imperatives and Political Constraints: The Dilemma of New Democracies Confronting Past Human Rights Violations,” Hastings Law Journal 43 (1992): 1425–38. 12 on Thu Oct 11 11:03:41 BST 2012.
Efforts to pursue such an agenda cannot rely on the technical acumen of professional policy makers, but also require political judgment. Third, the book addresses ongoing debates on the relationship between the politics of memory and change. Transitional justice institutions and practices have long been challenged on the grounds that to insist on investigating or commemorating past atrocities and injustices is a self-defeating or ultimately paralyzing activity. 87 In this view, common among conservatives, countries should be free to selectively emphasize heroic episodes from their histories as a basis for establishing unity, patriotism, and pride, without facing continual pressure to integrate past atrocities into their collective identity.