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The Limits of Judicialization
Utilizing case studies of seven Latin American countries, this book reassesses the role of legal institutions in the politics of the region.
Transitional Justice
The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
The Politics of Victimhood in Post-conflict Societies
This volume sheds new light upon the role of victims in the aftermath of violence. Victims are central actors in transitional justice, the politics of memory and conflict resolution, yet the analysis of their mobilisation and political influence in these processes has been neglected. After introducing and explaining the reasons for this limited interest, the book’s chapters focus on a range of settings and draw on different disciplines to offer insights into the interrelated themes of victimhood – victims, their individual and collective identities, and their role in and impact upon post-conflict societies – and the politics of victimhood – meaning how victimhood is defined, negotiated and contested, both socially and politically. Because it outlines a stimulating research agenda and challenges the view that victims are passive or apolitical, this interdisciplinary volume is a significant contribution to the literature and will be of interest to scholars from disciplines such as law, anthropology, political science, human rights, international studies, and to practitioners.
Studying Human Rights
This book draws on key theories and methods from the social sciences to develop a framework for the systematic study of human rights problems. It argues that solid empirical analysis of human rights problems rests on examining the observable practices from state and non-state actors that constitute human rights violations to provide plausible explanations for their occurrence and provide deeper understanding of their meaning. Such explanations and understanding draws on the theoretical insights from rational, structural and cultural approaches in the social sciences. This book includes: an outline of the scope of human rights the terrain of key actors that have an impact on human rights a su...
The African Court of Justice and Human and Peoples' Rights in Context
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
The Integrity of the Judge
There is no consensus among legal scholars on the meaning of judicial integrity, nor has legal scholarship yet seen a well-articulated discussion about the normative concept of judicial integrity. This book makes an analysis of the discourses on judicial integrity in judiciaries in both established and developing democracies. In the former, the rule of law is well-developed and trust in the judges is high, yet new demands for accountability emerge. In the latter, traditional integrity problems such as fraud and corruption take centre stage. The author argues that integrity must be understood both as professional virtue -discussed here through the lens of virtue ethical theory - and as the safeguarding of public trust, as understood through institutional theory. The Integrity of the Judge is a significant new work for legal theorists and philosophers, as well as scholars of legal and judicial ethics.
Past Human Rights Violations and the Question of Indifference: The Case of Chile
This book contributes to the fields of memory and human rights. It offers a novel and interdisciplinary theory on social indifference, and in particular on the indifference of people to human rights violations committed against certain sectors of society in turbulent times. These theoretical frameworks are explored empirically with respect to the Chilean case. Through a blend of mixed methods, the book explains the causes, characteristics and social consequences of the current indifference of Chileans with respect to the human rights violations committed during the dictatorship of Augusto Pinochet (1973-90). The different findings are an invitation to rethink new challenges of transitional justice processes in fragmented societies and to strengthen public policies on human rights.
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