... the multitude of perspectives and experiences that scholars and practitioners brought to this book make is outstanding. Legal scholars of criminal law and procedure, criminologists, political scientists, anthropologists, victimologists, communications specialists – they all add to this book their unique perspectives, emphasising once again that transitional justice is an interdisciplinary field.

- Iva Vukusic, Department of History and Art History, Utrecht University, International Criminal Law Review

This collection brings together an impressive range of scholars from different geographical contexts and career stages to explore the role of the public sphere in understanding ‘justice’ within a transitional justice framework, with a particular focus on legal justice. It will be of use to legal scholars, and to those interested in the role of the public sphere who would like a more nuanced understanding of the role of criminal courts within transitional justice frameworks.

- Alison Atkinson-Phillips, Newcastle University, Historical Dialogues, Justice, And Memory Network

Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
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1. Introduction: The Rational and the Emotional: Issues of Transparency and Legitimacy in Transitional Justice Chrisje Brants and Susanne KarstedtPart I: Transitional Justice and its Public Spheres: Principles of Justice2. Justice as the Art of Muddling through: The Importance of Nyaya in the Aftermath of International Crimes Antony Pemberton and Rianne Letschert3. Emotional Discourse in a Rational Public Sphere: The Victim and the International Criminal Trial Chrisje Brants4. Credible Justice and Incredible CrimesSusanne Karstedt5. Globalisation, Crime and Governance: Transparency, Accountability and Participation as Principles for Global Criminal Law Paul De HertPart II: Justice Seen to Be Done: Courts and the Public6. International Judicial Institutions: (Re)Defining ‘Public’ Proceedings? Olga Kavran7. The Contestation of Complementarity in Uganda: The Case of Thomas Kwoyelo Lauren Gould8. Discursive Proceedings and the Transitional Trial: A View from the Extraordinary Chambers in the Courts of Cambodia Cheryl White9. Unmet Expectations and the Legitimacy of Transitional Justice Institutions: The International Criminal Tribunal for the Former Yugoslavia and the Extraordinary Chambers in the Courts of CambodiaRay NicksonPart III: Beyond the Courts: Creating Public Spheres of Testimony10. Witness Testimony and the Incommensurability of Truth in ArgentinaAntonius CGM Robben11. Faces of Truth: Journalism, Justice and War Kees Brants and Chrisje Brants12. Memory Laws: Regulating Memory and the Policing of Acknowledgement and Denial Marloes van Noorloos13. Challenges to the Movement to Exhume the Missing Victims of the Spanish Civil War and Francoist Dictatorship Natalia Maystorovich Chulio14. Portraits of the Dead and the Living: Bosnia and Rwanda 20 Years on Olivera Simic
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This collection explores transparency and its impact on transitional justice.
Original research and theory on the relations between law, legal institutions and social processes.The volumes in this series are eclectic in their disciplines, methodologies and theoretical perspectives, but they all share a strong comparative emphasis. The volumes originate in workshops hosted by the Onati International Institute for the Sociology of Law.Founding Series Editors: William L F Felstiner Eve Darian-Smith Editorial Board: Carlos Lugo, Hostos Law School, Puerto Rico Jacek Kurczewski, Warsaw University, Poland Marie-Claire Foblets, Max Planck Institute for Social Anthropology, Germany Ulrike Schultz, Fern Universität, Germany
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Produktdetaljer

ISBN
9781509900169
Publisert
2017-11-02
Utgiver
Vendor
Hart Publishing
Vekt
687 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
360

Om bidragsyterne

Chrisje Brants is Professor of Criminal Law at Northumbria University, United Kingdom; and Professor Emeritus of Criminal Law and Procedure at Utrecht University, Netherlands.
Susanne Karstedt is Professor in the School of Criminology and Criminal Justice at Griffith University, Australia.