This book examines the interaction of transitional justice and rule of law reconstruction projects in post-conflict societies, the dilemmas it brings and possible solutions. Though the ordinary presumption is that the two processes should be mutually reinforcing and complementary, this book shows that practice in the last twenty years has demonstrated discontinuities and contradictions in states where both have been attempted.
This book examines the interaction of transitional justice and rule of law reconstruction projects in post-conflict societies, the dilemmas it brings and possible solutions. Though the ordinary presumption is that the two processes should be mutually reinforcing and complementary, this book shows that practice in the last twenty years has demonstrated discontinuities and contradictions in states where both have been attempted.
Pádraig McAuliffe is a lecturer in human rights law at the University of Dundee. His research interests are primarily in the fields of transitional justice, rule of law reconstruction and international criminal tribunals. He has published in a number of journals in the field of international law.
Inhaltsangabe
1. Transitional Justice and Rule of Law Reconstruction: Between Ambition and Modesty 2. Institutions, Culture and Norms: The Elements of Rule of Law Reconstruction 3. The Rule of Law in Transitional Justice Discourse: A Narrative, Not a Program 4. Process Over Product: Towards a Revised Retributivism and Utilitarianism in Transitional Trial 5. Never the Twain Shall Meet? The Challenge of International Criminal Jurisdiction to Justice System Reconstruction 6. Restorative Justice, Traditional Law, and Justice Sector Reform 7. Conclusion: Foundational Justice and Transitional Justice, the Pragmatic and the Profound 8. Recommended Reading
1. Transitional Justice and Rule of Law Reconstruction: Between Ambition and Modesty 2. Institutions, Culture and Norms: The Elements of Rule of Law Reconstruction 3. The Rule of Law in Transitional Justice Discourse: A Narrative, Not a Program 4. Process Over Product: Towards a Revised Retributivism and Utilitarianism in Transitional Trial 5. Never the Twain Shall Meet? The Challenge of International Criminal Jurisdiction to Justice System Reconstruction 6. Restorative Justice, Traditional Law, and Justice Sector Reform 7. Conclusion: Foundational Justice and Transitional Justice, the Pragmatic and the Profound 8. Recommended Reading
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