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Law in Transition - Human Rights, Development and Transitional Justice (Hardcover)
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Law in Transition - Human Rights, Development and Transitional Justice (Hardcover)
Series: Osgoode Readers
Expected to ship within 10 - 15 working days
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Law has become the vehicle by which countries in the 'developing
world', including post-conflict states or states undergoing
constitutional transformation, must steer the course of social and
economic, legal and political change. Legal mechanisms, in
particular, the instruments as well as concepts of human rights,
play an increasingly central role in the discourses and practices
of both development and transitional justice. These developments
can be seen as part of a tendency towards convergence within the
wider set of discourses and practices in global governance. While
this process of convergence of formerly distinct normative and
conceptual fields of theory and practice has been both celebrated
and critiqued at the level of theory, the present collection
provides, through a series of studies drawn from a variety of
contexts in which human rights advocacy and transitional justice
initiatives are colliding with development projects, programmes and
objectives, a more nuanced and critical account of contemporary
developments. The book includes essays by many of the leading
experts writing at the intersection of development, rights and
transitional justice studies. Notwithstanding the theoretical and
practical challenges presented by the complex interaction of these
fields, the premise of the book is that it is only through
engagement and dialogue among hitherto distinct fields of
scholarship and practice that a better understanding of the
institutional and normative issues arising in contemporary law and
development and transitional justice contexts will be possible. The
book is designed for research and teaching at both undergraduate
and graduate levels. ENDORSEMENTS An extraordinary collection of
essays that illuminate the nature of law in today's fragmented and
uneven globalized world, by situating the stakes of law in the
intersection between the fields of human rights, development and
transitional justice. Unusual for its breadth and the quality of
scholarly contributions from many who are top scholars in their
fields, this volume is one of the first that attempts to weave the
three specialized fields, and succeeds brilliantly. For anyone
working in the fields of development studies, human rights or
transitional justice, this volume is a wake-up call to abandon
their preconceived ideas and frames and aim for a conceptual and
programmatic restart. Professor Balakrishnan Rajagopal, Ford
International Associate Professor of Law and Development,
Massachusetts Institute of Technology This superb collection of
essays explores the challenges, possibilities, and limits faced by
scholars and practitioners seeking to imagine forms of law that can
respond to social transformation. Drawing together cutting-edge
work across the three dynamic fields of law and development,
transitional justice, and international human rights law, this
volume powerfully demonstrates that in light of the changes
demanded of legal research, education, and practice in a
globalizing world, all law is "law in transition". Anne Orford,
Michael D Kirby Chair of International Law and Australian Research
Council Future Fellow, University of Melbourne A terrific volume.
Leading scholars of human rights, development policy, and
transitional justice look back and into the future. What has
worked? Where have these projects gone astray or conflicted with
one another? Law will only contribute forcefully to justice,
development and peaceful, sustainable change if the lessons learned
here give rise to a new practical wisdom. We all hope law can do
better - the essays collected here begin to show us how. David
Kennedy, Manley O Hudson Professor of Law, Director, Institute for
Global Law and Policy, Harvard Law School
General
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