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United States Law and Policy on Transitional Justice - Principles, Politics, and Pragmatics (Hardcover)
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United States Law and Policy on Transitional Justice - Principles, Politics, and Pragmatics (Hardcover)
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In United States Law and Policy on Transitional Justice:
Principles, Politics, and Pragmatics, Zachary D. Kaufman explores
the U.S. government's support for, or opposition to, certain
transitional justice institutions. By first presenting an overview
of possible responses to atrocities (such as war crimes tribunals)
and then analyzing six historical case studies, Kaufman evaluates
why and how the United States has pursued particular transitional
justice options since World War II. This book challenges the
"legalist" paradigm, which postulates that liberal states pursue
war crimes tribunals because their decision-makers hold a
principled commitment to the rule of law. Kaufman develops an
alternative theory-"prudentialism"-which contends that any state
(liberal or illiberal) may support bona fide war crimes tribunals.
More generally, prudentialism proposes that states pursue
transitional justice options, not out of strict adherence to
certain principles, but as a result of a case-specific balancing of
politics, pragmatics, and normative beliefs. Kaufman tests these
two competing theories through the U.S. experience in six contexts:
Germany and Japan after World War II, the 1988 bombing of Pan Am
flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the
atrocities in the former Yugoslavia in the 1990s, and the 1994
Rwandan genocide. Kaufman demonstrates that political and pragmatic
factors featured as or more prominently in U.S. transitional
justice policy than did U.S. government officials' normative
beliefs. Kaufman thus concludes that, at least for the United
States, prudentialism is superior to legalism as an explanatory
theory in transitional justice policymaking.
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