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This title examines the political role of courts in new democracies
in Latin America and Africa, focusing on their ability to hold
political power-holders accountable when they act outside their
constitutionally defined powers. The book also issues a warning:
there are problems inherent in the current global move towards
strong constitutional government, where increasingly strong powers
are placed in the hands of judges who themselves are not made
accountable.
Truth commission recommendations are critical to their legacies,
yet there is little research examining their fates. Based on
fieldwork that is unprecedented in scope, this double volume
project provides the first systematic study of the formulation and
implementation of the recommendations of thirteen Latin American
truth commissions. Beyond Words Vol. I examines the variations in
truth commission recommendations across 13 Latin American cases.
Insights are provided regarding how the internal dynamics of truth
commissions, as well as the political, social and economic context
in which they operate, influence how recommendations are
formulated. The authors then explore how the nature of these
recommendations themselves, along with the aforementioned factors,
influence which recommendations are actually implemented. The
conclusion considers the findings' relevance for the crafting of
future truth commission recommendations and reflects upon how the
formulation and implementation of these recommendations shape the
impact of truth commissions on societies emerging from periods of
violence and repression. Beyond Words Vol. II is a unique
collection of 11 Latin American country studies covering all 13
formal truth commissions established in this region that submitted
their final reports between 1985 and 2014. Based on qualitative
original data and a common analytical framework, the main focus of
each of the country chapters is threefold: (1) to provide a brief
background to the truth commission(s); (2) to provide a detailed
account of the formulation of the truth commission's
recommendations; and (3) to analyze the implementation record of
the recommendations, taking into account the actors and factors
that have aided - or obstructed - the implementation process.
Truth commission recommendations are critical to their legacies,
yet there is little research examining their fates. Based on
fieldwork that is unprecedented in scope, this double-volume
project provides the first systematic study of the formulation and
implementation of the recommendations of 13 Latin American truth
commissions.Beyond Words Vol. I examines the variations in truth
commission recommendations across 13 Latin American cases. Insights
are provided regarding how the internal dynamics of truth
commissions, as well as the political, social and economic context
in which they operate, influence how recommendations are
formulated. The authors then explore how the nature of these
recommendations themselves, along with the aforementioned factors,
influence which recommendations are actually implemented. The
conclusion considers the findings' relevance for the crafting of
future truth commission recommendations and reflects upon how the
formulation and implementation of these recommendations shape the
impact of truth commissions on societies emerging from periods of
violence and repression.Beyond Words Vol. II is a unique collection
of 11 Latin American country studies covering all 13 formal truth
commissions established in this region that submitted their final
reports between 1984 and 2014. Based on qualitative original data
and a common analytical framework, the main focus of each of the
country chapters is threefold: (1) to provide a brief background to
the truth commission(s); (2) to provide a detailed account of the
formulation of the truth commission's recommendations; and (3) to
analyze the implementation record of the recommendations, taking
into account the actors and factors that have aided or obstructed
the implementation process.
This book examines the effects of transitional justice on the
conditions for peace and democracy. Ordinarily, the anticipated
contribution of transitional justice mechanisms is stated in
universal terms, with little regard for the historically specific
context. Yet a truth commission, for example, will not have the
same function in a society torn by long-term civil war or genocide
as in a society where conflict has taken the form of authoritarian
repression. Addressing trials, reparations and amnesties, as well
as truth commissions, the book systematically addresses the
experiences of four very different contemporary transitional
justice cases: post-authoritarian Uruguay and Peru and
post-conflict Rwanda and Angola. Its analysis, which not only
demonstrates that context is a crucial determinant of the impact of
transitional justice processes, but also identifies specific
contextual obstacles and limitations to these processes, will be of
considerable interest to scholars in the fields of transitional
justice and peace-building, as well as students generally concerned
with human rights and democratisation.
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Roads to Reconciliation (Hardcover)
Elin Skaar, Siri Gloppen, Astri Suhrke; Contributions by Howard Adelman, Tone Bringa, …
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R2,911
Discovery Miles 29 110
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Ships in 12 - 17 working days
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The past two decades have witnessed the end of several civil wars
and authoritarian regimes. In a period shaped by the ideal of
democratization, in which more countries are emerging from
deep-rooted conflicts, international attention is turning to the
question of how societies with a grievous past face issues of
accountability and reconciliation. How do societies deal with a
past characterized by gross human rights violations? What kinds of
processes judicial as well as non-judicial are most likely to
generate a sense of reconciliation? Using an interdisciplinary
approach, this book provides a systematic and comparative analysis
of reconciliation processes in various societies that in recent
years have made a transition from authoritarian to democratic rule,
or from war to relative peace. Revisiting case studies from Latin
America, Africa, Europe, and Asia through a lens of comparative
analysis, shedding new light on how societies have dealt with their
violent pasts, Roads to Reconciliation is essential reading for
both scholars and practitioners concerned with human rights,
transitional justice, or peace building."
The past two decades have witnessed the end of several civil wars
and authoritarian regimes. In a period shaped by the ideal of
democratization, in which more countries are emerging from
deep-rooted conflicts, international attention is turning to the
question of how societies with a grievous past face issues of
accountability and reconciliation. How do societies deal with a
past characterized by gross human rights violations? What kinds of
processes--judicial as well as non-judicial--are most likely to
generate a sense of reconciliation? Using an interdisciplinary
approach, this book provides a systematic and comparative analysis
of reconciliation processes in various societies that in recent
years have made a transition from authoritarian to democratic rule,
or from war to relative peace. Revisiting case studies from Latin
America, Africa, Europe, and Asia through a lens of comparative
analysis, shedding new light on how societies have dealt with their
violent pasts, Roads to Reconciliation is essential reading for
both scholars and practitioners concerned with human rights,
transitional justice, or peace building.
After Violence: Transitional Justice, Peace, and Democracy examines
the effects of transitional justice on the development of peace and
democracy. Anticipated contributions of transitional justice
mechanisms are commonly stated in universal terms, with little
regard for historically specific contexts. Yet a truth commission,
for example, will not have the same function in a society torn by
long-term civil war or genocide as in a society emerging from
authoritarian repression. Addressing trials, reparations, truth
commissions, and amnesties, the book systematically addresses the
experiences of four very different contemporary transitional
justice cases: post-authoritarian Uruguay and Peru and
post-conflict Rwanda and Angola. Its analysis demonstrates that
context is a crucial determinant of the impact of transitional
justice processes, and identifies specific contextual obstacles and
limitations to these processes. The book will be of much interest
to scholars in the fields of transitional justice and
peacebuilding, as well as students generally concerned with human
rights and democratisation.
This book addresses current developments in transitional justice in
Latin America - effectively the first region to undergo
concentrated transitional justice experiences in modern times.
Using a comparative approach, it examines trajectories in truth,
justice, reparations, and amnesties in countries emerging from
periods of massive violations of human rights and humanitarian law.
The book examines the cases of Argentina, Brazil, Chile, Colombia,
Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and
applying a common analytical framework to provide a systematic,
qualitative and comparative analysis of their transitional justice
experiences. More specifically, the book investigates to what
extent there has been a shift from impunity towards accountability
for past human rights violations in Latin America. Using 'thick',
but structured, narratives - which allow patterns to emerge, rather
than being imposed - the book assesses how the quality, timing and
sequencing of transitional justice mechanisms, along with the
context in which they appear, have mattered for the nature and
impact of transitional justice processes in the region. Offering a
new approach to assessing transitional justice, and challenging
many assumptions in the established literature, this book will be
of enormous benefit to scholars and others working in this area.
This book addresses current developments in transitional justice in
Latin America - effectively the first region to undergo
concentrated transitional justice experiences in modern times.
Using a comparative approach, it examines trajectories in truth,
justice, reparations, and amnesties in countries emerging from
periods of massive violations of human rights and humanitarian law.
The book examines the cases of Argentina, Brazil, Chile, Colombia,
Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and
applying a common analytical framework to provide a systematic,
qualitative and comparative analysis of their transitional justice
experiences. More specifically, the book investigates to what
extent there has been a shift from impunity towards accountability
for past human rights violations in Latin America. Using 'thick',
but structured, narratives - which allow patterns to emerge, rather
than being imposed - the book assesses how the quality, timing and
sequencing of transitional justice mechanisms, along with the
context in which they appear, have mattered for the nature and
impact of transitional justice processes in the region. Offering a
new approach to assessing transitional justice, and challenging
many assumptions in the established literature, this book will be
of enormous benefit to scholars and others working in this area.
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