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This book explores the practical and theoretical opportunities as
well as the challenges raised by the expansion of transitional
justice into new and 'aparadigmatic' cases. The book defines
transitional justice as the pursuit of accountability, recognition
and/or disruption and applies an actor-centric analysis focusing on
justice actors' intentions of and responses to transitional
justice. It offers a typology of different transitional justice
contexts ranging from societies experiencing ongoing conflict to
consolidated democracies, and includes chapters from all types of
aparadigmatic contexts. This covers transitional justice in states
with contested political authority, shared political authority, and
consolidated political authority. The transitional justice
initiatives explored by the wide range of contributors are those of
Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria,
Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these
aparadigmatic case studies, the book develops a new framework that,
appropriate to its expanding reach, allows us to understand the
practice of transitional justice in a more context-sensitive,
bottom-up, and actor-oriented way, which leaves room for the
complexity and messiness of interventions on the ground. The book
will appeal to scholars and practitioners in the broad field of
transitional justice, as represented in law, criminology, politics,
conflict studies and human rights.
Human rights are increasingly described as being in crisis. But are
human rights really on the verge of disappearing? Human Rights
Transformation in Practice argues that it is certainly the case
that human rights organizations in many parts of the world are
under threat, but that the ideals of justice, fairness, and
equality inherent in human rights remain appealing globally-and
that recognizing the continuing importance and strength of human
rights requires looking for them in different places. These places
are not simply the Human Rights Council or regular meetings of
monitoring committees but also the offices of small NGOs and the
streets of poor cities. In Human Rights Transformation in Practice,
editors Tine Destrooper and Sally Engle Merry collect various
approaches to the questions of how human rights travel and how they
are transformed, offering a corrective to those perspectives
locating human rights only in formal institutions and laws.
Contributors to the volume empirically examine several hypotheses
about the factors that impact the vernacularization and
localization of human rights: how human rights ideals become
formalized in local legal systems, sometimes become customary
norms, and, at other times, fail to take hold. Case studies explore
the ways in which local struggles may inspire the further
development of human rights norms at the transnational level.
Through these analyses, the essays in Human Rights Transformation
in Practice consider how the vernacularization and localization
processes may be shaped by different causes of human rights
violations, the perceived nature of violations, and the existence
of networks and formal avenues for information-sharing.
Contributors: Sara L. M. Davis, Ellen Desmet, Tine Destrooper, Mark
Goodale, Ken MacLean, Samuel Martinez, Sally Engle Merry, Charmain
Mohamed, Vasuki Nesiah, Arne Vandenbogaerde, Wouter Vandenhole,
Johannes M. Waldmuller.
In Come Hell or High Water: Feminism and the Legacy of Armed
Conflict in Central America, Tine Destrooper analyses the political
projects of feminist activists in light of their experience as
former revolutionaries. She compares the Guatemalan and Nicaraguan
experience to underline the importance of ethnicity for women's
activism during and after the civil conflict. The book combines a
micro- and macro-level analysis to present a sound understanding of
post-conflict women's activism.
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