Transitional justice and the public sphere: engagement, legitimacy and contestation

Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.--

Acknowledgements -- Contents -- Biographies -- 1. Introduction: The Rational and the Emotional: Issues of Transparency and Legitimacy in Transitional Justice -- Introducing the Volume -- Part I: Transitional Justice and its Public Spheres: Principles of Justice -- 2. Justice as the Art of Muddling through: The Importance of Nyaya in the Aftermath of International Crimes -- I. Introduction -- II. Different Conceptions of Justice: Niti and Nyaya -- III. ICJ: A Necessarily Flawed Endeavour -- IV. Final Remarks -- References -- 3. Emotional Discourse in a Rational Public Sphere: The Victim and the International Criminal Trial -- I. Introduction -- II. International versus Domestic Criminal Justice -- III. Aspects of Justice and Criminal Law -- IV. Victims, Justice and the Domestic Criminal Trial: Between Rhetoric and Procedure-A Rock and a Hard Place -- V. Victims, Justice and the International Criminal Trial -- VI. Conclusions -- References -- 4. Credible Justice and Incredible Crimes -- I. Introduction -- II. The Credibility of Transitional Justice: Legal, Informational and Institutional Credibility -- III. Credibility at Stake: Three Illustrations -- IV. Credibility Gaps and Problems -- References -- 5. Globalisation, Crime and Governance: Transparency, Accountability and Participation as Principles for Global Criminal Law -- I. Introduction -- II. What is Global Criminal Law? -- III. Why Principles in Criminal Law? -- IV. Transparency, Accountability and Participation in Criminal Law (Brants et al) -- V. Transparency, Accountability and PARTICIPATION in Global Law (the Global Administrative Law Project) -- VI. Transparency, Accountability and PARTICIPATION in Global Criminal Law -- VII. Transparency and Openness (the First Governance Principle) -- VIII. Transparency in Global Criminal Law -- IX. Accountability (the Second Governance Principle)

This book looks at the question of transparency within the framework of transitional justice. The collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere