Preference Formation in Transitional Justice

Abstract

Transitional justice is argued to become less important as national courts assume international jurisdiction. The indicators of emotion's causal role in shaping transitional justice are explored in transitions to democracy & the decay of retributive emotions. Five emotions are asserted to map into legal & administrative reactions that contrast with reasons for interest based preferences in transitional justice. The dilemmas of transmutation of one motivation into another are asserted to be resolved in new democracies. The formation of preferences that generate a demand for or resistance to transitional justice are linked to the location of the agents in the autocratic political system that preceded the transition. Future transitional justice will be shaped by international institutions as national institutions & the preferences of domestic actors become less decisive. References. J. Harwell