Persistent international conflicts, increasing inequality in many regions or the world, and acute environmental and climate-related threats to humanity call for a better understanding of the processes, actors and tools available to face the challenges of achieving global justice. This book offers a broad and multidisciplinary survey of global justice, bridging the gap between theory and practice by connecting conceptual frameworks with a panoply of case studies and an in-depth discussion of practical challenges. Connecting these critical aspects to larger moral and ethical debates is essential for thinking about large, abstract ideas and applying them directly to specific contexts. Core content includes: Key debates in global justice from across philosophy, postcolonial studies, political science, sociology and criminology The origins of global justice and the development of the human rights agenda; peacekeeping and post-conflict studies Global poverty and sustainable development Global security and transnational crime Environmental justice, public health and well-being Rather than providing a blueprint for the practice of global justice, this text problematizes efforts to cope with many justice related issues. The pedagogical approach is designed to map the difficulties that exist between theory and praxis, encourage critical thinking and fuel debates to help seek alternative solutions. Bringing together perspectives from a wealth of disciplines, this book is essential reading for courses on global justice across criminology, sociology, political science, anthropology, philosophy and law.
Persistent international conflicts, increasing inequality in many regions or the world, and acute environmental and climate-related threats to humanity call for a better understanding of the processes, actors and tools available to face the challenges of achieving global justice. This book offers a broad and multidisciplinary survey of global justice, bridging the gap between theory and practice by connecting conceptual frameworks with a panoply of case studies and an in-depth discussion of practical challenges. Connecting these critical aspects to larger moral and ethical debates is essential for thinking about large, abstract ideas and applying them directly to specific contexts. Core content includes: Key debates in global justice from across philosophy, postcolonial studies, political science, sociology and criminology The origins of global justice and the development of the human rights agenda; peacekeeping and post-conflict studies Global poverty and sustainable development Global security and transnational crime Environmental justice, public health and well-being Rather than providing a blueprint for the practice of global justice, this text problematizes efforts to cope with many justice related issues. The pedagogical approach is designed to map the difficulties that exist between theory and praxis, encourage critical thinking and fuel debates to help seek alternative solutions. Bringing together perspectives from a wealth of disciplines, this book is essential reading for courses on global justice across criminology, sociology, political science, anthropology, philosophy and law.
Abstract This article offers a critical perspective on emerging and alternative spaces for emancipation within transitional justice studies. Taking into account recent critical literature and postcolonial interventions in transitional justice studies, we argue that barriers to moving our understanding of transitional justice forward are both conceptual and methodological. Conceptual hurdles are visible through narrow justice demands often limited to the context of post-conflict and post-authoritarian settings, thus normalizing injustice in liberal democratic and postcolonial contexts. Methodological impediments exist because transitional justice scholarship operates at a positivist level, or trying to explain certain, and desired, outcomes rather than destabilizing and unsettling unequal power relations. As a result, research practice in the field reflects the perspectives and preferences of elites in transition societies through a legal-technical mechanistic imagining of transitional justice that we refer to as the transitional justice machine. We argue that the needs and voices of marginalized social actors, particularly within states that are largely defined as liberal democratic or postcolonial, have long been ignored due to these practices. Against the backdrop of evolving agency patterns, including widespread global protest and demands to deal with the past across countries, we zoom in on a variety of actors who, until now, have not been at the focus of transitional justice studies. Drawing on a variety of case studies, this article contributes to the critical understanding of transitional justice studies as a Bourdieusian field. First, by expanding the conceptual lens to include racial, socio-economic, and postcolonial injustice, and, second, by advancing a more critical methodological approach that puts at its center unequal power relationships.
In: Kurze , A , Lamont , C & Robins , S 2015 , ' Contested Spaces of Transitional Justice : Legal Empowerment in Global Post-Conflict Contexts Revisited ' , International Journal of Human Rights , vol. 19 , no. 3 (Special Issue) , pp. 260-276 . https://doi.org/10.1080/13642987.2015.1029342 ; ISSN:1364-2987
This article critically examines the concept of legal empowerment as it has been used with reference to transitional justice, mapping its rise and impact based on a selection of case studies. In recent decades, international transitional justice advocacy has evolved dramatically, with practice increasingly emphasising the centrality of criminal accountability for violence, precisely as more holistic approaches have emerged that have broadened the remit of transitional justice. Post-conflict justice advocates have thus become professionalised transitional justice entrepreneurs working on issues such as democratic transitions, rule of law and human rights. A legal empowerment discourse has emerged in a number of scholarly debates that discuss legalistic and normative issues related to the implementation of retributive and restorative justice mechanisms. In theory, the concept of legal empowerment addresses the issue of social exclusion in transitions, increasing the rights of the marginalised. In practice, however, legal empowerment has disappointed and raises several issues around its performance that are scrutinised in this article. Drawing on case studies in Nepal, Tunisia and Bosnia-Herzegovina the authors analyse issues related to agency, institutions and structure, and argue for a needs-centred, participatory approach in place of the rights-based legal empowerment concept.