In this essay, we survey the literature on international criminal tribunals & transitional justice. We argue that the literature has been dominated by two general orientations, a legalism that is premised on logic of appropriateness & a pragmatism premised on a logic of consequences. We also consider a third orientation, guided by a logic of emotions, that recognizes the significance of transitional justice but emphasizes strategies that diverge from the model of legalism. Our primary concern is with scholarship in political science, although we also consider work from the disciplines of law, history, & sociology & from practitioners & advocates. The normative positions of scholars have heavily influenced the development of literature in this field, in which scholarship, practice, & advocacy are deeply intertwined. Advocates & individuals who have played key roles in the development of international criminal justice institutions, domestic tribunals, & truth commissions have been prominent in setting the agenda for scholars. Nonetheless, there is also a growing body of rigorous social science research that attempts to assess empirically -- & sometimes critically -- the claims of advocates & practitioners & to explain changing strategies of justice. 60 References. Adapted from the source document.
For the first time in one collected volume, mainstream and critical human rights scholars together examine the empirical and normative debates around the future of human rights. They ask what makes human rights effective, what strategies will enhance the chances of compliance, what blocks progress, and whether the hope for human rights is entirely misplaced in a rapidly transforming world. Human Rights Futures sees the world as at a crucial juncture. The project for globalizing rights will either continue to be embedded or will fall backward into a maelstrom of nationalist backlash, religious resurgence and faltering Western power. Each chapter talks directly to the others in an interactive dialogue, providing a theoretical and methodological framework for a clear research agenda for the next decade. Scholars, graduate students and practitioners of political science, history, sociology, law and development will find much to both challenge and provoke them in this innovative book.