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Human Rights

By Bronwyn Leebaw

How may still state-sponsored atrocities be judged and remembered? This arguable query animates modern debates on transitional justice and reconciliation. This booklet reconsiders the legacies of 2 associations that remodeled the idea and perform of transitional justice. while the Nuremberg Trials exemplify the promise of legalism and overseas felony justice, South Africa's fact and Reconciliation fee promoted restorative justice and fact commissions. Bronwyn Leebaw argues that the 2 frameworks proportion a standard challenge: either depend on legal justice innovations to enquire stories of person sufferers and perpetrators, which undermines their serious function as responses to systematic atrocities. Drawing at the paintings of influential transitional justice associations and thinkers similar to Judith Shklar, Hannah Arendt, José Zalaquett, and Desmond Tutu, Leebaw bargains a brand new method of brooding about the serious function of transitional justice - person who emphasizes the significance of political judgment and investigations that learn complicity in, and resistance to, systematic atrocities. [C:\Users\Microsoft\Documents\Calibre Library]

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Additional info for Judging State-Sponsored Violence, Imagining Political Change

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17 Hart rejected this logic and defended legal positivism, arguing that prior written laws, even if immoral, should be recognized until they are replaced. ”18 What does she mean by this? It turns out that Shklar has in mind not only two distinctive ways of applying legalism to political conflict, but also two quite different ways of understanding and defining legalism. The main difference between the two has to do with how they define the place of politics in the pursuit of justice. The ideology of legalism, according to Shklar, is based on two central premises.

6 (1996): 22–5. Drumbl, Atrocity, Punishment, and International Law, 196. , ed. Audrey R. Chapman and Hugo Van der Merwe (Philadelphia: University of Pennsylvania Press, 2008). 12 on Thu Oct 11 11:03:41 BST 2012. 68 Even South African thinkers who defended the narrow investigative framework of the TRC, such as Charles Villa-Vicencio and Desmond Tutu, nevertheless made the case for incorporating political judgment into the restorative justice framework. These writings on political judgment have been neglected as a result of the individualistic focus of transitional justice theory and policy.

Good political judgment, as Arendt characterized it, must be constructive and imaginative as well as critical. 12 on Thu Oct 11 11:03:41 BST 2012. 001 Cambridge Books Online © Cambridge University Press, 2012 24 Judging State-Sponsored Violence and perpetrators, but should also investigate the experiences of those who engaged in acts of resistance against systematic atrocities. The primary threat that Arendt associated with “holes of oblivion” was in the effort to erase traces of struggle, to make protest and dissent appear futile in the face of overwhelming state-sponsored repression.

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