DESIGNING BESPOKE TRANSITIONAL JUSTICE: A PLURALIST PROCESS APPROACH

Drawing on several scholarly methods, I posit that effective transitional justice mechanisms are ones that successfully reconstruct social norms opposing mass violence. Because norm generation is an inherently communal and contingent social process, transitional justice ought to be primarily locally...

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Bibliographic Details
Published inMichigan journal of international law Vol. 32; no. 1; p. 1
Main Author Ramji-Nogales, Jaya
Format Journal Article
LanguageEnglish
Published Ann Arbor Michigan Journal of International Law 01.10.2010
Subjects
Case studies
Criminal law
Design
Human rights
International law
Principles
Society
Violence
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Summary:Drawing on several scholarly methods, I posit that effective transitional justice mechanisms are ones that successfully reconstruct social norms opposing mass violence. Because norm generation is an inherently communal and contingent social process, transitional justice ought to be primarily locally controlled and always precisely tailored to particular events and societies.4 In a word, it must be bespoke. [...] the Article situates its proposals in current international law and dispute resolution literature that rejects universalist and adversarial legalist approaches in favor of process pluralism.
ISSN:1052-2867