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How do societies at the national and international level try to overcome historical injustices? What remedies did they develop to do justice to victims of large scale atrocities? And even more important: what have we learned from the implementation of these so-called instruments of transitional justice in practice? Lawyers, socials scientists and historians have published shelves full of books and articles on how to confront the past through international criminal tribunals, truth commissions, financial compensation schemes and other instruments of retributive/punitive and restorative justice. A serious problem continues to be that broad interdisciplinary accounts that include both categories of measures are still hardly available. With this volume a group of international experts in the field endeavors to fill this gap, and even more. By alternating historical overviews with critical assessments this volume does not only offer an extensive introduction to the world of transitional justice, but also food for thought concerning the effectiveness of the remedies it offers to face the past successfully. 'This synthetic volume is a comprehensive introduction to the various facets of the field of historical injustice of which transnational justice is its best known manifestation. This practical and thoughtful publication addresses critical aspects that challenge the goal of redressing the past as these are presented in scholarship, advocacy and policy. The book delves into questions from justice to ethics and to education and would be useful for students as well as policy makers.' Elazar Barkan, Columbia University'This is a superb reference work on Transitional Justice, covering nearly all of the general questions regarding the various mechanisms in its toolbox, and the combinations thereof, and including case studies and pending cases. It provides expert analyses of transitional justice in post-conflict, post-authoritarian, and democratic states, presenting problems and solutions. The subjects broadly range from apologies to corporate complicity, to America's self-proclaimed exceptionalism when it comes to confronting onerous chapters of its past. In recent years, a number of problematic cases have emerged that will require us to re-think the transitional justice toolbox - this volume offers a solid basis from which to depart'Nanci Adler, University of Amsterdam.
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Human rights --- Criminal law. Criminal procedure --- Reparations for historical injustices --- Transitional justice --- Justice --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice
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Governments increasingly offer or demand apologies for past human rights abuses, and it is widely believed that such expressions of contrition are necessary to promote reconciliation between former adversaries. The post-World War II experiences of Japan and Germany suggest that international apologies have powerful healing effects when they are offered, and poisonous effects when withheld. West Germany made extensive efforts to atone for wartime crimes-formal apologies, monuments to victims of the Nazis, and candid history textbooks; Bonn successfully reconciled with its wartime enemies. By contrast, Tokyo has made few and unsatisfying apologies and approves school textbooks that whitewash wartime atrocities. Japanese leaders worship at the Yasukuni Shrine, which honors war criminals among Japan's war dead. Relations between Japan and its neighbors remain tense.Examining the cases of South Korean relations with Japan and of French relations with Germany, Jennifer Lind demonstrates that denials of past atrocities fuel distrust and inhibit international reconciliation. In Sorry States, she argues that a country's acknowledgment of past misdeeds is essential for promoting trust and reconciliation after war. However, Lind challenges the conventional wisdom by showing that many countries have been able to reconcile without much in the way of apologies or reparations. Contrition can be highly controversial and is likely to cause a domestic backlash that alarms-rather than assuages-outside observers. Apologies and other such polarizing gestures are thus unlikely to soothe relations after conflict, Lind finds, and remembrance that is less accusatory-conducted bilaterally or in multilateral settings-holds the most promise for international reconciliation.
Apologizing --- Reconciliation --- Reparations for historical injustices. --- Political aspects. --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Peace making --- Peacemaking --- Reconciliatory behavior --- Apology (Psychology) --- Indemnity --- Social justice --- Quarreling --- Social interaction
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Reparations for historical injustices --- Genocide. --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- Crime --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice --- Namibia --- History --- History.
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There is a memorable line by ancient Greek poet Archilochus: 'The fox knows many things, but the hedgehog knows one big thing.' Drawing on this metaphor made popular by Isaiah Berlin, this book sets out to 'think like a fox' about transitional justice in an intellectual environment largely dominated by hedgehogs. Critical of the unitary 'hedgehog-like' vision underlying mainstream discourse, this book proposes a pluralist reading of the field. It asks: What would it mean for transitional justice to constructively deal with conflicts of values and interests in societies grappling with a violent past? And what would it imply to make meaningful room for diversity, to see 'the many' rather than just 'the one'?
Transitional justice. --- Reparations for historical injustices. --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice --- Justice --- Human rights --- Transitional justice --- Philosophy.
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The volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, consider the right of indigenous peoples to reparations for breaches of their individual and collective rights.The first part of the book is devoted to general aspects of this important question, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law and the vision of repar
Indigenous peoples --- Indigenous peoples (International law) --- Reparations for historical injustices. --- Legal status, laws, etc. --- Reparations. --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice --- Aboriginal peoples --- Aborigines --- Adivasis --- Indigenous populations --- Native peoples --- Native races --- Ethnology --- International law
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Offering the most comprehensive book-length study to-date of reparation programmes, this handbook contains an innovative blend of case-study analysis, thematic papers, and national legislation documents from leading scholars and practitioners. This landmark work will make a genuine contribution to the theory and practice of reparations. - ;This handbook is provides a broad range of essential information about past experiences with massive reparations programs as well as normative guidance for future practice. It examines in detail reparations programs in different parts of the world; includes
Reparations for historical injustices. --- Restorative justice. --- Human rights --- Moral and ethical aspects. --- Balanced and restorative justice --- BARJ (Restorative justice) --- Community justice --- Restorative community justice --- Criminal justice, Administration of --- Reparation (Criminal justice) --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice
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In Justice Back and Forth, award-winning author Richard Vernon explores the possibility of justice in cases where time makes reciprocity impossible. This "temporal justice" is examined in ten controversial cases.
Justice. --- Reparations for historical injustices. --- Intergenerational relations. --- Intergenerational relationships --- Relations, Intergenerational --- Relationships, Intergenerational --- Interpersonal relations --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice --- Injustice --- Conduct of life --- Law --- Common good --- Fairness
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Overcoming Historical Injustices is the last entry in Gibson's 'overcoming trilogy' on South Africa's transformation from apartheid to democracy. Focusing on the issue of historical land dispossessions - the taking of African land under colonialism and apartheid - this book investigates the judgements South Africans make about the fairness of their country's past. Should, for instance, land seized under apartheid be returned today to its rightful owner? Gibson's research zeroes in on group identities and attachments as the thread that connects people to the past. Even when individuals have experienced no direct harm in the past, they care about the fairness of the treatment of their group to the extent that they identify with that group. Gibson's analysis shows that land issues in contemporary South Africa are salient, volatile, and enshrouded in symbols and, most important, that interracial differences in understandings of the past and preferences for the future are profound.
Land reform --- Land tenure --- Reparations for historical injustices --- Law and legislation --- Redress for historical injustices --- Reparation for historical injustices --- Reparations --- Reparations for past injustices --- Restitution for historical injustices --- Indemnity --- Social justice --- Agrarian reform --- Economic policy --- Land use, Rural --- Social policy --- Agriculture and state --- Social Sciences --- Political Science
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