Description
Book SynopsisAt the century''s end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by bygones? Transitional Justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Teitel explores the recurring question of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, and contending through historical and comparative illustrations that the law nevertheless plays a profound role in periods of radical change. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition.
Trade ReviewRuti Teitel shows in the most comprehensive analysis to date, one of the most vexed topics in the debate about transitional justice-the question of amnesty-was addressed in the Athenian Constitution that followed Athen's defeat in the Peloponnesian War...her frequent illuminating references to the stories of the Old Testament illustrate that the problems and complexities of reconciling a deeply divided society.. * David Dyzenhaus *
Table of ContentsIntroduction ; 1. The Rule of Law ; 2. Criminal Justice ; 3. Historical Justice ; 4. Reparatory Justice ; 5. Administrative Justice ; 6. Constitutional Justice ; 7. Towards a Theory of Transitional Justice