Preface

Contributors

Introduction

1. Theorizing Transitional Justice

2. Justice, Truth, Peace

3. Forms of Transitional Justice

4. Countering the Wrongs of the Past:

The Role of Compensation

5. Reparations as Rough Justice

6. Reparations as a Noble Lie

7. Leviathan as a Theory of Transitional Justice

8. Transitional Prudence: A Comment on

David Dyzenhaus, "Leviathan as a

Theory of Transitional Justice”

9. What Is Non-Ideal Theory?

10. When More May Be Less: Transitional Justice in

East Timor

11. Reconciliation, Refugee Returns, and the

Impact of International Criminal Justice:

The Case of Bosnia and Herzegovina

Monika Nalepa

Index

Criminal
tribunals, truth commissions, reparations, apologies and memorializations are
the characteristic instruments in the transitional justice toolkit that can help
societies transition from authoritarianism to democracy, from civil war to
peace, and from state-sponsored extra-legal violence to a rights-respecting
rule of law. Over the last several decades, their growing use has established
transitional justice as a body of both theory and practice whose guiding norms
and structures encompasses the range of institutional mechanisms by which
societies address the wrongs committed by past regimes in order to lay the
foundation for more legitimate political and legal order.
In Transitional
Justice, a group of leading
scholars in philosophy, law, and political science settles some of the key
theoretical debates over the meaning of transitional justice while opening up
new ones. By engaging both theorists and empirical social scientists in debates
over central categories of analysis in the study of transitional justice, it
also illuminates the challenges of making strong empirical claims about the
impact of transitional institutions.
Contributors:
Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley
Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal
Sreenivasan, Adrian
Vermeule, and Jeremy Webber.