Justice Discourses in Transition

Bibliographic Data

ID12282960
AuthorsChristine Bell (0000-0003-0233-4410, corresponding author), Colm Campbell (University of Ulster), Fionnuala Ní Aoláin (0000-0002-5909-8976, University of Ulster, Northern Ireland)
Year2004
Volume13
Issue3
Pages305-328
Publication date2004-09-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueSocial & Legal Studies (JOURNAL)
Journal identifiersISSN: 0964-6639 • E-ISSN: 1461-7390
PublisherSAGE Publishing (PUBLISHER • US)
DOI10.1177/0964663904044997
OpenAlexW2021889403
LanguageEN
Citations received32
References cited32

This article asserts that ‘transitional justice’ analyses provide important tools in understanding how societies emerge from violent politics. It argues for a conception of transitional justice that goes beyond the question of dealing with the legacy of past human rights violations; rather, its focus is on a range of inter-related dilemmas relating to the role of law in transitional societies. Specifically, the article explores the pivotal and paradoxical role played by law and legal process in times of transition. It examines the tensions inherent in simultaneously reforming the law while utilizing legal form to bring about institutional transformation. These broad theoretical issues are addressed using Northern Ireland as a case study. The role of law is examined (and a reassessment of transition offered), through an exploration of five inter-linked areas: The relationship between law and conflict; the transformation of legal institutions; dealing with the past; political accommodation and minority rights; and the gap which occurs around gender and political transition. The article concludes by suggesting that only through a broader understanding of transitional justice, coupled with a nuanced reassertion of law’s domestic and international legitimacy, can the role of law in transitional societies be adequately understood

Economic Justice · Human rights · Law and economics · Legitimacy · Political science · Politics · Rule of law · Sociology · Transition (genetics · Transitional justice · Gender, Security, and Conflict · Historical and Contemporary Political Dynamics · International Law and Human Rights · Law

Tools

Open DOISci-Hub