Transitional Justice raises many conceptual issues about the nature of law and its relationship to politics, to social change, and to a variety of different means of 'dispute resolution'.
Transitional Justice (TJ) covers issues of law and justice in a number of parts of the world, and these have generated a great amount of literature. TJ raises many conceptual issues about the nature of law and its relationship to politics, to social change, and to a variety of different means of 'dispute resolution'. It raises ethical and philosophical questions about what the role of law can and should be, the relationship between justice and truth, and punishment and reconciliation. It also raises important questions about how societies use law or other mechanisms to transition to societies that are more flourishing or emancipatory, for example around issues of gender, race and social justice.
The course involves a combination of conceptual and theoretical questions on the one hand and case studies on the other. Main case studies include the aftermath of the Rwanda genocide and gacaca courts, the move from apartheid in South Africa and the role of the Truth and Reconciliation Commission, and the aftermath of the Good Friday agreement in Northern Ireland. Issues of guilt, forgiveness and mourning; law, reconciliation and restoration will be covered.
This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.
The existing TJ field: what is TJ? TJ as transition from dictatorship to democracy under the rule of law; critique of this. TJ as about 'transition' or about 'justice', and what these terms mean. Political transition versus justice settlement.
What would a justice settlement look like: (1) in legal terms (responsibility and punishment); and (2) in ethical terms (grief, guilt and forgiveness)
Legal justice versus truth and reconciliation. Formal versus informal justice. TJ 'from above' and 'from below'.
'Everyman as genocidaire'. The limits of legal justice in transitional contexts: justice and judgment for genocidaires - Arendt on Eichmann; Joshua Oppenheimer's film, The Act of Killing (2012) - Indonesia.
Justice versus truth and reconciliation; formal versus informal justice; restorative justice - the TRC in South Africa; Gacaca courts in Rwanda.
Political transition versus justice settlement: what happens when issues are unresolved? Guilt, forgiveness and mourning: Patrizio Guzman's film, Nostalgia for the Light (2010) - Chile. Aftermath of 'successful' TJ - Northern Ireland.
Deepening transition: gender roles, women's mobilisation and TJ; TJ and social justice.
By the end of the module, students should be able to:
Arendt, Eichmann in Jerusalem (2006)
Benjamin, Beyond Doer and Done To (2017)
Bornkamm, Rwanda's Gacaca Courts: Between Retribution and Reparation (2012)
Boraine, Dealing with the Past: Truth and Reconciliation in South Africa (1997)
Catacuzino, The Forgiveness Project (2015)
Clark, The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda (2011)
Cohen, States of Denial (2001)
Hearty, Critical Engagement: Irish Republicanism, Memory Politics and Policing (2017)
Kurze and Lamont, New Critical Spaces in Transitional Justice: Gender, Art, and Memory (2019)
Lawther, Truth, Denial and Transition: Northern Ireland and the Contested Past (2014)
Lawther and Moffett, Research Handbook on Transitional Justice (2017)
McEvoy and McGregor, Transitional Justice from Below: Grassroots Activism and the Struggle for Change (2008)
McEvoy and Mallinder, Transitional Justice (2017) vols 1-4
Minow, Between Vengeance and Forgiveness (1998)
O'Rourke, Gender Politics in Transitional Justice (2015)
Teitel, Transitional Justice (2000)
Wilson, The Politics of Truth and Reconciliation in South Africa (2001)
There is a series of case studies in the Routledge Glasshouse Transitional Justice Series
View reading list on Talis Aspire
No subject specific skills defined for this module.
No transferable skills defined for this module.
| Type | Required |
|---|---|
| Lectures | 18 sessions of 1 hour (12%) |
| Seminars | 8 sessions of 1 hour (5%) |
| Private study | 124 hours (83%) |
| Total | 150 hours |
No private study requirements defined for this module.
No further costs have been identified for this module.
You do not need to pass all assessment components to pass the module.
Students can register for this module without taking any assessment.
| Weighting | Study time | Eligible for self-certification | |
|---|---|---|---|
| 3,000 word Essay | 100% | No | |
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Students should write an essay from one of a list of supplied titles. |
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