Reconceptualising transitional justice as a pluralistic theory of justice

Ferrara, Anita. Reconceptualising Transitional Justice as a Pluralistic Theory of Justice. Social & Legal Studies, https://doi.org/10.1177/09646639261422354

Abstract

In recent decades, many post-conflict and post-authoritarian societies have developed various non-judicial and quasi-judicial mechanisms beyond trials to deal with the consequences of mass atrocities. These mechanisms include truth commissions, local and national reconciliation processes, memory initiatives, apologies, conditional amnesties and reparations, among others. They not only represent distinct tools for addressing past injustices but also embody distinct theories of justice, including restorative, reparative, customary and historical justice. The article argues that the proliferation and coexistence of multiple theories of justice have made the field of transitional justice inherently pluralistic, moving it beyond a singular liberal-legalist tradition. The primary challenge is to examine how these theories of justice coexist, intersect and interact. Building on critical transitional justice literature, empirical findings, and informed by legal pluralism, this article does not propose a new overarching theory of justice. Rather, it aims to conceptualise a pluralistic theory of justice rooted in praxis and communities’ perceptions of justice. This framework seeks to reorient the field's theoretical foundation and more accurately capture the multifaceted nature of justice after atrocities by incorporating diverse knowledge systems and lived experiences.

Publisher

SAGE Publications

Rights

CC BY

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