scholarly journals Finding a way to live with the past: ‘self‐repair’, ‘informal repair’, and reparations in transitional justice

2021 ◽  
Vol 48 (3) ◽  
pp. 455-480
Author(s):  
SUNNEVA GILMORE ◽  
LUKE MOFFETT
2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Hakeem O. Yusuf

AbstractThe core of the argument of this article is that the integration of Islamic notions of justice into transitional justice mechanisms in the MENA makes for a more viable and sustainable transitional justice process in the region. This would mean a critical cultural value in the MENA is given a place in dealing with the past and mapping out a sustainable future in the region. The argument here is premised on the logic that a social transformation-focused enterprise like transitional justice ought to engage with Islam for sustainable outcomes in societies in the MENA where Islam is very influential. Given the significant role and influence of Islam on cultural, socio-political and legal institutions in the MENA, a process of transitional justice that takes account of Islamic values and practices is important for negotiating justice and institutionalising reforms in societies in the region.


2013 ◽  
Vol 50 (1) ◽  
pp. 24-44
Author(s):  
Roman David

Memories of wrongdoings are often viewed as an obstacle to reconciliation in divided societies. Is it due to the past or the present politics of the past? To examine the dilemma of essentialism versus presentism, this article investigates the impact of transitional justice on memories of wrongdoing. It theorizes that using different transitional justice strategies to deal with the same wrongdoing shapes memories in different ways. The theory is tested via vignette-based surveys in the Czech Republic, Hungary and Poland, which adopted distinct lustration laws. The results show that wrongdoing is viewed through lustration laws, reflecting present power constellations, not history.


Sociologija ◽  
2010 ◽  
Vol 52 (3) ◽  
pp. 285-306
Author(s):  
Milan Cakic

The main topic of this article are the motives that led to the adoption of lustration laws in the Czech Republic, Poland, and Serbia, and their social functions. In the opening section, lustration is placed in the wider framework of dealing with the past and two possible approaches to the phenomenon are discussed: to take it as part of the broader process of decommunization, or a measure of transitional justice. In the next section an attempt at defining the concept of lustration is made, with a view to eliminating some ambiguities surrounding it. Subsequently, two partially complementary theoretical models explaining the occurrence, form and severity of dealing with the past and lustration are presented. After that comes the description of the socio-political context at the time of the adoption of lustration laws in the three countries and identification of political and ideological forces that have supported or challenged it. Finally, the article attempts to answer the question whether lustration is a legitimate measure of settling historical justice, overcoming the legacies of socialism, a way to strengthen liberal democracy, or merely a tool in political struggles for power.


Author(s):  
Kevin Hearty

Viewing Irish republican policing memory primarily through a transitional justice lens, this chapter critically examines how Irish republicans, as a principal party to the conflict, approach the difficult issue of ‘dealing with the past’ as both collective victims and perpetrators of human rights violations during the conflict. It will interrogate the range of divergent views within modern Irish republicanism on issues such as victimhood, truth recovery, ‘moving on’ and ‘dealing with the past’. In particular, it looks at how the memory of human rights violations framed the wider policing debate and led to a master narrative of ‘never again’ whereby the value of ‘remembering’ past abuses lay in helping to prevent future repetition. This is placed against a more general backdrop of the stop-start ‘dealing with the past’ process in the North of Ireland that has included the establishment, operation and subsequent replacement of the Historical Enquiries Team (HET), the passage of the Civil Service (Special Advisers) Act (Northern Ireland), and proposals like the Haass/O’Sullivan document and the Stormont House Agreement.


2020 ◽  
pp. 175069802092145
Author(s):  
Joseph S Robinson

A large body of literature assumes post-conflict societies can and should mediate public memory towards frames conducive to a reconciled future. However, this article argues that such a drive marginalises survivors of political violence who narrate the past as still-present wounds. The linear temporality of transitional justice presumes an idealised trajectory through time, away from violence and towards reconciliation. However, this idealised temporality renders anachronistic survivors who depend on the prolongation of traumatic pasts for the possibility of political change. Using the case of former Ulster Defence Regiment in Northern Ireland, this article examines this prolongation through the lens of Ulster Defence Regiment survivors’ resistant place-memory along the Southwest run of the Irish border. Through the performative retemporalisation of everyday places and landscapes, survivors demand that their resistant memories and narrative frames of past violence still belong and still have active political resonance in transitional political space.


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