Chapter 5, by Christopher K. Lamont, further elaborates on critical debates regarding the scope of transitional justice processes. Drawing upon the Tunisian transition, he observes that one of the important debates has been over the appropriate temporal and substantive scope of any transitional justice mechanisms. He argues that transitional justice literature may not understand these debates well, not only because it has not until recently engaged with the MENA region, but because the former literature has been driven by legalism, while debates in Tunisia (and perhaps other countries in the region) over transitional justice issues have been driven by state-building contestation. He suggests that this is partly to do with the fact that in this region justice is understood as more than legal justice, also encompassing Islamic conceptions of social justice, and because decisions relate to political contestations about state identity.
Arab Spring constitution-making: polarization, exclusion, and constraints