Transitional justice and injustice: The uses and misuses of the liberal peace

Cyanne Loyle, Christian Davenport

Research output: Chapter in Book/Report/Conference proceedingChapter

3 Citations (Scopus)

Abstract

As Christine Bell writes in her 2009 overview of the field of transitional justice (TJ), it is unclear whether in practice transitional justice is "‘good’ (an extension of human rights discourse, or necessary for democratization or peace), ‘bad’ (imperialist, hegemonic, impunity serving or promoting a dangerous legal exceptionalism) or a value-neutral tool with which both ‘good’ and ‘bad’ goals can be pursued" (Bell, 2009, p. 6). Despite this uncertainty within the field itself, the existing transitional justice literature and much of the discussion surrounding it throughout the world has proceeded with the assumption that transitional justice is implemented to advance the normatively "good" goals of the liberal peace-namely, (1) promoting truth and reconciliation, (2) preventing the resumption of armed conflict, and (3) increasing democratization and civic participation. While there is no doubt that these are some of the main motivations of the international community as well as the donor agencies that support transitional justice, these need not be the motivations of the implementing governments themselves, and this should cause us some concern.

Original languageEnglish (US)
Title of host publicationThe Uses and Misuses of Human Rights
Subtitle of host publicationA Critical Approach to Advocacy
PublisherPalgrave Macmillan
Pages173-194
Number of pages22
ISBN (Electronic)9781137408341
ISBN (Print)9781137408334
DOIs
StatePublished - Jan 1 2014

Fingerprint

peace
justice
democratization
reconciliation
human rights
uncertainty
participation
cause
discourse
community
Values

All Science Journal Classification (ASJC) codes

  • Social Sciences(all)

Cite this

Loyle, C., & Davenport, C. (2014). Transitional justice and injustice: The uses and misuses of the liberal peace. In The Uses and Misuses of Human Rights: A Critical Approach to Advocacy (pp. 173-194). Palgrave Macmillan. https://doi.org/10.1057/9781137408341_7
Loyle, Cyanne ; Davenport, Christian. / Transitional justice and injustice : The uses and misuses of the liberal peace. The Uses and Misuses of Human Rights: A Critical Approach to Advocacy. Palgrave Macmillan, 2014. pp. 173-194
@inbook{bcf12b6d86014d3fbef6d1247689aa38,
title = "Transitional justice and injustice: The uses and misuses of the liberal peace",
abstract = "As Christine Bell writes in her 2009 overview of the field of transitional justice (TJ), it is unclear whether in practice transitional justice is {"}‘good’ (an extension of human rights discourse, or necessary for democratization or peace), ‘bad’ (imperialist, hegemonic, impunity serving or promoting a dangerous legal exceptionalism) or a value-neutral tool with which both ‘good’ and ‘bad’ goals can be pursued{"} (Bell, 2009, p. 6). Despite this uncertainty within the field itself, the existing transitional justice literature and much of the discussion surrounding it throughout the world has proceeded with the assumption that transitional justice is implemented to advance the normatively {"}good{"} goals of the liberal peace-namely, (1) promoting truth and reconciliation, (2) preventing the resumption of armed conflict, and (3) increasing democratization and civic participation. While there is no doubt that these are some of the main motivations of the international community as well as the donor agencies that support transitional justice, these need not be the motivations of the implementing governments themselves, and this should cause us some concern.",
author = "Cyanne Loyle and Christian Davenport",
year = "2014",
month = "1",
day = "1",
doi = "10.1057/9781137408341_7",
language = "English (US)",
isbn = "9781137408334",
pages = "173--194",
booktitle = "The Uses and Misuses of Human Rights",
publisher = "Palgrave Macmillan",

}

Loyle, C & Davenport, C 2014, Transitional justice and injustice: The uses and misuses of the liberal peace. in The Uses and Misuses of Human Rights: A Critical Approach to Advocacy. Palgrave Macmillan, pp. 173-194. https://doi.org/10.1057/9781137408341_7

Transitional justice and injustice : The uses and misuses of the liberal peace. / Loyle, Cyanne; Davenport, Christian.

The Uses and Misuses of Human Rights: A Critical Approach to Advocacy. Palgrave Macmillan, 2014. p. 173-194.

Research output: Chapter in Book/Report/Conference proceedingChapter

TY - CHAP

T1 - Transitional justice and injustice

T2 - The uses and misuses of the liberal peace

AU - Loyle, Cyanne

AU - Davenport, Christian

PY - 2014/1/1

Y1 - 2014/1/1

N2 - As Christine Bell writes in her 2009 overview of the field of transitional justice (TJ), it is unclear whether in practice transitional justice is "‘good’ (an extension of human rights discourse, or necessary for democratization or peace), ‘bad’ (imperialist, hegemonic, impunity serving or promoting a dangerous legal exceptionalism) or a value-neutral tool with which both ‘good’ and ‘bad’ goals can be pursued" (Bell, 2009, p. 6). Despite this uncertainty within the field itself, the existing transitional justice literature and much of the discussion surrounding it throughout the world has proceeded with the assumption that transitional justice is implemented to advance the normatively "good" goals of the liberal peace-namely, (1) promoting truth and reconciliation, (2) preventing the resumption of armed conflict, and (3) increasing democratization and civic participation. While there is no doubt that these are some of the main motivations of the international community as well as the donor agencies that support transitional justice, these need not be the motivations of the implementing governments themselves, and this should cause us some concern.

AB - As Christine Bell writes in her 2009 overview of the field of transitional justice (TJ), it is unclear whether in practice transitional justice is "‘good’ (an extension of human rights discourse, or necessary for democratization or peace), ‘bad’ (imperialist, hegemonic, impunity serving or promoting a dangerous legal exceptionalism) or a value-neutral tool with which both ‘good’ and ‘bad’ goals can be pursued" (Bell, 2009, p. 6). Despite this uncertainty within the field itself, the existing transitional justice literature and much of the discussion surrounding it throughout the world has proceeded with the assumption that transitional justice is implemented to advance the normatively "good" goals of the liberal peace-namely, (1) promoting truth and reconciliation, (2) preventing the resumption of armed conflict, and (3) increasing democratization and civic participation. While there is no doubt that these are some of the main motivations of the international community as well as the donor agencies that support transitional justice, these need not be the motivations of the implementing governments themselves, and this should cause us some concern.

UR - http://www.scopus.com/inward/record.url?scp=84957856564&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84957856564&partnerID=8YFLogxK

U2 - 10.1057/9781137408341_7

DO - 10.1057/9781137408341_7

M3 - Chapter

AN - SCOPUS:84957856564

SN - 9781137408334

SP - 173

EP - 194

BT - The Uses and Misuses of Human Rights

PB - Palgrave Macmillan

ER -

Loyle C, Davenport C. Transitional justice and injustice: The uses and misuses of the liberal peace. In The Uses and Misuses of Human Rights: A Critical Approach to Advocacy. Palgrave Macmillan. 2014. p. 173-194 https://doi.org/10.1057/9781137408341_7