Mirrors of Justice :Law and Power in the Post-Cold War Era

Publication subTitle :Law and Power in the Post-Cold War Era

Author: Kamari Maxine Clarke;Mark Goodale;  

Publisher: Cambridge University Press‎

Publication year: 2009

E-ISBN: 9781316921036

P-ISBN(Paperback): 9780521195379

P-ISBN(Hardback):  9780521195379

Subject: D916.1 the administration of justice

Keyword: 法律

Language: ENG

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Description

Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literatures on human rights, legal pluralism, and international law. Introduction. Understanding the multiplicity of justice Mark Goodale and Kamari Maxine Clarke; 1. Beyond compliance: toward an anthropological understanding of international justice Sally Engle Merry; Part I. Justice and the Geographies of International Law: 2. Postcolonial denial: why the European Court of Human Rights finds it so difficult to acknowledge racism Marie-Bénédicte Dembour; 3. Proleptic justice: the threat of investigation as a deterrent to human rights abuses in Côte d'Ivoire Michael McGovern; 4. Global governmentality: the case of transnational adoption Signe Howell; 5. Implementing the International Criminal Court Treaty in Africa: the role of NGOs and government agencies in constitutional reform Benson Chinedu Olugbuo; 6. Measuring justice: internal conflict over the World Bank's empirical approach to human rights Galit A. Sarfaty; Part II. Justice, Power, and Narratives of Everyday Life: 7. The victim deserving of global justice: power, caution, and recovering individuals Susan F. Hirsch; 8. Recognition, reciprocity, and justice: Melanesian reflections on the rights of relationships Joel Robbins; 9. Irreconcilable differences? Shari'ah, human rights, and family code reform in contemporary Morocco Amy Elizabeth Young; 10. The production of 'forgiveness': God, justice, and state failure in postwar Sierra Leone Rosalind Shaw; Part III. Justice, Memory, and the Politics of History: 11. Impunity and paranoia: writing histories of Indonesian violence Elizabeth Drexler; 12. National security, WMD, and the selective pursuit of justice at the Tokyo War Crimes Trial, 1946–8 Jeanne Guillemin; 13. Justice and the League of Nations minority regime Jane K. Cowan; 14. Commissioning truth, constructing silences: the Peruvian TRC and the other truths of 'terrorists' Lisa J. Laplante and Kimberly Theidon;

Chapter

Conclusion: justice and injustice in the current conjuncture

Bibliography

1 Beyond Compliance: Toward an Anthropological Understanding of International Justice

Approaches to international law

International law and village law

Conclusion

References

Part I: Justice and the geographies of international law

2 Postcolonial Denial: Why the European Court of Human Rights Finds It So Difficult to Acknowledge Racism

A late and haphazard case law pointing to a court of denial

The orientalism of the few verdicts of violation

Postcolonial logic

The difficulty, but also responsibility, of naming racism

No justice without acknowledgment

Conclusion

Acknowledgments

References

3 Proleptic Justice: The Threat of Investigation as a Deterrent to Human Rights Abuses in Côte d’Ivoire

Introduction: justice, paternalism, and legitimacy

Human rights talk in a polarized public sphere

The icc and the judicialization of international politics: “la justice a ses raisons que la raison politique ne connaît pas”

Ivorian reactions to the threat of international prosecution

Putting justice regimes into their realpolitik context: the double language of international diplomacy

Conclusion: the threat of prosecution and the political imaginary

Acknowledgments

4 Global Governmentality: The Case of Transnational Adoption

Preamble

Global governmentality

Justice

The growth of transnational adoption

International conventions

Legal pluralism and the quest for justice

The african charter on the rights and welfare of the child

Global governmentality: some reactions from donor countries

Ethiopia

India and China

Conclusion

Acknowledgments

References

5 Implementing the International Criminal Court Treaty in Africa: The Role of Nongovernmental Organizations and Government Agencies in Constitutional Reform

Introduction

The icc and the interests of justice

Implementing the rome statute and prosecuting crimes in africa

Peace and Justice in Uganda

The Democratic Republic of the Congo Referral

The ICC and the Darfur Conflict

ICC Investigations in CAR

The role of ngos and government agencies in constitutional reform

Problems and prospects of implementing the rome statute in africa

The way forward

6 Measuring Justice: Internal Conflict over the World Bank’s Empirical Approach to Human Rights

The human rights taboo and its historical origins

The taboo’s evolution

Selective Application of the Taboo (by Topic and Country)

Explicit Exceptions to the Taboo

Variations of the Taboo

A tension between principles and pragmatism at the world bank

Interpretive pluralism over human rights

Acknowledgments

References

Part II: Justice, Power, and Narratives of Everyday Life

7 The Victim Deserving of Global Justice: Power, Caution, and Recovering Individuals

Introduction

The victim deserving of global justice

Advocating for victims: the northern uganda conict

Assessing Local Justice Options

Confronting Conceptual Challenges

Recovering Victims in Legal Processes

Conclusion

Acknowledgments

References

8 Recognition, Reciprocity, and Justice: Melanesian Reflections on the Rights of Relationships

Relationships in melanesia

Justice and the rights of relationships

Urapmin Courts

Sex Work in Huli

The “Compo Girl” Case

Conclusion: going universal with relational justice

References

9 Irreconcilable Differences?: Shari’ah, Human Rights, and Family Code Reform in Contemporary Morocco

Shari’ah, human rights, and justice: irreconcilable differences?

The 2004 mudawwana reform in morocco

Shari’ah and human rights: reconcilable differences?

Conclusions

References

10 The Production of “Forgiveness”: God, Justice, and State Failure in Post-War Sierra Leone

Peace and culture versus justice?

Historicizing forgiveness, fatalism, and justice

The violence of transitional justice

“I have not yet seen pa kabbah”: god and forgiveness in gbendembu and mateboi

Justice in a Failed State?

Conclusion

References

Part III: Justice, Memory, and the Politics of History

11 Impunity and Paranoia: Writing Histories of Indonesian Violence

References

12 National Security, Weapons of Mass Destruction, and the Selective Pursuit of Justice at the Tokyo War Crimes Trial, 1946–1948

The allied prosecution of war crimes

Mass murder and general ishiis program

Japans use of bw

The china brief

Soviet silence

The immunity bargain

The consequences of the imtfe suppression of japanese bw crimes

Acknowledgments

13 Justice and the League of Nations Minority Regime

Justice and difference

The return to the league minority regime

The place of justice: architects of the minorities treaties and the league system

Minority states

Petitioners

Minority advocates and league civil servants

Conclusion

Acknowledgments

References

14 Commissioning Truth, Constructing Silences: The Peruvian Truth Commission and the Other Truths of “Terrorists”

Introduction

Peru's War on Terror: Calculating the Cost of “Success”

Commissioning truth, silencing “subversives”

Reconciling What and with Whom?

Conclusion

Acknowledgments

References

Epilogue: The Words We Use: Justice, Human Rights, and the Sense of Injustice

Introduction

A corpus of work: 1971–2007

The sense of injustice

Concrete instances

Toward a nontheory of law and justice

Acknowledgments

References

Index

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