DOI:10.2307/4093461
Transitional Justice as Ordinary Justice
@article{Posner2004TransitionalJA,
title={Transitional Justice as Ordinary Justice},
author={Eric A. Posner and Adrian Vermeule},
journal={Harvard Law Review},
volume={117},
pages={762}
E. Posner, Adrian Vermeule
Theorists of transitional justice study the transition measures used, or eschewed, by new democracies that succeed communist or authoritarian regimes - measures including trials, purges, lustration, reparations, and truth commissions. The theorists tend to oppose transitional measures, portraying them as illiberal and as a distraction from the task of consolidating new democracies. In this Article we argue against that view. The critics of transitional justice have gone wrong by overlooking…
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SHOWING 1-10 OF 41 REFERENCES
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M. Case
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J. Hasday
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E. Garrett
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G. Stone
In Anticipating Law: Research Methods, Ethics and the Law of Privilege, -- J. Sociological Methodology -- (2002), Ted Palys and John Lowman set forth the rationale for a "researcher-participant…
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C. Sunstein
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