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Reconceptualising transitional justice: embedded and distanced justice

Gready, P. (2005) Reconceptualising transitional justice: embedded and distanced justice. Conflict, Security and Development, 5 (1). pp. 3-21. ISSN 1467-8802

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Abstract

This article argues that transitional justice ranges from the very personal and local to the global and structural, spanning processes and outcomes, clear demands, compromises and contracts. It explores this diversity using the framework of 'embedded justice' and 'distanced justice', and the case studies of South Africa, Rwanda and Sierra Leone. The argument draws on Fletcher and Weinstein (2002) to argue that justice needs to be embedded within and to engage the communities, cultures and contexts of conflict. A recent article by Sieff and Vinjamuri (2002) is used to advocate decentralisation. Transitional justice debates have generally overlooked justice, and human rights, as manifest in political, economic and social processes whilst privileging the law, and dismissing the potential of locally generated and embedded justice. The article argues that achieving the correct balance requires a shedding of nave faith in, and the transformation of, both local and international justice, and the contexts within which they operate, whilst seeking to build on their complementary capacities and legitimacies.

Item Type: Article
Academic Units: The University of York > Centre for Applied Human Rights (York)
Depositing User: York RAE Import
Date Deposited: 15 Jun 2009 16:38
Last Modified: 15 Jun 2009 16:38
Published Version: http://dx.doi.org/10.1080/14678800500103218
Status: Published
Publisher: Taylor & Francis
Identification Number: 10.1080/14678800500103218
URI: http://eprints.whiterose.ac.uk/id/eprint/5891

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