By Zachary D. Kaufman
ISBN-10: 019024349X
ISBN-13: 9780190243494
ISBN-10: 0190655488
ISBN-13: 9780190655488
This ebook demanding situations the "legalist" paradigm, which postulates that liberal states pursue battle crimes tribunals simply because their decision-makers carry a principled dedication to the guideline of legislation. Kaufman develops another theory--"prudentialism"--which contends that any country (liberal or intolerant) may perhaps aid bona fide struggle crimes tribunals. extra as a rule, prudentialism proposes that states pursue transitional justice innovations, now not out of strict adherence to yes rules, yet because of a case-specific balancing of politics, pragmatics, and normative ideals. Kaufman checks those competing theories during the U.S. event in six contexts: Germany and Japan after international conflict II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses opposed to Kuwaitis, the atrocities within the former Yugoslavia within the Nineteen Nineties, and the 1994 Rwandan genocide.
Kaufman demonstrates that political and pragmatic elements featured as or extra prominently in U.S. transitional justice coverage than did U.S. govt officers' normative ideals. Kaufman therefore concludes that, no less than for the USA, prudentialism is improved to legalism as an explanatory conception in transitional justice policymaking.
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United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics by Zachary D. Kaufman
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