When does transitional justice begin and end? Colonised peoples, liberal democracies and restorative justice

Cunneen, Chris (2016) When does transitional justice begin and end? Colonised peoples, liberal democracies and restorative justice. In: Clamp, Kerry, (ed.) Restorative Justice in Transitional Settings. Routledge Frontiers of Criminal Justice . Routledge, Abingdon, UK, pp. 190-210.

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Abstract

There are overlaps between restorative and transitional justice with their emphasis on inclusion, non-adversarial approaches, and values such as 'truth, accountability, reparation, reconciliation and participation' (Clamp and Doak 2012: 341, also Cunneen 2006). This chapter explores the relationship between these justice paradigms specifically in the context of Indigenous peoples in the settler colonial states of Canada, the US, Australia and New Zealand. While these states may, to arying degrees, be associated with restorative justice, they are not normally considered within a transitional justice framework. This chapter argues there is some value in challenging this assumption, and that indeed settler colonial states might be seen as 'transitional societies' in their need to confront and remedy past injustices arising from their own colonial histories (Balint et al. 2014; Cunneen 2008).

Item ID: 42877
Item Type: Book Chapter (Research - B1)
ISBN: 978-1-138-85193-1
Date Deposited: 17 Nov 2016 02:50
FoR Codes: 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480405 Law and society and socio-legal research @ 30%
48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480501 Access to justice @ 30%
48 LAW AND LEGAL STUDIES > 4804 Law in context > 480401 Criminal law @ 40%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940403 Criminal Justice @ 50%
94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 50%
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