Whose Justice? Rethinking Transitional Justice from the Bottom Up

This paper argues that transitional justice needs to adopt a participatory approach to achieve longer-term sustainability, shifting away from the top-down 'one-size-fits-all' approach to allow 'voices from below' to be heard and heeded. It critiques dominant interpretations of key transitional justice concepts, and links them to the difficulties of post-conflict transitional justice in a range of violently divided societies. Popular participation and local agency, it is argued, is necessary to achieve ends identified in much transitional justice discourse, and to embed mechanisms for the creation of sustainable peace. A Northern Ireland initiative (the Ardoyne Commemoration Project) will be explored in-depth, illustrating how a bottom-up 'truth-telling' process can make a significant contribution to transitional justice and casting doubt on the validity of the deference to legal dominance in current policy and practice. The paper recommends that knowledge available in development studies and participatory theory be applied more clearly in debates and approaches in transitional justice.     

The Trial of Scopes: Perestroika,Epic Political Theory,and the Dominance of Method

This work takes up where Vanessa Ruget's 2002 New Political Science article leaves off in discussing the nature of political science in light of the work of Pierre Bourdieu. Ruget argues that there is a clear “establishment” at work in the discipline, benefiting from various types of “capital” and other reproduction strategies. The Perestroika movement, she believes, seeks in part to expose the supremacy of certain approaches to political science. I build upon Bourdieu's notion of reproduction strategies and discuss the limiting of the scope of political theory over the past 30 years as part of the (re)production strategy of a “methodized” political science. In this I utilize Sheldon Wolin's arguments concerning political theory as vocation and the importance of “epic” political theory as an attempt to resist the narrowing re-scoping of political theory and science.     

‘THE OLD DAYS ARE OVER’:1 IRISH REPUBLICANISM,THE PEACE PROCESS AND THE DISCOURSE OF EQUALITY

This article examines the current role of equality as a key discourse in the language of Sinn Féin. It explores this within the context of the consociational character of the Good Friday Agreement and the discursive nature of Republican ideology. The article argues that mainstream contemporary Republicanism (in the shape of Sinn Féin) is reforging its political agenda and doing so by rearticulating key elements of Republican thought and northern Nationalist political culture. Republicanism has always contained within it radical-universalist and ethnic particularist dimensions. It could be argued that the consociational nature of the Good Friday Agreement has placed a political premium for parties to emphasize their role as ethnic community advocates. The article will suggest that Sinn Féin has been employing the language of equality in order to marry its appeal as a party of communalist leadership with universalized principles. While the rhetoric of Nationalist aspirations remain, this process has ensured that equality has emerged as the meta-discourse for Sinn Féin as it moves away from armed anti-partitionism.     

The determinants of time off work after childbirth

Relatively little is known about the role that leave policies--family, parental, or maternity-leave policies--play in facilitating time off work after childbirth. Yet time off is a critical element of leave policies, as it facilitates the mother's recovery from childbirth and promotes maternal-infant attachment. Using data from Minnesota, the state with the highest rate of female labor force participation, we examine the extent to which policies, relative to personal, job, and workplace characteristics, determine the duration of women's childbirth-related leaves from work. A random sample of women identified from vital statistics records is used to estimate the relationship between leave policies and time off work after childbirth. Of our sample 85 percent had access to some paid leave benefits, although only 46 percent had paid maternity leave benefits. The difference in duration of leave between women with and without paid leave policies was approximately four weeks, a substantial difference for most women and their infants. Paid leave policies and spousal earnings as primary determinants of maternal time off work, suggest problems in the use of unpaid leave for economically vulnerable women.     

A Trojan Horse? Unionism, Trust and Truth-telling in Northern Ireland

The aim of this article is to examine the relationship betweentrust, testimony and truth recovery processes as part of post-conflicttransition. The paper uses the case study of unionist attitudestoward a community-based truth-telling project in Northern Irelandto demonstrate the impact an absence of trust can have uponwhat the French philosopher Paul Ricoeur has described as the‘space of controversy’ that emerges between the‘certification’ and the ‘accreditation’of testimony. The paper suggests such distrust is a legacy,not only of conflict, but also of the particular circumstancesof transition and the specific mechanisms of truth recoveryadopted. Ultimately the paper argues for a holistic, community-centredapproach towards truth-telling and raises issues relevant toother violently divided societies undergoing transition andgrappling with ways in which to deal with the legacy of politicalconflict.     

Compensation Schemes and Dispute Resolution Mechanisms: Beyond the Obvious

Because compensation and dispute resolution lie at the core of most resettlement proposals, this panel had two main objectives: to get an accurate grasp of the current Israeli approach to these challenges and to glean insights from relevant experiences in other settings. Before reading our panelists' presentations, one might be forgiven for reasonably thinking that "compensation equals cash" and "dispute resolution equals court." As our panelists discussed, however, such a straightforward view is simply inadequate to the needs of the resettlement problem — a much richer view of compensation and dispute resolution is required.     

INITIAL DEVELOPMENT OF A PSYCHOLOGICAL MODEL FOR JUDICIAL DECISION MAKING IN CONTINUING RESTRAINING ORDERS

Probate and family court judges are increasingly called upon to make rapid decisions regarding the continuance of restraining orders. These decisions are often made without the benefit of adequate background information or an awareness of which psychological and behavioral factors are most relevant. This action‐oriented research project develops a model that brings psychosocial factors to consideration for judges making decisions regarding the continuance of restraining orders. While further evaluation of the model is needed, the project's unique methodology highlights the value of interdisciplinary collaboration, multiple methods of inquiry, and the consideration of real‐world needs and constraints in developing decision‐making tools.     

Rebuilding a failed state: Liberia

This article argues for a combination of long-term engagement in providing security, culminating in training and mentoring of new security forces; a comprehensive approach to reintegrating ex-combatants that also benefits civilian host communities and helps to ensure that agricultural livelihoods are made viable; and the opening of a space for discussion of governance issues and revenue distribution that is supported by a revenue-collection trusteeship that takes some of the key areas of economic pillage out of the purview of the state and deposits state revenues transparently into the state's coffers, leaving it to a new breed of Liberian politicians to emerge.