A Resilience Approach to Transitional Justice?

ABSTRACT

Transitional justice, which is typically part of a liberal peacebuilding strategy, often seems distant, ineffective or even counter-productive. The concept of resilience, to which transitional justice discourses and scholarship have remained relatively indifferent, appears useful to explore justice initiatives in conflict or post-conflict situations. This article argues that much can be gained from better understanding the relevance of – and significant risks associated with – resilience thinking in this context. Through a critical approach to resilience, and embedded within a legal-pluralist framework, it examines some of the ways of dealing with political violence, with a particular focus on the Central African Republic.     

The Hi-jacking of Global Society? An Essay

Abstract

Globalization is producing a global society of some sort. Three leading forms are on offer: Global Civil Society, Global Islam and Global America. This essay presents an analysis of globalization as a process, and then a discussion of each of the three possible forms, while recognizing that contingency prevails in history. With this said, the odds are against Global Islam succeeding. Rather, the most likely outcome seems to be the ‘hijacking’ of Global Civil Society by the US. The reasons for this are given, plus a glance at alternative possibilities.     

The Profession of Public Administration: An Ethics Edge in Introductory Textbooks?

Given the substantial interest in public service ethics, this study examines its foundations as reflected in paradigmatic textbooks—a unit of analysis that informs both theory and practice in the field. The interpretative framework employed evaluates the context (the amount and placement of the topic, the use of graphics, and sources cited) as well as the content (conceptualization of management ethics and inclusion of implementation issues) of ethics found in the publications. A limited definition of a professional—one in possession of largely technical skills—is reflected in the textbooks. The implications of the findings are explored.     

Capabilities Theory and the Limits of Liberal Justice: On Nussbaum’s Frontiers of Justice

In Frontiers of Justice, Martha Nussbaum applies the “Capabilities Approach,” which she calls “one species of a human rights approach,” to justice issues that have in her view been inadequately addressed in liberal political theory. These issues include rights of the disabled, rights that transcend national borders, and animal rights issues. She demonstrates the weakness of Rawlsianism, contractualism in general, and much of the Kantian tradition in moral philosophy and shows the need to move beyond the limitations of narrow rationalism, nationalism, and speciesism. Nevertheless, Nussbaum fails to elaborate adequately the grounds for her own capabilities position or to face fundamental theoretical questions about the nature and implications of that position.     

Transitional Justice and ‘National Ownership’: An Assessment of the Institutional Development of the War Crimes Chamber of Bosnia and Herzegovina

In anticipation of its closure in 2014, the International Criminal Tribunal for the former Yugoslavia has begun to set out proposals for preserving and promoting its legacy of prosecuting persons responsible for violations of humanitarian law during the conflicts of the 1990s. A key aspect of this legacy has been to support the ‘national ownership’ of the justice systems in the former Yugoslavia that will continue to try war crimes cases in the years to come. This study explores the institutional development of the War Crimes Chamber of the Court of Bosnia and Herzegovina (WCC) to national ownership. In particular, it considers three critical aspects of the WCC's functioning that highlight the challenges that it faces as a mechanism of transitional justice in Bosnia and Herzegovina (BiH). These are the composition of prosecutors and judges, prosecutorial practices and outreach and communication activities. The article shows that the continued difficulties with these areas of legal practice figure as significant obstacles to the WCC's transition to full national ownership by both the legal professionals and local populace of BiH.     

The Special Court for Sierra Leone’s Consideration of Gender-based Violence: Contributing to Transitional Justice?

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February 22, 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice.

Where Are the Women? An Analysis of Gender Mainstreaming in Introductory Political Science Textbooks

Textbook content is a powerful indicator of what is and is not considered important in a given discipline. Textbooks shape both curriculum and students’ thinking about a subject. The extant literature indicates that gender is not well represented in American government textbooks, thus signaling to students that women and gender are not part of the mainstream in political science. I contribute to this literature by using quantitative and qualitative content analysis to examine gender mainstreaming in 10 introductory political science textbooks. I find that the quantity of gendered content is small, and the quality of that content varies considerably from text to text.     

Does Reacting to the Past Increase Student Engagement? An Empirical Evaluation of the Use of Historical Simulations in Teaching Political Theory

Within the teaching of political theory, an assumption is emerging that Reacting to the Past simulations are an effective tool because they encourage greater student engagement with ideas and history. While previous studies have assessed the advantages of simulations in other political science subfields or offered anecdotal evidence of their effectiveness in political theory courses, less attention has been paid to the empirical assessment of simulations in political theory. This study uses data — in the form of presimulation and postsimulation surveys, as well as focus groups — collected from two political theory courses in order to gauge levels of student engagement inside and outside of the classroom. We ask if students’ levels of engagement increase during the simulation in their political theory courses. We also explore the mechanisms involved in driving higher levels of student engagement during the simulation. We conclude by arguing that it is the liminal nature of the Reacting to the Past simulations that most likely explains increased levels of student engagement.     

What do we Need to be Part of Dialogue? From Discursive Ethics to Critical Social Justice

Abstract

The main goal of critical social justice is to ensure the agency of citizens, which enables them to take part, not only in public discussions about how resources are distributed, but also about matters such as what should be produced, how to do it and through what kind of production, among others. Critical social justice can be best formulated within the foundation programme of discursive ethics, in particular within Apel's version specified in his principle of co-responsibility. This principle establishes a telos that operates as a normative guide to formulate the constructive question about which the necessary conditions are for someone to be able to become a subject of dialogue. Answering this question leads, on the one hand, to the development of some constitutive elements of critical social justice and, on the other hand, to the identification of the social relations and structures that undermine the possibilities of a person to effectively participate in the discussion of the topics they consider relevant. As its constitutive elements, I propose reciprocal recognition autonomy, the metric of capabilities and a sufficientarian principle of justice, which work together with the well-known difference principle. These elements constitute a normative net that allows contemporary societies to be criticized from the perspective of justice.     

Does a membership fee foster successful public good provision? An experimental investigation of the provision of a step-level collective good

We report the results of an experiment investigating the provision of a step-level collective good. This experiment compares the behavior of subjects in a public good game with the behavior of subjects in a club good game. In the club good game, players who do not contribute the membership fee are excluded from the consumption of the collective good. The introduction of a small membership fee has surprisingly strong effects: it increases the provision of the collective good, delays provision failures and increases the number of contributors. The experiment also reveals the limits of the introduction of a small fee. At a high threshold level, the membership fee no longer ensures successful provision.     

A Political Defence of Kant’s Aufklärung: An Essay

The aim of this essay is to analyse the potential for political emancipation that lies within Kant’s conception of Aufklärung, in critical dialogue with enlightenment critics and specialised Kantian literature. My thesis is that Kant’s concept of enlightenment is intrinsically political and so it must be studied from the point of view of his political philosophy, which was fully developed in the decade of the 1790s. From this standpoint, I propose we study the role and place of Aufklärung within Kant’s central political thesis, to wit: that only the united will of the people can be a legitimate authority.     

Critical Theory and the Two-Level Account of Recognition - Towards a New Foundation?

Abstract

Axel Honneth makes initial and promising steps towards what could be called a two-level account of recognition, according to which the normatively substantial forms of recognition represent various manners in which the primordial acquaintedness with others is expressed. It will be argued that Honneth's promising approach must be revised in regard to the issue of intentionality, which may be achieved by reference to earlier critical theorists such as Adorno and Arendt. With such a foundation, critical theory can enter into new fruitful interdisciplinary dialogue.     

Where Does Location Affordability Drive Residential Mobility? An Analysis of Origin and Destination Communities

Abstract

Despite an overall decrease in residential mobility after the 2007 housing crisis, many households, particularly those that are low income, continue to move in pursuit of a better life. Traditional theories of residential mobility suggest that mobility will occur when housing and transportation costs are cumulatively greater than the cost of moving to a new location. At the same time, the influence of these factors is not likely to be uniform across geographic contexts or for moves up or down the metropolitan hierarchy. Our analysis examines how well affordability measures explain patterns of county-level residential mobility. Specifically, we contrast conventional measures of affordability focused on the ratio of income to housing expense with measures of location affordability that factor in both housing and transportation costs. We find that whereas households tend to move from lower to higher cost locations, transit affordability at the destination plays an important role in mobility decisions.