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The Socialisation of Transitional Justice: Expanding Justice Theories within the Field

Conflict Resolution
Democratisation
Human Rights
Transitional States
Brianne McGonigle Leyh
Utrecht University
Brianne McGonigle Leyh
Utrecht University

Abstract

This paper examines five conceptions of justice that have greatly influenced or shaped transitional justice processes by touching on their appeal as well as the major criticisms they face. It emphasises how the early conceptions of justice predominantly focused on civil and political rights violations and elaborates upon the main critiques of this narrow emphasis. The paper then examines the arguments calling for a broader justice conception and expansion of the traditional transitional justice mandate, looking specifically at recent calls for the facilitation of social and transformative justice. It explores whether the proliferation of justice conceptions has strained the core notion of transitional justice making it too overstretched and all encompassing. The aim of the paper is to explore the theoretical roles and values assigned to different justice conceptions within transitional justice processes, as well as shed light on the complex and changing nature of transitional justice over the past few decades, leading to the socialisation of transitional justice.