Transitional justice is in the pre-theoretical stage. It is mainly composed on/of empirical case studies and policy oriented aims.
There is also no common type of discourse between representatives from different disciplines involved in studies of transitional justice. What is needed is not a uniformisation of discourses but the creation of a structure which will allow “translation” of finding from one discourse to another. After accumulating a number of case studies it is possible to re-work available material with an attempt to create some theoretical framework for TJ.
In the paper I will argue that:
1. A serious approach to TJ requires the use of adequate social theory,
2. The type of social theory required for conceptualisation of transitional justice must include globalisation
3. That transitional justice manifests limitation of the paradigm of law as we know it since XIX century and is connected with the rise and establishment of nation-state system.
4. That the proper approach which will accommodate all others is to treat TJ as a constitutional process in social and institutional sense.
5. The approach to TJ as a constitutive and constitutional process creates structure for integration of these types of materials into a more coherent body of social science
6. I will also try to show that too many too distinct phenomena are put together into the same bag called “transitional justice”
7. In the last part of the paper I will argue that what is called transitional justice actually established paradigms which replace “normal” justice.
