Reconciling Complexities of Time in Criminal justice and Transitional justice

被引:3
作者
Davidovic, Maja [1 ]
机构
[1] Univ Durham, Sch Govt & Int Affairs SGIA, Elvet Hill Rd, Durham DH1 3TU, England
关键词
criminal justice; education; memorialisation; temporality; Bosnia and Herzegovina; LAW; TEMPORALITY; EDUCATION; GENOCIDE; FUTURE; MEMORY;
D O I
10.1163/15718123-BJA10065
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article analyses complexities of time in transitional justice (TJ) and categorises the temporal dichotomies of TJ processes as timeboundness/timelessness and linearity/circularity, challenging the dominant linear conception of time in the field. Criminal justice, as the most dominant TJ pillar, is seen as timebound, battling with the passage of time to avoid justice being denied or delayed. By its procedural nature, criminal justice is less capable of addressing any circularity or repetition of violence but rather treats acts of violence as ruptures in linear time. Field research in Bosnia and Herzegovina shows that the less conventional TJ processes of education and memorialisation are often given the normative content of timelessness and utilised for their capacity to capture some of the repetition of harm. In addition to establishing these distinct temporal regimes and noting any conflicts between them, the article seeks to reconcile them by repositioning criminal justice within TJ as a factual and legitimating foundation for education and memorialisation.
引用
收藏
页码:935 / 961
页数:27
相关论文
共 52 条
  • [1] Adam Barbara., 1994, Time and Social Theory
  • [2] Beyond impunity: Can international criminal justice prevent future atrocities?
    Akhavan, P
    [J]. AMERICAN JOURNAL OF INTERNATIONAL LAW, 2001, 95 (01) : 7 - 31
  • [3] Aksenova Marina, 2017, Law and Memory: Towards Legal Governance of History, P48
  • [4] Ali Khan L., 2009, McGeorge Law Review, V40, P55
  • [5] Behram M., 2015, RADIO SLOBODNA 0714
  • [6] Bellino M.J., 2017, COMP ED, V53, P317
  • [7] Working through difficult pasts: toward thick democracy and transitional justice in education
    Bellino, Michelle J.
    Paulson, Julia
    Worden, Elizabeth Anderson
    [J]. COMPARATIVE EDUCATION, 2017, 53 (03) : 313 - 332
  • [8] Booth WJ, 2001, AM POLIT SCI REV, V95, P777
  • [9] Bueno-Hansen P., 2015, FEMINIST HUMAN RIGHT, P153
  • [10] Bush K., 2000, 2 FACES ED ETHNIC CO