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Transitional Justice: The Legal Framework (Springer Textbooks in Law)

by Gerhard Werle Moritz Vormbaum

The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges.The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).

Transitional Justice and Reconciliation: Lessons from the Balkans

by Olivera Simic Martina Fischer

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Transitional Justice from State to Civil Society: Democratization in Indonesia

by Sri Lestari Wahyuningroem

This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia’s democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of ‘bottom-up’ approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia’s democracy and human rights’ institutions, the book provides a significant contribution to current understandings of Indonesia’s democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

Transitional Justice in Tunisia: Innovations, Continuities, Challenges

by Simon Robins Paul Gready

This book engages comprehensively with the dynamics of the transitional justice process in Tunisia and its mechanisms, elaborating lessons for transitional justice practice globally. Grounded in new empirical material as well as a broader awareness of transitional justice, this book provides a thorough assessment of transitional justice in Tunisia. Beyond an overview of the process, it critically engages with key questions such as the extent to which the process articulated global contemporary practice, such as liberal state-building and narrow conceptions of justice as civil-political rights, and to which it generated novel approaches at odds with the mainstream that can inform global practice. The book examines how the transitional justice process in Tunisia has been contextualised and made relevant to the nation’s circumstances and needs. It looks at innovation at the level of formal mechanisms and at the dynamics of mobilisation and contestation surrounding transitional justice both from civil society organisations and victims’ groups. Bringing together analysis from legal scholars, social scientists as well as activists and practitioners, the book challenges the legalism of transitional justice discourse globally, engendering a dialogue between these legal and judicial approaches on the one hand and alternative, more diverse and radical approaches to justice on the other, in order to both deal with the past and to address ongoing injustice. This first book in English to address the dynamics and mechanisms of the transitional justice process in Tunisia will appeal to students and scholars of transitional justice, human rights, peacebuilding, conflict and peace studies, development, and security studies, as well as policymakers and practitioners in these fields, and others with interests in Middle Eastern studies.

Transitional Selves: Possibilities for Identity in a Plurified World

by Marcus Bussey, Meera Chakravorty, and Camila Mozzini-Alister

This book engages with the ethics and practices of identity formation in a world experiencing identity stress. It engages with crucial questions such as: What models are shaping our view of ourselves and the society in which we live? What images ground our perception of what is true and real? How have the images been historically produced? What are the effects of such models on definitions of self? Should we break free from these images if we get to know what they are? Is it possible to change our models in order to create freer identities? Through a range of distinctive lenses, the essays in the volume deals with the ideas of the ‘liminal self’, the ‘digital self’, ‘identities in flux’, and offers up ‘anthropologies of self/selves’ that situates current identity processes within their cultures and explores strategies and dilemmas from this perspective. This key volume will be of interest to scholars and researchers of literary stories, critical theory, social theory, social anthropology, philosophy, and political philosophy.

Transitional Subjects: Critical Theory and Object Relations (New Directions in Critical Theory #67)

by Amy Allen Axel Honneth C. Fred Alford James Martel Owen Hulatt Joel Whitebook Johanna Meehan Noëlle McAfee Alessandro Ferrera Sara Beardsworth

Critical social theory has long been marked by a deep, creative, and productive relationship with psychoanalysis. Whereas Freud and Fromm were important cornerstones for the early Frankfurt School, recent thinkers have drawn on the object-relations school of psychoanalysis. Transitional Subjects is the first book-length collection devoted to the engagement of critical theory with the work of Melanie Klein, Donald Winnicott, and other members of this school. Featuring contributions from some of the leading figures working in both of these fields, including Axel Honneth, Joel Whitebook, Noëlle McAfee, Sara Beardsworth, and C. Fred Alford, it provides a synoptic overview of current research at the intersection of these two theoretical traditions while also opening up space for further innovations.Transitional Subjects offers a range of perspectives on the critical potential of object-relations psychoanalysis, including feminist and Marxist views, to offer valuable insight into such fraught social issues as aggression, narcissism, “progress,” and torture. The productive dialogue that emerges augments our understanding of the self as intersubjectively and socially constituted and of contemporary “social pathologies.” Transitional Subjects shows how critical theory and object-relations psychoanalysis, considered together, have not only enriched critical theory but also invigorated psychoanalysis.

Transitioning to Adulthood with Autism: Ethical, Legal and Social Issues (The International Library of Bioethics #91)

by Nanette Elster Kayhan Parsi

​This book offers the first ever book-length treatment of the topic of transitioning from adolescence to adulthood with autism and the attendant ethical, legal and social issues for the individual as well as caregivers and professionals. It features experts in a variety of areas (law, bioethics, philosophy, pediatrics, neurology, medicine, psychology, special education, social work, employment, civic participation, social media) who provide commentary on these areas and the relevant ethical/legal/social challenges young autistic adults face in these different areas. This is an indispensable read for educators, therapists, and other professionals who work in transition with young autistic adults.

Transitions from Authoritarian Rule: Comparative Perspectives

by Guillermo O’Donnell Philippe C. Schmitter Laurence Whitehead

An array of internationally noted scholars examines the process of democratization in Southern Europe and Latin America. The authors provide new interpretations of both current and historical efforts of nations to end periods of authoritarian rule and to initiate transition to democracy, efforts that have met with widely varying degrees of success and failure. Extensive case studies of individual countries, a comparative overview, and a synthesis conclusions offer important insights for political scientists, students, and all concerned with the prospects for democracy. In Volume 3, despite the unique contexts of transitions in individual countries, significant points of comparison emerge — such as the influence of foreign nations and the role of agents outside the government. These analyses explore both intra- and interregional similarities and differences.

Translanguaging in Science Education (Sociocultural Explorations of Science Education #27)

by Anders Jakobsson Pia Nygård Larsson Annika Karlsson

This edited volume explores diverse translanguaging practices in multilingual science classrooms in Hong Kong, Lebanon, Luxembourg, South Africa, Sweden and the United States. It presents novel opportunities for using students’ home, first or minority languages as meaning-making tools in science education. It also invites to explore the use of language resources and other multimodal resources, such as gestures and body language. In addition, it discusses and problematizes contingent hindrances and obstacles that may arise from these practices within various contexts around the world. This includes reviewing different theoretical starting points that may be challenged by such an approach. These issues are explored from different perspectives and methodological focus, as well as in several educational contexts, including primary, middle, secondary levels, higher education, as well as in after-school programs for refugee teenagers. Within these contexts, the book highlights and shares a range of educational tools and activities in science education, such as teacher-led classroom-talk, language-focused teaching, teachers’ use of meta-language, teachers’ scaffolding strategies, small-group interactions, and computer-supported collaborative learning.

Translating Feminism: Interdisciplinary Approaches to Text, Place and Agency (Palgrave Studies in Language, Gender and Sexuality)

by Maud Anne Bracke Julia C. Bullock Penelope Morris Kristina Schulz

This edited book addresses the diversity across time and space of the sites, actors and practices of feminist translation from 1945-2000. The contributors examine what happens when a politically motivated text is translated linguistically and culturally, the translators and their aims, and the strategies employed when adapting texts to locally resonating discourses. The collection aims to answer these questions through case studies and a conceptual rethinking of the process of politically engaged translation, considering not only trained translators and publishers, but also feminist activists and groups, NGOs and writers. The book will be of interest to students and researchers in the fields of translation studies, gender/women's studies, literature and feminist history.

Translating Heidegger

by Miles Groth

Despite Martin Heidegger’s influence on twentieth-century philosophy, understanding his way of thinking is difficult if one relies solely on the English translations of his work. Since Gilbert Ryle misjudged his work in a 1929 review of Sein und Zeit, Heidegger’s philosophy has remained an enigma to many scholars who cannot read the original German texts. In Translating Heidegger, Groth points to mistranslations as the root cause of misunderstanding Heidegger. Translators have not achieved clarity regarding Heidegger’s fundamental words, an understanding of which is crucial to gaining access to his thought. Having been mistranslated from the ancient Greek into Latin and then into modern European languages, Heidegger’s philosophies have largely been obscured for two millennia. In this unique study, Groth examines the history of the first English translations of Heidegger’s works and reveals the elements of Heidegger’s philosophy of translation, showing it at work in Heidegger’s radical translation of Parmenides, Fragment VI.

Translating Time: Cinema, the Fantastic, and Temporal Critique

by Bliss Cua Lim

Under modernity, time is regarded as linear and measurable by clocks and calendars. Despite the historicity of clock-time itself, the modern concept of time is considered universal and culturally neutral. What Walter Benjamin called "homogeneous, empty time" founds the modern notions of progress and a uniform global present in which the past and other forms of time consciousness are seen as superseded. In Translating Time, Bliss Cua Lim argues that fantastic cinema depicts the coexistence of other modes of being alongside and within the modern present, disclosing multiple "immiscible temporalities" that strain against the modern concept of homogeneous time. In this wide-ranging study--encompassing Asian American video (On Cannibalism), ghost films from the New Cinema movements of Hong Kong and the Philippines (Rouge, Itim, Haplos), Hollywood remakes of Asian horror films (Ju-on, The Grudge, A Tale of Two Sisters) and a Filipino horror film cycle on monstrous viscera suckers (Aswang)--Lim conceptualizes the fantastic as a form of temporal translation. The fantastic translates supernatural agency in secular terms while also exposing an untranslatable remainder, thereby undermining the fantasy of a singular national time and emphasizing shifting temporalities of transnational reception. Lim interweaves scholarship on visuality with postcolonial historiography. She draws on Henri Bergson's understanding of cinema as both implicated in homogeneous time and central to its critique, as well as on postcolonial thought linking the ideology of progress to imperialist expansion. At stake in this project are more ethical forms of understanding time that refuse to domesticate difference as anachronism. While supernaturalism is often disparaged as a vestige of primitive or superstitious thought, Lim suggests an alternative interpretation of the fantastic as a mode of resistance to the ascendancy of homogeneous time and a starting-point for more ethical temporal imaginings.

Translation and the Nature of Philosophy: A New Theory of Words (Routledge Revivals)

by Andrew Benjamin

This engrossing study, first published in 1989, explores the basic mutuality between philosophy and translation. By studying the conceptions of translation in Plato, Seneca, Davidson, Walter Benjamin and Freud, Andrew Benjamin reveals the interplay between the two disciplines not only in their relationship to language, but also at a deeper, cognitive level. Benjamin engages throughout with the central tenets of post-structuralism: the concept of a constant yet illusive ‘true’ meaning has lost authority, but remains a problem. The fact of translation seems to defy the notion that ‘meaning’ is reducible to its component words; yet, to say that the ‘truth’ is more than the sum of its parts, we are challenging the very foundations of what it is to communicate, to understand, and to know. In Translation and the Nature of Philosophy, the author sets out his own theory of language in light of these issues.

Translation Ethics (Routledge Introductions to Translation and Interpreting)

by Joseph Lambert

Translation Ethics introduces the topic of ethics for students, researchers, and professional translators. Based on a successful course and written by an experienced instructor, the Introduction and nine core chapters offer an accessible examination of a wide range of interlocking topic areas, which combine to form a cohesive whole, guiding students through the key debates. Built upon a theoretical background founded in philosophy and moral theory, it outlines the main contributions in the area and traces the development of thought on ethics from absolutism to relativism, or, from staunchly-argued textual viewpoints to current lines of thought placing the translator as agent and an active – even interventionary – mediator. The textbook then examines the place of ethical enquiry in the context of professional translation, critiquing provision such as codes of ethics. Each chapter includes key discussion points, suggested topics for essays, presentations, or in-class debates, and an array of contextualised examples and case studies. Additional resources, including videos, weblinks, online activities, and PowerPoint slide presentations on the Routledge Translation studies portal provide valuable extra pedagogical support. This wide-ranging and accessible textbook has been carefully designed to be key reading for a wide range of courses, including distance-learning courses, from translation and interpreting ethics to translation theory and practice.

A Translation of Lao-tzu’s Tao Te Ching and Wang Pi’s Commentary (Michigan Monographs In Chinese Studies #30)

by Paul J. Lin

During the Spring-Autumn period (722–420 BCE) and the time of the Warring States (480–222 CE), China was in great turmoil. Intellectuals and social reformers sifted through their wisdom and knowledge of China’s experiences up to then, attempting to find a solution to their situation. The Tao Te Ching, one of the foremost products of the era, is a metaphysical book, a source of the highest political thought. Many readers have found in it representations of the highest ideals of human endeavors. Yet given its likely oral origin and the technological limitations of its early textual transmission, the Tao Te Ching raises numerous questions related to authorship, date of origin, internal organization, textual coherence, and editorial history. Of the scores of translations of the Tao Te Ching, the great majority are based on the edition prepared by the third-century scholar Wang Pi. Wang’s profound commentary is itself a deeply influential text in the development of Taoist thought. Paul Lin presents the commentary, otherwise unavailable in English, in the form of footnotes accompanying his meticulous rendition of the Taoist classic.

Transmissibility: Writing Aesthetic History

by Jae Emerling

This book examines transmissibility to remind us why the vitality and epistemic significance of an artwork is anachronistic and futural. Transmissibility: Writing Aesthetic History performs a transdisciplinary philosophy of aesthetic history via the work of Gilles Deleuze and Félix Guattari, Cy Twombly, Marina Abramović, Paul Celan, Cecil Taylor, Italo Calvino, Candida Höfer, and others by focusing on theartistic and historiographic labor that differentiates artworks from other modes of creation.

Transmission and the Individual Remix

by Tom Mccarthy

Sub-titled "How Literature Works" this essay by the renown novelist is a provocative and entertaining work of postmodern theory that re-evaluates literature and literary meaning from Aeschylus to Kraftwerk. A VINTAGE EBOOK ORIGINAL.Tom McCarthy is one of the most vital young voices in contemporary literature, and in this essay he identifies the signals that have been repeating, pulsing, modulating in the airspace of the novel, poem, play--in their lines, between them and around them--since each of these forms began. Tom takes us back to the Greeks and the origins of literary meaning to show that information, rather than being a natural or abstract phenomenon, is always based in artificial media--in ones and zeros, dots and dashes, signals and noise. He takes us through Ovid, Rilke, Conrad, Joyce, Beckett, and others to re-imagine the very idea of what a writer does, and what the act of writing is. Rather than praising individual creative genius, Tom re-tunes our ears to the crackle of information as it has passed through the feedback loop of literary culture.

The Transmission of Affect

by Teresa Brennan

The idea that one can soak up someone else's depression or anxiety or sense the tension in a room is familiar. Indeed, phrases that capture this notion abound in the popular vernacular: "negative energy," "dumping," "you could cut the tension with a knife." The Transmission of Affect deals with the belief that the emotions and energies of one person or group can be absorbed by or can enter directly into another. The ability to borrow or share states of mind, once historically and culturally assumed, is now pathologized, as Teresa Brennan shows in relation to affective transfer in psychiatric clinics and the prevalence of psychogenic illness in contemporary life. To neglect the mechanism by which affect is transmitted, the author claims, has serious consequences for science and medical research. Brennan's theory of affect is based on constant communication between individuals and their physical and social environments. Her important book details the relationships among affect, energy, and "new maladies of the soul," including attention deficit disorder, chronic fatigue syndrome, codependency, and fibromyalgia.

The Transmission of Knowledge

by John Greco

How do we transmit or distribute knowledge, as distinct from generating or producing it? In this book John Greco examines the interpersonal relations and social structures which enable and inhibit the sharing of knowledge within and across epistemic communities. Drawing on resources from moral theory, the philosophy of language, action theory and the cognitive sciences, he considers the role of interpersonal trust in transmitting knowledge, and argues that sharing knowledge involves a kind of shared agency similar to giving a gift or passing a ball. He also explains why transmitting knowledge is easy in some social contexts, such as those involving friendship or caregiving, but impossible in contexts characterized by suspicion and competition rather than by trust and cooperation. His book explores phenomena that have been undertheorized by traditional epistemology, and throws new light on existing problems in social epistemology and the epistemology of testimony.

Transnational Civil Society and the World Bank

by Christopher L. Pallas

Transnational civil society is often seen as an important contributor to the democratization of global governance. In their engagement with the World Bank, however, transnational civil society organizations prioritize pre-existing mission over responsiveness to claimed stakeholders and undercut the authority of developing country governments.

Transnational Cosmopolitanism: Kant, Du Bois, and Justice as a Political Craft

by Inés Valdez

Based on the theoretical reconstruction of neglected post-WWI writings and political action of W. E. B. Du Bois, this volume offers a normative account of transnational cosmopolitanism. Pointing out the limitations of Kant's cosmopolitanism through a novel contextual account of Perpetual Peace, Transnational Cosmopolitanism shows how these limits remain in neo-Kantian scholarship. Inés Valdez's framework overcomes these limitations in a methodologically unique way, taking Du Bois's writings and his coalitional political action both as text that should inform our theorization and normative insights. The cosmopolitanism proposed in this work is an original contribution that questions the contemporary currency of Kant's canonical approach and enlists overlooked resources to radicalize, democratize, and transnationalize cosmopolitanism.

Transnational Histories of the 'Royal Nation'

by Milinda Banerjee Charlotte Backerra Cathleen Sarti

This book challenges existing accounts of the nineteenth and twentieth centuries in which political developments are explained in terms of the rise of the nation-state. While monarchies are often portrayed as old-fashioned - as things of the past - we argue that modern monarchies have been at the centre of nation-construction in many parts of the world. Today, roughly a quarter of states define themselves as monarchies as well as nation-states - they are Royal Nations. This is a global phenomenon. This volume interrogates the relationship between royals and 'their' nations with transnational case studies from Asia, Africa, Europe as well as South America. The seventeen contributors discuss concepts and structures, visual and performative representations, and memory cultures of modern monarchies in relation to rising nationalist movements. This book thereby analyses the worldwide significance of the Royal Nation.

Transnational Language Teacher Identities in TESOL: Identity Construction Among Female International Students in the U.S. (Routledge Research in Language Education)

by Hyesun Cho Reem Al-Samiri Junfu Gao

Drawing on Bakhtin’s notion of ideological becoming and the concepts of intersectionality and transnationalism, this volume offers a unique conceptual framework to explore and better understand the identity construction and negotiation of international TESOL students. Focusing on female graduate students studying in the U.S., the text utilizes rich narratives to illustrate how nuanced language teacher identities develop through complex dialogic processes relating to language, race, and gender—as well as migration experiences—and individuals’ integration in academic and professional communities. Ultimately, the text contests deficit reductionist views of transnational students that are implied by educational policies and administration. This text will benefit scholars, academics, and students in the fields of bilingualism, TESOL, multicultural education, and language identity more broadly. Those involved with teaching and teacher education, as well as language and culture in general, will also benefit from this book.

Transnational Legal Ordering and State Change

by Gregory Shaffer

Law can no longer be viewed through a purely national lens. Transnational legal ordering affects the boundary of the state and the market, the allocation of power among national institutions, the role of professions and their expertise, and associational patterns that provide new normative frames. This book breaks new ground for understanding the impacts of transnational legal ordering within nation-states in today's globalized world. The book addresses the different dimensions of state change at stake and the factors that determine these impacts. It brings together leading scholars from sociology and law who study the effects of transnational legal ordering within different countries. Their case studies illustrate how transnational legal ordering interacts with national law and institutions in different regulatory areas, and cover anti-money laundering, bankruptcy, competition, education, intellectual property, health, and municipal water law and policy in different countries. The book explains the extent and limits of transnational legal ordering in today's world.

Transnational LGBT Activism and UK-Based NGOs: Colonialism and Power (Global Queer Politics)

by Matthew Farmer

This book contributes an analysis of UK-based non-governmental organisations engaged in transnational lesbian, gay, bisexual, and trans (LGBT) activism, within a broader recognition of the complexities that British colonial legacies perpetuate in contemporary international relations. From this analysis, the book suggests that greater engagement with intersectional and decolonial approaches to transnational activism would allow for a more transformative solidarity that challenges the broader impacts of coloniality on LGBT people’s lives globally. Case studies are used to explore UK actors’ participation in the complexities of contemporary transnational LGBT activism, including activist responses to developments in Brunei between 2014 and 2019, and the use of LGBT aid conditionality by Western governments. Activist engagements with legacies of British colonialism are also explored, including a focus on ‘sodomy laws’ and the Commonwealth, as well as the challenges faced by LGBT people seeking asylum in the UK.

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