Abstract / Description of output
This paper seeks to contribute to the field of transitional justice by
adding new insights about the role that trials of victimizers can play within
democratization processes. The main argument is that criminal proceedings
affirming the value of equal respect and concern for both victims and abusers
can contribute to the socialization of citizens’ politically relevant emotions. More
precisely, using law constructively to engage public resentment and indignation can
be successful to the extent that legality is not sacrificed. In order to locate this
argument within the rich literature on the pedagogical functions of transitional
trials this paper enters a dialogue with three emblematic texts. Lawrence Douglas’s
narrative jurisprudence approach, Judith Shklar’s critique of the limits of legalism,
and Marc Osiel’s interest in ‘discursive solidarity’ represent starting points for a
more complex conceptualization of the relationship between democracy, law and
emotional education within transformational periods.
Original language | English |
---|---|
Pages (from-to) | 111-131 |
Number of pages | 21 |
Journal | Oxford Journal of Legal Studies |
Volume | 31 |
Issue number | 1 |
DOIs | |
Publication status | E-pub ahead of print - 23 Dec 2010 |
Keywords / Materials (for Non-textual outputs)
- transitional justice, criminal trials, emotions