ther comparative aspects were explored at the Seventeenth Annual German Studies Association, where I presented "Justice in Transition in Unified Germany." Study of the postwar precedents was nurtured in numerous symposia I helped to convene over the years at Boston College Law School, under the auspices of the Holocaust-Human Rights Research Project, as well as at New York Law School.

I spent my sabbatical as Senior Schell Fellow at Yale Law School, where I taught a seminar on the book and benefited from discussions both inside and outside class.

Various portions of this book were presented at Yale Law School's Faculty Workshop, as well as workshops at Boston College Law School, Cardozo Law School, Columbia University Law School, University of Connecticut Law School, Cornell Law School, New York Law School, and University of Michigan Law School. Portions of the concluding chapter were presented at the New York University Political Theory Workshop. Portions of the constitutional justice chapter were discussed at the Georgetown University Law School Biennial Constitutional Law Discussion Group ( 1995). At the American Philosophical Association's Eastern Division meeting ( 1996), I was a participant on a panel entitled "Justice, Amnesties, and Truth-Tellings." Some of the issues in the criminal justice chapter were presented in an endowed lecture I was invited to give at the University of Frankfurt ( January 1998). Portions of the criminal justice chapter concerning East Europe were presented at the American Association of International Law annual meeting ( April 1998). Portions concerning criminal justice and clemency were presented at a workshop at the University of Edinburgh ( June 1998).

Many colleagues and friends have been helpful in giving valuable comments, advice, and encouragement in this book project. First, my thanks to my editors at Oxford. My gratitude to Jack Balkin, Robert Burt, Paul Dubinsky, Stephen Ellmann, Owen Fiss, John Ferejohn, George Fletcher, Richard Friedman, Ryan Goodman, Robert Gordon, Derek Jinks, Paul Kahn, Harold Koh, Bill Lapiana, Larry Lessig, Tim Lytton, Jack Rakove, Andrzej Rapacynski, Michel Rosenfeld, András Sajó, Marcelo Sancinetti, Peter Schuck, Tony Sebok, Richard Sherwin, Suzanne Stone, Ariel Teitel, and two anonymous reviewers. Special thanks to Zoe Hilden and Jonathan Stein for their very helpful advice and editorial suggestions. I am most grateful for the support of Dean Harry Wellington at my home institution, New York Law School, and Dean Anthony Kronman at Yale Law School. My thanks to a number of constitutional court justices for their generosity in contributing to my research: Vojtech Cepl, Lech Garlicki, Dieter Grimm, Richard Goldstone, and Laszlo Solyum. I am grateful to the students of human rights in transitional regimes at New York and Yale Law Schools for helpful discussion of many of the ideas here. I am indebted to Camille Broussard of the New York Law School Library and to research assistants at both New York and Yale Law Schools, including Dana Wolpert, Sabrina Bagdasarian, Federica Bisone, Jayni Edelstein, Jonathan Holub, Jessica LaMarche, Karen Owen, and Naveen Rahman, for help in the research of this book.

-viii-

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Transitional Justice
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xi
  • Introduction 3
  • Chapter One - the Rule of Law in Transition 11
  • Chapter Two - Criminal Justice 27
  • Chapter Three - Historical Justice 69
  • Chapter Four - Reparatory Justice 119
  • Chapter Five - Administrative Justice 149
  • Chapter Six - Constitutional Justice 191
  • Chapter Seven - Toward a Theory of Transitional Justice 213
  • Epilogue 229
  • Notes 231
  • Index 285
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