Notes

Preface
1.
See Ruti Teitel, "How Are the New Democracies of the Southern Cone Dealing with the Legacy of Past Human Rights Abuses?" (paper prepared for Council on Foreign Relations New York, N.Y., May 17, 1990)

Introduction
1.
Works that move beyond the case study or regional approach often confine themselves to a particular historical moment. See, e.g., John Herz, ed., From Dictatorship to Democracy: Coping with the Legacies of Authoritarianism and Totalitarianism ( Westport, Conn.: Greenwood Press, 1982) (focusing on postwar period). For the classic inquiry into the question of political justice, see Otto Kirchheimer, Political Justice: The Use of Legal Procedure for Political Ends ( Westport, Conn.: Greenwood Press, 1980).
2.
See Bruce A. Ackerman, The Future of Liberal Revolution ( New Haven: Yale University Press, 1992); Carlos Santiago Nino, Radical Evil on Trial ( New Haven: Yale University Press, 1996); John Herz, "An Historical Perspective," in State Crimes: Punishment or Pardon, ed. Alice H. Henkin ( Queenstown, Md.: Aspen Institute, 1989). For comparative approaches, see the essays collected in Guillermo O'Donnell et al., eds. Transitions from Authoritarian Rule: Comparative Perspectives, ( Baltimore: Johns Hopkins University Press, 1986). See also Juan J. Linz and Alfred Stepan, Problems of Democratic Transition and Consolidation: Southern Europe, South America, and Post- Communist Europe ( Baltimore: Johns Hopkins University Press, 1996) (exploring processes of transition and consolidation from comparative perspective). See, e.g., Jaime Malamud-Goti, "Transitional Governments in the Breach: Why Punish State Criminals?" Human Rights Quarterly 12, NO. 1 ( 1990): 1-16.
3.
Charles R. Beitz, Political Theory and International Relations ( Princeton: Princeton University Press, 1979), 15-66; R. B. J. Walker, Inside/Outside: International Relations as Political Theory ( Cambridge: Cambridge University Press, 1993), 123-24. For sound summaries of the realist school in international theory, see John H. Herz, Political Realism and Political Idealism ( Chicago: Chicago University Press, 1951);

-231-

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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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