Search results

Towards a re-thinking of legal justice in transitional justice contexts
María del Rosario Acosta López

The violence of the law, its unavoidability and its foundational character, becomes one of the main features pointed out by a philosophical critical engagement with the sphere of right. The expression "transitional justice" points, not only to the transitional form that legal justice attains in such a context, but also to the fact that justice itself is also in transition, and with it the sphere of law, as its requirement and justification. Transitional justice processes bring to light more than ever the incapacity of the law to provide retribution for the quality and sometimes the sheer quantity of the harms that are to be addressed by the legal process. Christoph Menke sees in law's self-reflective capacity the potentiality of the law to judge differently while being sustained by the very same operation that makes its violence unavoidable.

in Law and violence