Description
Book Synopsis: In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II.
This book challenges the “legalist” paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-“prudentialism”-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide.
Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
Details
Looking for a thought-provoking and insightful read? Look no further than "US Law & Policy Trans Justice P" by Zachary D. Kaufman. This comprehensive book examines the United States government's stance on transitional justice institutions, providing a unique perspective on why and how certain options are pursued. With Kaufman's alternative theory of "prudentialism," this book challenges the traditional notion that liberal states solely pursue war crimes tribunals due to a commitment to the rule of law. Instead, it uncovers the intricate balancing act of politics, pragmatics, and normative beliefs that shape transitional justice policy. This groundbreaking analysis sheds new light on the United States' approach to international justice and is a must-read for anyone interested in law, politics, and human rights.
By diving deep into six historical case studies, Kaufman reveals the complex decision-making process behind transitional justice. From post-World War II Germany and Japan to the Rwandan genocide, each context highlights the influence of political and pragmatic factors on U.S. policy. This book lifts the veil on the subjective nature of transitional justice, disproving the notion that strict adherence to certain principles alone drives government actions. Whether you're a legal scholar, a student of history, or simply seeking an engaging read, "US Law & Policy Trans Justice P" offers a fresh perspective that challenges conventional wisdom.
With its rich analysis and thought-provoking arguments, "US Law & Policy Trans Justice P" is a game-changer in the field of transitional justice. This book cuts through the noise and presents a compelling case for the superiority of prudentialism over legalism in policymaking. Kaufman's meticulous research coupled with his accessible writing style makes this an enjoyable and enlightening read for both experts and enthusiasts alike.
Ready to delve into the world of transitional justice? Discover the compelling insights of "US Law & Policy Trans Justice P" today. Gain a deep understanding of the United States' approach to war crimes tribunals and uncover the complex interplay of politics, pragmatics, and normative beliefs. Don't miss out on this opportunity to expand your knowledge and challenge your perspectives. Click here to get your copy now!
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