On coming to terms with the past: which justice to come for a post-criminal state society?

dc.contributor.advisor Darcy, Shane
dc.contributor.author Petrone, Laurence
dc.date.accessioned 2020-04-08T07:34:08Z
dc.date.available 2020-04-08T07:34:08Z
dc.date.issued 2010
dc.description Second semester University: National University of Ireland, Galway en_US
dc.description.abstract In coming to an answer how a society can come to terms with a past where human rights violations were inherently part of the state system, this research suggests that a comprehensive transitional justice approach with different mechanisms to address wrongdoing is imperative and should include a differentiated notion of guilt and a differentiated profile of the protagonists involved by commission, omission, or submission. This research focuses on the complex reality entailed by a ‘criminal state’. The latter is characterised by different agents embodied by individual as well as collective units. Coming to terms with a past entailing these agents, requires a shortand long-term strategy to address the wide range of agents entailed in different degrees of responsibility. In an abstract sense this research states that an action induced by a complex reality necessitates an equally differentiated reaction. As a consequence this research is contributed to the appeal made by Laurel Fletcher to contemplate the impact and/or (in)effectiveness of post-conflict mechanisms to address past wrongs. An analysis of a ‘criminal state’ is followed by a critical assessment of the mechanisms of transitional justice as they are conceptualised today. The research is concluded with the analysis of two test cases exemplifying system guilt, viz. post-Nazi West-Germany and post-apartheid South Africa. en_US
dc.identifier.uri http://hdl.handle.net/20.500.11825/1181
dc.identifier.uri http://dx.doi.org/10.25330/87
dc.language.iso en en_US
dc.relation.ispartofseries EMA theses 2009/2010;62
dc.subject apartheid en_US
dc.subject South Africa en_US
dc.subject criminal justice en_US
dc.subject nazism en_US
dc.subject Germany en_US
dc.subject state responsibility en_US
dc.subject transitional justice en_US
dc.title On coming to terms with the past: which justice to come for a post-criminal state society? en_US
dc.type Thesis en_US
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