Search: Affective Justice: Book Symposium: A Response

Hans Kelsen pointed out that “the most illustrious thinkers have failed” to answer the question of what absolute justice for which “[hu]mankind is longing” is (p. 24).  He then concluded: “I must acquiesce in a relative justice and I can only say what justice is to me… justice, to me, is that social order under whose protection the search for truth can prosper. ‘My’ justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance.” Therefore, before and above the question of the...

[Mark Goodale is Professor of Cultural and Social Anthropology and Director of the Laboratory of Cultural and Social Anthropology (LACS) at the University of Lausanne and also Series Editor of Stanford Studies in Human Rights. This is the latest post in our symposium on Kamari Maxine Clarke’s book, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback.] Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against...

a useful staring point in thinking about international justice. Aksenova does not argue, however, that perception is neutral. Our perception is influenced and mediated by contexts, power, language and culture. The book presents perception as an attitude that invites openness and reflection. Aksenova argues that the problem with international justice is not its “pluralistic discourses but rather the lack of self-reflection.”   Aksenova presents the concept of International justice 2.0, a reimagined form of international justice that could respond to the perceived failures in existing systems, which are fragmented, rigidly positivist...

President wants the Chief Justice replaced. One of the counsels of the Faculty is closely related to the President while another is an appointee ? No wonder there is call for resignation of all justices because that would please the incumbent President, and consequently counsels engaged in behavior that elicited a show cause order for contempt. If counsels invoke freedom to criticize, so do I. The attacks calling for the resignation of ALL justices and for the impeachment of these justices is destroying a vital institution of the country. Let...

...the choice of approach to global justice attracted some criticism by commentators. While Mohsen al-Attar argues that my book is both theoretically and methodically valuable for TWAIL, he also sees several shortcomings in particular with regard to its “Eurocentric tendencies” on approaches to global justice. Among the many important points raised, I limit myself to reflecting on two issues: My use of TWAIL and how it advanced my scholarship (as asked for explicitly by Mohsen) and the perceived neglect of post-colonial and distributional critiques of international economic law. TWAIL strongly...

courts, commissions of inquiries, prosecutions, and trial verdicts at the heart of the justice agenda, obscures the troubling aspects and outcomes, and the normative foundations of “international justice.” Norms and institutions are perverted in the pursuit of narrow interests, at the detriment of “justice for victims.” Ultimately, the story of hope and progress that international criminal justice tells itself may indeed just be reflective of, what  Mégret termed “the feeling that the [ICC]’s ultimate constituency is nothing but itself.”  Maybe someday the Court will revisit its “archive of teleology and...

sense. Colleen Murphy considers the line between transitional justice and everyday justice or injustice; transitional justice raises hard cases that any general theory of justice may also have to address. Dany Celermajer raises issues about the time frame of transitions and the implications for transitional justice, as does Manal Totry -Jubran. I wrote Transitional Justice in the context of dramatic regime changes, at the time appearing to be decisive and in bold strokes-from authoritarianism to democracy, crudely or broadly speaking. But could political transition be a long process of nevertheless...

force for dialogue grounded in empathy and emotional intelligence. He integrates aesthetic journeys in teaching international law to elucidate the – often hidden – emotive dimension of the field. Students grapple with the message of universality via distinct educational channels. This gives additional moral weight to traditional legal texts and judgements. The Book’s Ambition in a Nutshell I will offer some responses to the authors in the final post for the symposium. In lieu of conclusions here, I would like to briefly summarize the core ambition of the book. My...

organizing and hosting this symposium. I am delighted that such a fantastic team of commentators has agreed to contribute, including new voices and authors who have shaped the field or inspired the very idea of this book. Justice as Message started originally as a project about justifications of international criminal justice, which was part of habilitation process at  Humboldt University’s Faculty of Law. It was gradually trimmed down to its core, namely an explanation of the various ways in which norms, institutions and agents convey social meaning and speak or...

[Dire Tladi is a Professor of International Law, at the University of Pretoria, a member of UN International Law Commission and its Special Rapporteur on Peremptory Norms of General International Law (Jus Cogens).] I am grateful to Jennifer for inviting me to contribute to this symposium on her book Existing Limits to Security Council Veto Power in the Face of Atrocity Crimes. When she first asked me to participate in the symposium in August of this year, my response to her was: “I took a while to respond because I...

...therefore not fail to be of benefit to scholars of international law generally, international criminal law and African studies. The monograph is arranged in a unique manner. From a section on Regimes of International Criminal Justice; States of Justice; Outsourcing Justice; the International Politics of Justice; The Limits of State Cooperation; The Court Is the Political Arena; to International Justice in a World of States, the author does an excellent job on flow and chronology. Each of these chapters engages with the scholarly literature and debates on the four themes...

the power of its authority in the cooperation of state parties. Yet, empirical scrutiny reveals an absence of traditional mechanisms of force and sovereign power, which renders the study of the ICC’s force so fascinating. It is also this absence in African circuits that makes various Pan-Africanist responses critical to understand. In weighing various Pan-Africanist responses, we sense there is something else at play that Affective Justice seeks to uncover and illuminate. When I began fieldwork for Affective Justice in 2012, I was building on more than a decade of...