Search: Affective Justice: Book Symposium: A Response
14 Oct Colonial Judicial Legacy as a Latent Challenge for the Adoption of Algorithmic Sentencing in African Courts
...from the source of justice. More importantly, the African criminal justice system was hinged on certain religious beliefs. There was a strong faith in supernatural participation in the adjudication process which deterred judges from serving corrupt justice. For instance, among the people of southeastern Nigeria, the Arochukwu god “Ibini Ukpabi” was feared and respected as a true justice-dispensing god. Similar gods of justice, like Shango and Ogun, were worshipped by the Yoruba people of southwestern Nigeria. There existed the fear of earthly and nirvana punishments for those who violated societal...05 Jul LJIL Symposium Vol 25-2: Fairness in International Environmental Law – Against Fairness? A Response to Mickelson and Posner
emitting nations. Posner’s work is thus not hypocritical in the way that conventional IEL can be. It is, however, political (we do not regard this as a bad thing) and in our view serves the same Western interests that the IEL discipline generally serves, only more blatantly. From a substantive point of view, Posner’s response reiterates the central argument of Climate Change Justice, i.e. that climate change and justice should be delinked because the justice debate ‘muddies’ the already troubled waters of climate negotiations and because endless qualms about fairness...29 Sep The Fallacy of Sequencing Peace and Justice
rigid and harshly dichotomous “peace versus justice” debate. The argument is attractive because it represents an attempt to find ground between the polarizing views that there is “no peace without justice” and “there is no justice without peace.” While the sequencing argument is closer to the latter in suggesting that justice may have to follow peace it largely acknowledges that justice is necessary in the long term. Unlike scholars of a realist bent who are sceptical of any attempt to achieve justice in conflict and post-conflict contexts, the point is...
16 Feb I Beg Your Pardon: Two Lessons from/for America’s Worst Days
...(among them Marxen 1984, 38; Cassel 1996, 219; Slye, 2002, 240; Ambos 2009, 51; Maiello 2007, 419; Mañalich 2010, 24; with a distinction between conditional and blanket self-amnesties, Sarkin 2017). Second lesson: We still need transitional justice This brings me to the second lesson. As some scholars already affirmed (McGovern 2020; Murphy 2021; Lollini 2021), the polarized American society might benefit from the establishment of transitional justice mechanisms. Twenty-one years after Ruti Teitel’s renowned book Transitional Justice (see the recent Symposium), transitional justice is no longer considered an alternative to...07 Nov When Does Justice Scalia Love International and Foreign Laws?
interested in whether my analysis holds up descriptively. Is it convincing, or does the more traditional doctrinal distinction carry greater weight? Or, perhaps there’s another unarticulated explanation for Justice Scalia’s views? Chief Justice Roberts and Justice Alito expressed their own disdain for using international and foreign law in the constitutional context in their confirmation hearings and other justices have expressed similar hostility (e.g., Thomas). Thus, I’d think it’s important to explain Justice Scalia’s overarching method here in order to appreciate whether it will have wider appeal within the Court in...12 Nov NYU JILP Symposium: Globalizing Transitional Justice
of memory and justice seems too sharp. To some extent, the article hearkens back to an earlier period of transitional justice; the post-Cold War 1990’s when states seemed to be in control of their transitional justice processes and could elevate the needs of the people over abstract universal demands of justice. But is this view relevant given contemporary developments; such as the globalization of transitional justice. Given the many other actors and institutions which are now involved in these processes I wonder about notion of a goal of arriving at...
03 Nov Genocide at The Hague: A Transitional Justice Reckoning?
public trust. While legal institutions must operate within jurisdictional constraints, meaningful truth-telling and durable reconciliation require confronting the full spectrum of atrocities across all parties to a conflict. 6. When Justice Crowds Out Justice In the field of TJ, it is often said that “some justice is better than none.” But when international legal strategies dominate the field of response to atrocity, we must ask: what is the opportunity cost? Genocide litigation at the ICJ, while symbolically powerful, can divert political and institutional energy toward legal outcomes at the expense...
19 Jan Islamic Law and Climate Justice
...climate justice. Traditional concepts of guardianship over the earth combined with recognition of the need to serve the interests of society offer great scope for the incorporation of climate justice into Islamic law and policy. The Islamic Declaration on Climate Change shows there is at least some desire to legitimize climate justice as being a necessary component to Islamic law, while the fatwas from the MUI offer an example of how the intersection between environmental issues and social justice can be deployed in practice. Given that climate justice remains such...