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Redressing Social Inequality through Transitional Justice

By questioning whether addressing social inequality can be considered a form of transitional justice, this dissertation leads a critical discussion on the assumptions of traditional or narrow understandings of transitional justice, how these obscure the potential for transitional justice to tackle i...

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Main Author: Venter, Ben-Joop
Other Authors: Scanlon, Helen
Format: Thesis
Language:English
Published: Department of Political Studies 2019
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access_status_str Open Access
author Venter, Ben-Joop
author2 Scanlon, Helen
author_browse Scanlon, Helen
Venter, Ben-Joop
author_facet Scanlon, Helen
Venter, Ben-Joop
author_sort Venter, Ben-Joop
collection Thesis
description By questioning whether addressing social inequality can be considered a form of transitional justice, this dissertation leads a critical discussion on the assumptions of traditional or narrow understandings of transitional justice, how these obscure the potential for transitional justice to tackle issues of economic and social rights violations, social inequality and other forms of structural violence, and the need for a broad understanding of transitional justice and its key components. This dissertation addresses the historical and political roots of the field and how these influenced a traditional understanding of transitional justice. Thereafter, it traces broadening understandings of the concept, evident in the changing meanings of 'justice’ and 'transition’ and its stated aims. It then considers calls for transitional justice to go beyond its focus on civil and political rights violations and to further address economic and social rights violations and structural violence, and how these challenge the traditional understanding of the concept. Drawing on the distinction between a concept and a conception, and considering transitional justice as an effectively contestable concept, this dissertation proposes a broad understanding of the concept as the pursuit of justice during a period of social or political transition in order to address past injustices and to work towards certain aspirations for the future, comprising of the key components of justice, transition, and backwards- and forwards-looking considerations. With a primary focus on criminal and restorative justice, civil and political rights, and trials and truth commissions, the traditional conception of transitional justice is ill-equipped both conceptually and practically to address issues of structural violence. Instead, a conception of transitional justice motivated by social or distributive justice is best suited to address social inequality and other forms of structural violence. Finally, this dissertation considers revolutionary Nicaragua’s attempts to redress social inequality in the areas of health, education and housing as an example of transitional justice. It is concluded that revolutionary Nicaragua’s concerted effort to address social inequality should be considered as a conception of transitional justice inspired by social and distributive justice. With growing calls for transitional justice to go beyond its traditional focus on criminal and restorative justice, scholars and practitioners stand to learn from previously overlooked examples of societies in transition tackling issues of social inequality and other forms of structural violence as a matter of transitional justice.
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spelling oai:open.uct.ac.za:11427/30515 Redressing Social Inequality through Transitional Justice Venter, Ben-Joop Scanlon, Helen By questioning whether addressing social inequality can be considered a form of transitional justice, this dissertation leads a critical discussion on the assumptions of traditional or narrow understandings of transitional justice, how these obscure the potential for transitional justice to tackle issues of economic and social rights violations, social inequality and other forms of structural violence, and the need for a broad understanding of transitional justice and its key components. This dissertation addresses the historical and political roots of the field and how these influenced a traditional understanding of transitional justice. Thereafter, it traces broadening understandings of the concept, evident in the changing meanings of 'justice’ and 'transition’ and its stated aims. It then considers calls for transitional justice to go beyond its focus on civil and political rights violations and to further address economic and social rights violations and structural violence, and how these challenge the traditional understanding of the concept. Drawing on the distinction between a concept and a conception, and considering transitional justice as an effectively contestable concept, this dissertation proposes a broad understanding of the concept as the pursuit of justice during a period of social or political transition in order to address past injustices and to work towards certain aspirations for the future, comprising of the key components of justice, transition, and backwards- and forwards-looking considerations. With a primary focus on criminal and restorative justice, civil and political rights, and trials and truth commissions, the traditional conception of transitional justice is ill-equipped both conceptually and practically to address issues of structural violence. Instead, a conception of transitional justice motivated by social or distributive justice is best suited to address social inequality and other forms of structural violence. Finally, this dissertation considers revolutionary Nicaragua’s attempts to redress social inequality in the areas of health, education and housing as an example of transitional justice. It is concluded that revolutionary Nicaragua’s concerted effort to address social inequality should be considered as a conception of transitional justice inspired by social and distributive justice. With growing calls for transitional justice to go beyond its traditional focus on criminal and restorative justice, scholars and practitioners stand to learn from previously overlooked examples of societies in transition tackling issues of social inequality and other forms of structural violence as a matter of transitional justice. 2019-08-26T09:31:36Z 2019-08-26T09:31:36Z 2019 2019-08-26T08:29:31Z Master Thesis Masters Master of Philosophy http://hdl.handle.net/11427/30515 eng application/pdf Department of Political Studies Faculty of Humanities
spellingShingle Venter, Ben-Joop
Redressing Social Inequality through Transitional Justice
thesis_degree_str Master's
title Redressing Social Inequality through Transitional Justice
title_full Redressing Social Inequality through Transitional Justice
title_fullStr Redressing Social Inequality through Transitional Justice
title_full_unstemmed Redressing Social Inequality through Transitional Justice
title_short Redressing Social Inequality through Transitional Justice
title_sort redressing social inequality through transitional justice
url http://hdl.handle.net/11427/30515
work_keys_str_mv AT venterbenjoop redressingsocialinequalitythroughtransitionaljustice