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The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission
Transitional justice methodology has emerged as an alternative to traditional retributive justice schemes when political transitions necessitate an accounting for human rights violations during prior regimes. As regimes move from illiberal to liberal, post-transition justice methodology has develope...
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| Format: | Thesis |
| Language: | English |
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Centre for Law and Society
2023
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| _version_ | 1867613288428208128 |
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| access_status_str | Open Access |
| author | Duffy, Jerrob |
| author_browse | Duffy, Jerrob |
| author_facet | Duffy, Jerrob |
| author_sort | Duffy, Jerrob |
| collection | Thesis |
| description | Transitional justice methodology has emerged as an alternative to traditional retributive justice schemes when political transitions necessitate an accounting for human rights violations during prior regimes. As regimes move from illiberal to liberal, post-transition justice methodology has developed from the restorative justice model to engender truth and reconciliation. These normative concepts have evolved into a policy of creating truth and reconciliation commissions that trade civil and criminal amnesty with applicants in exchange for information. This bargained-for exchange can be analysed as an imperfect information game, where the commission attempts to maximise information(truth) while the applicant seeks amnesty for the lowest possible price. The game is similar to other bargaining games in law and economics, specifically plea-bargaining and bid-rigging during government auctions. Applying lessons learned from these problems, and employing game-theoretic analysis, this dissertation analyses the Truth-Amnesty game and puts it squarely within the law and economics framework. The analysis demonstrates that to maximise information gathering given the truth-reconciliation trade-off lexicographic ordering leads to an optimal Commission strategy. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38476 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:45.686Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38476 The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission Duffy, Jerrob law Transitional justice methodology has emerged as an alternative to traditional retributive justice schemes when political transitions necessitate an accounting for human rights violations during prior regimes. As regimes move from illiberal to liberal, post-transition justice methodology has developed from the restorative justice model to engender truth and reconciliation. These normative concepts have evolved into a policy of creating truth and reconciliation commissions that trade civil and criminal amnesty with applicants in exchange for information. This bargained-for exchange can be analysed as an imperfect information game, where the commission attempts to maximise information(truth) while the applicant seeks amnesty for the lowest possible price. The game is similar to other bargaining games in law and economics, specifically plea-bargaining and bid-rigging during government auctions. Applying lessons learned from these problems, and employing game-theoretic analysis, this dissertation analyses the Truth-Amnesty game and puts it squarely within the law and economics framework. The analysis demonstrates that to maximise information gathering given the truth-reconciliation trade-off lexicographic ordering leads to an optimal Commission strategy. 2023-09-08T13:14:11Z 2023-09-08T13:14:11Z 1999 2023-09-08T13:13:53Z Master Thesis Masters LLM http://hdl.handle.net/11427/38476 eng application/pdf Centre for Law and Society Faculty of Law |
| spellingShingle | law Duffy, Jerrob The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission |
| thesis_degree_str | Master's |
| title | The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission |
| title_full | The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission |
| title_fullStr | The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission |
| title_full_unstemmed | The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission |
| title_short | The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission |
| title_sort | law and economics of bargaining an examination of the bargaining model employed by south africa s truth and reconciliation commission |
| topic | law |
| url | http://hdl.handle.net/11427/38476 |
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