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Transitional JusticeNOMOS LI$
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Melissa S. Williams, Rosemary Nagy, and Jon Elster

Print publication date: 2012

Print ISBN-13: 9780814794661

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814794661.001.0001

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Forms of Transitional Justice

Forms of Transitional Justice

(p.98) 3 Forms of Transitional Justice
Transitional Justice

Jeremy Webber

NYU Press

This chapter focuses on the three forms of justice—the retrospective (backward-looking), the prospective (forward-looking), and the adjustment of contending legal and political orders. These forms address problems that are central to many discussions of transitional justice: firstly, the prescription of claims (period after which new rights are obtained and original rights are lost through adverse possession, and the period after which claims are barred by statutes of limitations); secondly, the problem of inter-temporal judgment (what legal standards should be applied to events that occurred in a different time under a different regime); and lastly the issues of institutional competence and institutional innovation. The three carry dispositions with respect to those questions, but one still needs to consider, in a particular case, how the content of the three forms should be defined and balanced appropriately.

Keywords:   retrospective justice, prospective justice, transitional justice, inter-temporal judgment, institutional competence, institutional innovation

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