“The Justice of My Cause Is Clear, but There’s Politics to Fear”: Political Trials in Theory and History

Meierhenrich, Jens; Pendas, Devin O.

doi:10.1017/9781139941631.001

Cited by 5 publications

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“… 4. Although we acknowledge that TJ trials have an irreducible political significance as they are intimately connected to the transition between two often radically different political orders, we share the analytical perspective of several scholars in the field who have argued that the procedural and symbolical similarities of TJ trials with ordinary justice processes render them amenable to be studied with the same analytical tools (e.g., Elster, 1998, p. 48; Gibson, 2002; Posner & Vermeule, 2004; see also Meierhenrich & Pendas, 2018, pp. 28-48). …”

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confidence: 66%

Democracy and Retribution: Transitional Justice and Regime Support in Postwar West Germany

Capoccia

Pop-Eleches

2019

Comparative Political Studies

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How harshly should perpetrators of past abuses be punished, to reinforce the legitimacy of a new democracy? Drawing on sociopsychological theories, we hypothesize that prodemocratic mass attitudes are favored by the perception that defendants in transitional justice trials have been punished in a way that is morally proportional to their offenses. This perception is shaped by the social categorization of defendants and the opinions about the certainty of their guilt that predominate in the mass public. When defendants are largely seen as co-ethnics and their guilt is contested, like in the West German case, prodemocratic attitudes are likely to be strengthened by lighter punishments and undermined by harsher sanctions. The analysis of subnational variation in patterns of punishment in postwar West Germany confirms this hypothesis and shows that these attitudinal effects persist in the medium term. Our findings have implications for research on transitional justice and democratization.

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confidence: 66%

Democracy and Retribution: Transitional Justice and Regime Support in Postwar West Germany

Capoccia

Pop-Eleches

2019

Comparative Political Studies

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“…The article utilizes the framework of analysis developed by Jens Meierhenrich and Devin O. Pendas (2016) for political trials, and differentiates the "practices" of court cases at hand from their "purposes." Practices of judicialized repression center around how the courts operate, and are composed of three mutually explanatory elements, which shape this operation in an intertwined way: power, procedure, and performance.…”

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confidence: 99%

The Last Two Decades of Civil-Military Relations in Turkey Under the Shadow of Courts

Kaynar¹

2022

ejts

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Orientalism and the Transitional Justice Imaginary in Asia

Hinton

2023

The Oxford Handbook of Transitional Justice

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This chapter explores the key concepts of Orientalism and the transitional justice imaginary in Asia. It considers the notion that transitional justice has been informed by Orientalist assumptions and structural power ranging from histories of colonialism to geopolitics. Moreover, the transitional justice imaginary is variably invoked depending on the person, time, and context while having a loose structure focused on its core assumption of a teleological transformation from authoritarianism to liberal democracy and a set of secondary assumptions. The chapter explains that Asia, where transitional justice doppelgängers are widespread, sits uneasily in these genealogies. One way to avoid the pitfalls of Orientalist transitional justice, the chapter concludes, is to take a more dynamic phenomenological approach that takes into account lived experience and the complex cultural landscapes in which transitional justice is enacted.

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“The Justice of My Cause Is Clear, but There’s Politics to Fear”: Political Trials in Theory and History

Cited by 5 publications

References 57 publications

Democracy and Retribution: Transitional Justice and Regime Support in Postwar West Germany

Democracy and Retribution: Transitional Justice and Regime Support in Postwar West Germany

The Last Two Decades of Civil-Military Relations in Turkey Under the Shadow of Courts

Orientalism and the Transitional Justice Imaginary in Asia

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