Negative Emotions and Transitional Justice

Author:   Mihaela Mihai
Publisher:   Columbia University Press
ISBN:  

9780231176507


Pages:   240
Publication Date:   22 March 2016
Format:   Hardback
Availability:   Out of stock   Availability explained
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Negative Emotions and Transitional Justice


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Overview

Vehement resentment and indignation are pervasive in societies emerging from dictatorship or civil conflict. How can institutions channel these emotions without undermining the prospects for democracy? Emphasizing the need to recognize and constructively engage negative public emotions, Mihaela Mihai contributes theoretically and practically to the growing field of transitional justice. Drawing on an extensive philosophical literature and case studies of democratic transitions in South Africa, South America, and Eastern Europe, her book rescues negative emotions from their bad reputation and highlights the obstacles and the opportunities such emotions create for democracy. By valorizing negative emotions, either through the judicial review of transitional justice bills or the criminal trials of victimizers, institutions realize the value of respect and concern for all while contributing to a culture that is hospitable to democracy.

Full Product Details

Author:   Mihaela Mihai
Publisher:   Columbia University Press
Imprint:   Columbia University Press
Dimensions:   Width: 15.20cm , Height: 2.30cm , Length: 22.90cm
Weight:   0.454kg
ISBN:  

9780231176507


ISBN 10:   0231176503
Pages:   240
Publication Date:   22 March 2016
Audience:   General/trade ,  College/higher education ,  General ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.
Language:   English

Table of Contents

Acknowledgments Introduction: The Problem 1. Transitional Justice: Optional or Imperative? 2. Theorizing Resentment and Indignation 3. Enabling Emotional Responsibility I: Judicial Review of Transitional Justice Legislation 4. Enabling Emotional Responsibility II: Criminal Trials in Democratic Transitions Conclusions Notes Bibliography Index

Reviews

Negative Emotions and Transitional Justice is a welcome, serious, and well-researched contribution to our scholarly understanding of the role of emotions in relation to important political trials. Mihai connects the threads between previously unrelated clusters of theory - on justice, emotions, judgment, and democracy. This book brings a new theoretical sophistication to the field of transitional justice studies. -- Thomas Brudholm, Associate Professor at the University of Copenhagen, author of Resentment's Virtue Mihaela Mhiai skillfully maps the contours of the debate about the role domestic and international courts--and particularly judges--should or should not play in the development of democratic institutions in post-conflict societies. She argues convincingly that, if done correctly, courts can help balance the twin imperative of recognizing past harms and promoting a culture of respect for the rights of others. This is an important, thought-provoking book on an inordinately complex subject. -- Eric Stover, University of California, Berkeley Democratic socialization of emotions is scarcely touched in the swelling tide of writings on transitional justice. Mihai constructs an extraordinarily clear map of the boundaries of legitimate resentment and indignation against prior injustice and then shows how judicial decisions can be exemplary in demonstrating the right roles for these fitting but volatile emotions within a democratic order. -- Margaret Urban Walker, Donald J. Schuenke Chair in Philosophy, Marquette University


Negative Emotions and Transitional Justice is a welcome, serious, and well-researched contribution to our scholarly understanding of the role of emotions in relation to important political trials. Mihai connects the threads between previously unrelated clusters of theory - on justice, emotions, judgment, and democracy. This book brings a new theoretical sophistication to the field of transitional justice studies. -- Thomas Brudholm, Associate Professor at the University of Copenhagen, author of Resentment's Virtue


Negative Emotions and Transitional Justice is a welcome, serious, and well-researched contribution to our scholarly understanding of the role of emotions in relation to important political trials. Mihai connects the threads between previously unrelated clusters of theory - on justice, emotions, judgment, and democracy. This book brings a new theoretical sophistication to the field of transitional justice studies. -- Thomas Brudholm, Associate Professor at the University of Copenhagen, author of Resentment's Virtue Mihaela Mhiai skillfully maps the contours of the debate about the role domestic and international courts-and particularly judges-should or should not play in the development of democratic institutions in post-conflict societies. She argues convincingly that, if done correctly, courts can help balance the twin imperative of recognizing past harms and promoting a culture of respect for the rights of others. This is an important, thought-provoking book on an inordinately complex subject. -- Eric Stover, University of California, Berkeley Democratic socialization of emotions is scarcely touched in the swelling tide of writings on transitional justice. Mihai constructs an extraordinarily clear map of the boundaries of legitimate resentment and indignation against prior injustice and then shows how judicial decisions can be exemplary in demonstrating the right roles for these fitting but volatile emotions within a democratic order. -- Margaret Urban Walker, Donald J. Schuenke Chair in Philosophy, Marquette University Taking seriously Martha Nussbaum's admonishment of a history of political philosophy that has sidelined the role of emotions in ethical reasoning, Mihai asks what role the negative emotions of resentment and indignation that histories of systematic violation inevitably leave in their wake ought to play in establishing polities that are democratic and just. In the best tradition of political philosophy, she stands on the shoulders of giants such as Hannah Arendt, Ronald Dworkin and Judith Shklar to think through pressing contemporary normative and institutional questions about the nature, conditions and practices of judgment as one of the pillars of democratic consolidation. Then, intelligently drawing on both new scholarship on the emotions and contemporary cases of transitional justice, she reaches beyond those thinkers to consider how democratising societies can respond to and draw on the ethical judgments that such negative emotions carry, at the same time as performing and consolidating the principles of a society that treats all as equals. Tempering her vision of what might be possible with the realism of institutional, political and cultural constraints, Mihai has achieved an original and important contribution to both theories and practices of transitional justice. -- Danielle Celermajer, University of Sydney


Author Information

Mihaela Mihai is Senior Research Fellow in Politics and International Relations at the School of Social and Political Science, University of Edinburgh. She is the coeditor of On the Uses and Abuses of Political Apologies (2014) and Reclaiming Democracy: Judgment, Responsibility, and the Right to Politics (2015).

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