Transitional (in)Justice as Duration
نویسندگان
چکیده
This study demonstrates that the ‘transition’ in transitional jurisprudence is a collective imagination plausibly lays upon interaction between competing temporal narratives ‘historical cases’—broadly understood as cases involve interplay law’s temporality and historical process. The dominant view of inclined to consider transition series discrete fragmented events. view, however, fails bridge gap lived experience law policy’s mode representation past injustices. By contrast, this paper contends should be perceived pure temporality—transition flux or flow time. enables legal actors better engage multitude temporalities cases. analyzes two issues. First, it juxtaposes ontological perspective time duration theory adjudicative reasoning construe among actors. It manifests theoretical basis for experiential by extrapolating Postema’s time-mindfulness Bergson’s duration. Second, examines distinctive virtue micro-level agreement about (temporal) sense focusing on statutory limitation discussion African-American Slave Descendants Litigation case United States, finds primarily contested due givenness article concludes perceivably capture disrupt persistent injustices at dislocating present atrocious experience.
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ژورنال
عنوان ژورنال: Journal Of Southeast Asian Human Rights
سال: 2022
ISSN: ['2599-2147']
DOI: https://doi.org/10.19184/jseahr.v6i1.31523