Between Micro and Macro Justice: Emotions in Transitional Justice
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Bandes, S
Madeira, J
Temple, K
White, E
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Abstract
International, hybrid and national criminal courts and in particular truth commissions, where transitional justice is enacted, constitute exceptional legal arenas for the role of emotions. Post-conflict and divided societies are marked by victims’ trauma, sadness, anger, hatred and feelings of revenge, and perpetrators’ shame, guilt and remorse. As emotions lay at the heart of the past conflict and violence, they are also decisive in shaping how affected groups in post-conflict societies experience and evaluate transitional justice. Evidence from different arenas and socio-political contexts concurs in the conclusion that gains in societal healing and reconciliation come at the expense of victim-survivors’ individual emotional wellbeing. This contribution addresses the discrepancy between individual micro and societal macro justice level outcomes of transitional justice, and proposes a needs-based model of emotions in processes of justice, truth recovery and reconciliation. Evidence from a range of different contemporary transitional justice settings in Europe, Latin America and Africa is presented, including international and national criminal trials and tribunals, truth commissions and community-based procedures.
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Research Handbook on Law and Emotions
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Criminology
Crime and social justice
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Karstedt, S, Between Micro and Macro Justice: Emotions in Transitional Justice, Research Handbook on Law and Emotions, 2021, pp. 460-476