Dilemmas Of Justice Research Articles

Capturing the Processes of Our Transformative Learning in a Transdisciplinary Research Course

Transdisciplinary scholarship has experienced a renaissance in higher education. Yet, little research has captured transformations in students’ viewpoints as they collaborate in transdisciplinary courses to consider solutions to complex societal problems. In this narrative inquiry, I chronicled my doctoral students’ perspectives and my thinking in a Transdisciplinary Research class in which students attempted to unravel the social justice dilemma of escalating economic disparities between rich and poor citizens in the United States. I believe knowledge is socially constructed. Therefore, student collaboration and sharing of their reflective stances were integral to the curriculum.

Gentili's Ius Post Bellum and Early-Modern Peace Treaties

To Gentili falls the merit of having made the ius ad bellum a logical third part of the laws of war, after the ius ad bellum and the ius in bello. After him, most treatises on the laws of war or later, on the laws of nations, included some reflection on the subject, although few as extensive as Gentili. The integration of the ius post bellum into the laws of war caused Gentili’s concept of peace to be determined by his concept of war. It was this and the modernity of his concept of war that made for the novelty of Gentili’s doctrine of peace. Gentili broke away from the classical just war doctrine with its view of war as a unilateral instrument of justice. Building on notions from medieval and humanist civil jurisprudence, he defined war as a contest for victory between equal parties. Absent the possibility to decide who had justice on his side, war was degraded from an instrument of justice to an instrument of law enforcement through victory, without any guarantee that victory would be delivered to the just side. Victory bestowed upon the victor the right to enforce his claims and dictate the terms of peace. If there was no clear victor, then war had failed its purpose. Peace through agreement was thus a solution by double default, through the failure of man to discern justice, and through the failure of achieving victory.All this brought Gentili to distinguish two bodies of laws, which together made up the ius post bellum: the ius victoriae and the ius ad pacem. This scheme of things allowed Gentili to grant legal force to all the victor or the consent of the treaty partners decided. In this sense, Gentili gave a legal basis to the practices of the European States without – the ius victoriae – and within – the ius ad pacem – Europe. But Gentili was no positivist or consensualist. Rather than describing all the particular practices of States in making peace, he defined the general rules they ought to apply in making peace. Here he brought justice back into the equation, for its own sake as well as for the sake of making peace stable and sustainable. However, the logic of justice was more dominant in his ius victoriae than in his ius ad pacem. This is unsurprising. Under Gentili’s system, peace through agreement was one step further removed from the ideal workings of justice than peace through victory. As such, his conception of peacemaking through treaties came close to reflecting the intra-European practices of his day and age. But to some extent, Gentili also failed to grasp the current of events. Compared to the solution of the neo-scholastics, his system represented the path not taken. By distinguishing between objective and subjective justice, the neo-scholastics offered another way out of the dilemma of justice and sovereignty. Whereas in Gentili’s work, there was only one legal order and one concept of war wherein legality and justice worked together, the neo-scholastic demarche inspired another approach: that of distinguishing two separate spheres of law – that of internal and of external law, that of the natural and the positive law of nations – and two concepts of war, just war and legal war, or solemn war in the words of Grotius. It was Grotius who laid out this scheme but it took Wolff and Vattel fully to consummate it in their dual system of the necessary and the voluntary law of nations, of just war and war in due form, of just peace and peace in due form. The dualistic outlay of the system, Grotius took from the neo-scholastic tradition, but for the concept of solemn war and for his doctrine of peace treaties, Grotius took inspiration of the civilian tradition and from its two foremost, recent representatives, Ayala and Gentili. The success of the dualistic approach to war and peace can, at least in part, is explained from the fact that it answered to the practices of States in Early Modern Europe. When making war – in their declarations and manifestos of war, in their alliance treaties –, States continued to operate the language of the just war, and particular the classical just war doctrine. When making peace, all this was forgotten as States turned to the logic of solemn war, or to the Gentilian logic of war as a contest between equal parties.

Moral Injury and the Ethics of Educational Injustice

In this article, Meira Levinson presents a case study of school personnel who must decide whether to expel a fourteen-year-old student for bringing marijuana onto campus. She uses the case to explore a class of ethical dilemmas in which educators are obligated to take action that fulfills the demands of justice but under conditions in which no just action is possible because of contextual and school-based injustices. She argues that under such circumstances, educators suffer moral injury, the trauma of perpetrating significant moral wrong against others despite one's wholehearted desire and responsibility to do otherwise. Educators often try to avoid moral injury by engaging in loyal subversion, using their voice to protest systemic injustices, or exiting the school setting altogether. No approach, however, enables educators adequately to fulfill their obligation to enact justice and hence to escape moral injury. Society hence owes educators moral repair—most importantly, by restructuring educational and other social systems so as to mitigate injustice. Levinson concludes that case studies of dilemmas of educational justice, like the case study with which she begins the article, may enable philosophers, educators, and members of the general public to engage in collective, phronetic reflection. This process may further reduce moral injury and enhance educators' capacities to enact justice in schools.

Reinventing Race, Reinventing Racism

List of Tables and Figures About the Contributors 1. Reinventing Race, Reinventing Racism: An Introduction, John J. Betancur and Cedric Herring 2. Critical Considerations and New Challenges in Black-Latino Relations, John J. Betancur 3. Juntos Pero No Revueltos: Race, Citizenship, and the Conundrums of Latinidad, Tomas Almaguer 4. Public Housing Redevelopment and the Displacement of African Americans, Edward G. Goetz 5. Problems of Racial Justice in Portland, 1968-2010: Revisiting the City's Kerner Report, Karen J. Gibson 6. After the Storm: Race and Victims' Reactions to the Hurricane Katrina Aftermath, Hayward Derrick Horton, Melvin Thomas, and Cedric Herring 7. Race, Class, and the Restructuring of Urban Community Development, Douglas C. Gills 8. Fairness on the Job: Skin Tone, the Beauty Myth, and the Treatment of African American Women at Work, N. Michelle Hughes and Cedric Herring 9. Training Black Media Makers after Kerner: The Black Journal Workshop, Devorah Heitner 10. Illegals Under Fire: Analyzing U.S. News Frames of Latina/o Immigration and Immigration Rights (1997-2007), Isabel Molina-Guzman 11. Muslims in the Global City: Racism, Islamophobia, and Multiracial Organizing in Chicago, Junaid Rana 12.New Configurations of Racism after 9/11: Gender and Race in the Context of the Anti-Immigrant City, Elizabeth L. Sweet 13.Gang Members, Juvenile Delinquents, and Direct Democracy, Lisa Marie Cacho 14. Racial Disadvantage and Incarceration: Sources of Wage Inequality among African American, Latino, and White Men, Kecia R. Johnson and Jacqueline Johnson 15. Casualties of War: The War on Drugs, Prisoner Re-entry and the Spread of HIV/AIDS and Hepatitis C in Chicago's Communities, Cedric Herring 16. Marching in March: Early Participation in Chicago's Immigrant Mobilizations, Angela Mascarenas and Cedric Herring 17. From Political Novice to Veteran: Youth Participation in the Immigrant Mobilization, Loren Henderson 18. Race, Poverty, and Disability: A Social Justice Dilemma, Yolanda Suarez-Balcazar, Fabricio Balcazar, Tina Ritzler-Taylor, Asma Ali , and Rooshey Hasnain 19. Conclusion: Racism and Neoracism: Contributions of This Book, John J. Betancur Index

The View from Inside India’s Consumer Fora: Empowering the Few

AbstractThis article explores one aspect of India’s attempts to address its access to justice dilemma through the establishment of district-level consumer fora. Data points are extracted from 1,400 cases nationwide to piece together a portrait of the input and output of these institutions. The data collected include: win/loss rates; time from filing to decision; presence of attorneys (and their effects on win/loss rates and time from filing to decision); amounts of damages and costs awarded; and types of cases filed. In the end, this sampling of cases, combined with observations and interviews, led to several broad conclusions—that access to justice is increased but not for the marginalized or poor; that the consumer fora are severely underused; and that they are highly localized institutions leaving significant discretion in the hands of forum Presidents to drive the process which greatly varies the effects on access to justice among districts.

COMPLEMENTARITY AND COOPERATIVE JUSTICE AHEAD OF THEIR TIME? THE UNITED NATIONS WAR CRIMES COMMISSION, FACT-FINDING AND EVIDENCE

Today, many international criminal lawyers claim that the future of international law is domestic. The example of the United Nations War Crimes Commission (UNWCC) shows that this might not only be the future, but also the past. This article analyzes the practice of the Commission (1943–1948), with a particular emphasis on facts, evidence and interaction with domestic authorities. It argues that the UNWCC marked an early counter-model to the idea of military justice that prevailed in many World War II accountability initiatives, and an alternative to the centralized and situation-specific enforcement model under the umbrella of United Nations (UN) peace maintenance. The Commission represents a cooperative approach to justice and sovereignty that has got lost in the course of the second half of the twentieth century. In the mid-1940s, attention shifted quickly, and perhaps too early from the UNWCC itself to the idea of centralized enforcement under the umbrella of an International Criminal Court. The work of the Commission foreshadows many core dilemmas of contemporary international justice, including debates over independent investigative authority, proprio motu powers, the labelling and origin of core crimes (e.g. aggression, crimes against humanity), the treatment of group criminality (e.g. attribution of conduct) and evidentiary standards in proceedings. Similar structures are gradually re-emerging in the context of regional integration (e.g. ‘mutual trust’ under the European Area of Freedom, Security and Justice) or the operationalization of complementarity under the Rome Statute of the International Criminal Court (ICC). But in terms of cooperation between major powers and use of international expertise and advice in criminal proceedings, international criminal justice is still in search of a modern UNWCC 2.0.

Politicising Europe's Justice Deficit: Some Preliminaries

Normative political theory is divided on whether questions of distributive justice properly extend beyond the state. From a functionalist perspective, however, justice reflects a balance of material forces, subject to the logics of ‘market’ and ‘social’ justice, or ‘capitalism’ and ‘democracy’. The justice ‘deficit’ is the imbalance or disequilibrium in these logics, an imbalance which the constitution of the post-war European state stabilises through their constraint. European integration, initially an important feature of this post-war settlement, now increasingly comes to be viewed as a significant threat to it. Whereas market logic and capital have been rapidly supra-nationalised, social-democratic logic has struggled to transcend the state, the EU, in particular, lacking the channels of contestation to legitimise redistribution. This leads to an imbalance in the forces of capitalism and democracy, a justice ‘deficit’, which destabilizes national as well as supranational institutions, but also leads to questions being asked of what Germans owe Greeks, or vice versa. The justice deficit and reaction to it now appear to be threatening core features of state sovereignty. But it also suggests that the logic of the state - and the question: to whom are obligations owed? - must itself be subject to contestation; the dilemma of market and social justice, or capitalism and democracy, must be replaced with a trilemma, of market, social and democratic justice.

Complementarity and Cooperative Justice Ahead of Their Time? The United Nations War Crimes Commission, Fact-Finding and Evidence

Today, many international criminal lawyers claim that the future of international law is 'domestic'. The example of the United Nations War Crimes Commission (UNWCC) shows that this might not only be the 'future', but also the 'past'. This article analyzes the practice of the Commission (1943-1948), with a particular emphasis on facts, evidence and interaction with domestic authorities. It argues that the UNWCC marked an early counter-model to the idea of military justice that prevailed in many WWII accountability initiatives, and an alternative to the centralized and situation-specific enforcement model under the umbrella of UN peace maintenance. The Commission represents a cooperative approach to justice and sovereignty that has gone lost in the course of the second half of the 20th century. In the mid-1940s, attention shifted quickly, and perhaps too early from the UNWCC itself to the idea of centralized enforcement under the umbrella of an International Criminal Court. The work of the Commission foreshadows many core dilemmas of contemporary international justice, including debates over independent investigative authority, proprio motu powers, the labeling and origin of core crimes (e.g., aggression, crimes against humanity), the treatment of group criminality (e.g., attribution of conduct) and evidentiary standards in proceedings. Similar structures are gradually re-emerging in the context of regional integration (e.g., 'mutual trust' under the European Area of Freedom, Security and Justice) or the operationalization of complementarity under the Rome Statute of the International Criminal Court. But in terms of cooperation between major powers and use of international expertise and advice in criminal proceedings, international criminal justice is still in search of a modern UNWCC 2.0.

Liver transplantation for malignancy: current treatment strategies and future perspectives.

In 1967, Starzl et al performed the first successful liver transplantation for a patient diagnosed with hepatoblastoma. In the following, liver transplantation was considered ideal for complete tumor resection and potential cure from primary hepatic malignancies. Several reports of liver transplantation for primary and metastatic liver cancer however showed disappointing results and the strategy was soon dismissed. In 1996, Mazzaferro et al introduced the Milan criteria, offering liver transplantation to patients diagnosed with limited hepatocellular carcinoma. Since then, liver transplantation for malignant disease is an ongoing subject of preclinical and clinical research. In this context, several aspects must be considered: (1) Given the shortage of deceased-donor organs, long-term overall and disease free survival should be comparable with results obtained in patients transplanted for non-malignant disease; (2) In this regard, living-donor liver transplantation may in selected patients help to solve the ethical dilemma of optimal individual patient treatment vs organ allocation justice; and (3) Ongoing research focusing on perioperative therapy and anti-proliferative immunosuppressive regimens may further reduce tumor recurrence in patients transplanted for malignant disease and thus improve overall survival. The present review gives an overview of current indications and future perspectives of liver transplantation for malignant disease.

Reconciling Dilemmas of Social Justice in Literacy Lessons: A Case Study of Preservice Primary Teachers

Literacy is promoted as one factor in overcoming disadvantage. In this paper, we employ Fraser’s (1997 & 2008) framing of social justice in order to analyse the disparate agendas of literacy education for improved outcomes in national policy. We do this to better understand the dilemmas confronting preservice teachers as they prepare to become teachers in complex education contexts. We then examine what 20 preservice primary teachers say about social justice in interview responses to a scripted scenario. Our findings demonstrate that most preservice teachers are trying to demonstrate that they have a well-placed commitment to teaching for social justice, however, most of our respondents are yet to frame productive practices that might work in providing socially just education for the students they will teach. These outcomes raise possibilities for future iterations of preservice teacher courses at the case study site and beyond.

Taking “Culture” out of Multiculturalism

The tension between religious freedom and non-discrimination principles is becoming increasingly acute. Questions about the appropriate way to balance the two rights arise with particular regularity. The status of women in multiculturalism policies has been the site for debate as gender issues test the limits of toleration through such practices as under-age marriage and veiling. In policy discourses, the “crisis of multiculturalism” is increasingly tied to gender equality concerns and the need to counter, in particular, the gender inequality in Islam. Debates about gender in the politics of cultural difference serve simultaneously to name certain communities as backward and majority culture as the norm. In the process, the real issues of gendered structural inequality are obscured. I examine these issues through the lens of the Bill 94 in Québec, which seeks to ban the niqab in public places. The ban would encompass nearly every public institution, including childcare centres and public health facilities. The government defended the law by invoking principles of gender equality and secularism. I argue for a multiculturalism policy that focuses on structural inequalities rather than on cultural difference. The shift from a politics of structural difference to an emphasis on cultural difference has obscured the larger issues of structural inequalities—poverty, unemployment, and racism—while simultaneously magnifying issues related to religion or culture. Multiculturalism still has an important role to play in achieving greater social equality. We need new ways of addressing dilemmas of justice and equality in multicultural societies as it is necessary to reformulate multiculturalism rather than to abandon it.

Un Post-Conflict Peacebuilding Activities – An Economic Reconstruction Perspective

The peace versus justice dilemma often presented as paramount in post-conflict situations is more complex and ignores the factual and legal importance of economic reconstruction. The economic aspect of un post-conflict peacebuilding missions, has however not received much attention over the past years. Yet, the mandates granted to international actors after conflicts have undoubtedly evolved throughout the years. From the imposition of a neutral force between the parties to a conflict, to maintaining peace and stability, the un and other international organizations have taken up various responsibilities in the administration of States and territories. The focus on economic reconstruction needs to be viewed in the context of a changed strategy towards conflicts, in which the focus is laid on ensuring that the causes of the conflict are eliminated. The 1990s, thus, signaled an important and comprehensive shift in the un’s engagement in post-conflict States, which resulted in the establishment of unprecedented missions which included important economic reconstruction activities, such as the international administration missions in Kosovo and East Timor. In recent years however, there have been no comprehensive peacebuilding missions which included major economic reforms in their mandate. There may be multiple reasons for this, but, as is argued, in essence it is the result of two factors. First, international administrative missions, by their very nature, are more adequate tools to engage in comprehensive post-conflict reconstruction efforts including far-reaching economic reforms. Secondly, international financial institution have gradually been moving away from a strict application of their free market policy, towards paying more attention to pluralist rule of law reforms which in turn will trigger economic development.

Experiences of host communities with carbon market projects: towards multi-level climate justice

The literature on equity and justice in climate change mitigation has largely focused on North–South relations and equity between states. However, some initiatives (e.g. the Clean Development Mechanism (CDM), the Reducing Emissions from Deforestation and Forest Degradation programme (REDD), and voluntary carbon markets (VCMs)) are already establishing multi-level governance structures that involve communities from developing countries in global mitigation efforts. This poses new equity and justice dilemmas: how the burdens and benefits of mitigation are shared across various levels and how host communities are positioned in multi-level governance structures. A review of the existing literature is used to distill a framework for distinguishing between four axes of climate justice from the perspective of communities. Empirical evidence from African and Asian carbon market projects is used to assess the distributive and procedural justice implications for host communities. The evidence suggests that host communities often benefit little from carbon market projects and find it difficult to protect their interests. Capacity building, attention to local power relations, supervision of business practices, promotion of projects with primarily development aims and an active involvement of non-state actors as bridges between local communities and the national/international levels could potentially contribute towards addressing some of the key justice concerns.Policy relevance International negotiations on the institutional frameworks that are envisaged to govern carbon markets are proceeding at a rather slow pace. As a consequence, host countries and private-sector actors are making their own arrangements to safeguard the interests of local communities. While several standards have emerged to guide carbon market activity on the ground, distributive as well as procedural justice concerns nevertheless remain salient. Four empirical case studies across Asia and Africa show that within the multi-scale and multi-actor carbon market governance, local-level actors often lack sufficient agency to advance their claims and protect their interests. This evidence suggests that ameliorating policy reforms are needed to enhance the positioning of local communities. Doing so is important to ensure future acceptability of carbon market activity in potential host communities as well as for ensuring their broader legitimacy.

Climate governance, justice, and transnational civil society

Justice dilemmas associated with climate change and the regulatory responses to it pose challenges for global governance, arguably hampering progress and raising concerns over efficacy and relevance. Scholarly literature suggests that transnational civil society groups can help address problems of governance and injustice that cross borders and pit states against each other. Findings of a comparative, qualitative study of climate justice advocacy suggest, however, that civil society groups' work in the US and EU is significantly shaped by institutional factors specific to those regimes, limiting advocates' broader impact. Moreover, political opportunities for the pursuit of climate action, and justice particularly, have diminished in those settings. By contrast, the United Nations Framework Convention on Climate Change (UNFCCC) provides greater opportunities for discussions of justice, although civil society actors are significantly constrained within it. It is argued that greater roles for civil society in the UNFCCC could prove constructive in the face of current challenges connected with justice issues. Three themes in civil society advocacy linking principles of global justice with current climate policy debates are summarized. Finally, it is suggested that the first iteration of the UNFCCC Periodic Review provides timely opportunities to more fully draw upon civil society's potential contributions toward a fair and effective global climate regime.Policy relevanceThe roles of civil society organizations in climate governance were examined in three policy contexts: the UNFCCC, the US, and the EU, with special attention to advocacy addressing issues of equity and justice, identified as key challenges for a post-2012 global agreement. Findings suggest that (1) civil society roles are significantly constrained in each context, and (2) political opportunities for climate advocacy have diminished since 2009 in the US and EU, underlining (3) the continued salience of the UNFCCC as a forum for engagement and the construction of effective and equitable climate policy. Potential exists for increased civil society involvement at the UNFCCC to help resolve obstacles based in divergent national priorities. Three areas of justice-focused civil society activity are reviewed for current negotiation topics and the governance structure of the institution. The current UNFCCC Periodic Review is identified as an opportunity to increase civil society involvement.

Democracy or Stability? European Approaches to Justice in Peace and Transitional Processes

Debates over justice for gross human rights violations in active conflicts and transitions are often framed as a dilemma that emphasizes perceived tensions between human rights and democracy on one side and peace and stability on the other. Despite the prominence of the justice dilemma in the scholarly literature, little attention has been directed to examining its significance for global policy making. Beyond the rhetoric, it is unclear whether the dilemma frames the issues for key international actors and how it shapes their policies. This article addresses this gap by investigating the role of the justice dilemma in the foreign policy of the EU. First, it traces the origins of the dilemma and highlights important continuities in its framing over time. It then demonstrates how in pursuing 'democratization' and 'stabilization' approaches to justice, the EU often reproduces the underlying assumptions, perceived tensions and conventional solutions that circulate in scholarly and policy discussions. The final section examines the implications of the justice dilemma for European policy making. The article argues that the EU's preoccupation with the dilemma limits its ability to develop effective and innovative policies in this important field.

Designing Selection Systems for Medicine: The importance of balancing predictive and political validity in high‐stakes selection contexts

Selection into medical education and training is a high‐stakes process. A key unanswered issue is the effectiveness of measuring noncognitive predictors via both low‐fidelity and high‐fidelity selection approaches in this high‐stakes context. We review studies investigating the effectiveness of multiple selection instruments in terms of predictive validity, incremental validity, and applicant reactions in both entry‐level and advanced‐level medical selection. Our results show that the situational judgment test (SJT) is the best single predictor of performance, operationalized in multiple ways. In addition, the low‐fidelity SJT has incremental predictive power over cognitively oriented tests, and high‐fidelity assessment center (AC) exercises add incremental validity over the low‐fidelity (and less costly) selection methods. Concerning applicant reactions, results show that overall, the selection system is positively received. However, the method with the highest predictive validity – the SJT – received comparatively lower face validity ratings which may present a ‘justice dilemma’ for employers. Furthermore, various other stakeholders have a political interest in the selection methods used (e.g., government, the regulators and trade unions).

Comparing public rationales for justice trade-offs in mitigation and adaptation climate policy dilemmas

Despite a great deal of research on public perceptions of climate change science, very little empirical work has attempted to investigate how members of the lay public might evaluate the justice dilemmas inherent within climate policy decision-making. This exploratory study contrasts arguments about justice from a mitigation perspective, with those from an adaptation perspective and draws insights about the contours of politically acceptable climate policy. Using think-aloud protocols and a structured elicitation approach with members of the lay public to generate quantitative and qualitative data, this study suggests that the two types of climate policy trigger different sets of arguments about justice. When asked about mitigation burden-sharing participants overwhelmingly invoke arguments about causality. In contrast, in discussions of adaptation participants emphasized the needs of the afflicted parties and their ability to cope. Furthermore, social and spatial distances were not a factor in allocation of mitigation burdens, but were used to discount the distribution of compensation towards adaptation. These initial data about public perceptions of justice in this area suggest that the public would view adaptation and mitigation as complements not substitutes. These findings also highlight the importance of exploring public reactions to the sub-components of climate policy individually.

Don’t let the bedbugs bite: the Cimicidae debacle and the denial of healthcare and social justice

Although bedbug infestation is not a new public health problem, it is one that is becoming more alarming among healthcare professionals, public health officials, and ethicists given the magnitude of patients who may be denied treatment, or who are unable to access treatment, especially those underserved populations living in low income housing. Efforts to quarantine and eradicate Cimicidae have been and should be made, but such efforts require costly interventions. The alternative, however, can further exacerbate the already growing problems of injustice, i.e., unfair treatment of patients, inaccessibility of needed resources. In the following paper, I examine the ramifications of denying access to medical care, among other healthcare justice dilemmas surrounding bedbug infestations. I also explore the value of health, and how healthcare professionals and public officials often feel as though bedbugs are not a priority because they, themselves, are not diseases, regardless of the fact they cause physical and mental problems that affect a person's health. I propose recommendations for improving the health and well-being of those vulnerable populations who are facing a difficult and growing public health problem that is currently being ignored in medical and public health ethics literature, regardless of increased media attention and unusual habitats of localized infestations, e.g., Statue of Liberty, New York City.

Political leadership and conflict resolution: An African example

Challenges to post-conflict leadership in African states highlight the need for democratic capacity building, with clear participatory processes involving communities and the leadership as a necessary condition to mitigate new or resurrected conflicts. This article explores transformational leadership and how it relates to democratic capacity building in Rwanda. We argue that community capacity building through grassroots leadership is a necessary and sufficient ingredient for the development and sustenance of democracy in postconflict societies. Reconciliation through justice, political reforms including decentralisation, and women’s empowerment as critical variables in this process characterise a transformational agenda to gradually achieve stability at the grassroots. Despite dilemmas of justice and democracy, transformative leadership in Rwanda continues to evolve at both state and grassroots levels through processes based on indigenous knowledge and practices like gacaca and ingando to achieve the greater good of reconciliation.

Law and Justice in the Shadows of Violence

Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa. Edited by Kamari Maxine Clarke. Cambridge: Cambridge University Press, 2009. 324 pp., $34.99 paperback (ISBN-13: 978-0-591-71779-3). Mirrors of Justice: Law and Power in the Post-Cold War Era. Edited by Kamari Maxine Clarke, Mark Goodale. Cambridge: Cambridge University Press, 2009. 344 pp., $95.00 hardcover (ISBN-13: 978-0-521-19537-9). Necessary Evils: Amnesties and the Search for Justice. Edited By Mark Freeman. Cambridge: Cambridge University Press, 2009. 352 pp., $90.00 hardcover (ISBN-13: 978-0-521-89525-5). The discourse and structures of international justice have expanded rapidly since the early 1990s, when the United Nations Security Council established the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. This expansion is symbolized by the permanent International Criminal Court (ICC) in The Hague, while reflecting broader developments including the extension of international law and global governance, the mobilization of transnational human rights movements, and the proliferation of transitional justice mechanisms, such as criminal prosecutions and truth commissions. The books reviewed here convey both the growing interest in the subject of international justice across the social sciences and the changing nature of dilemmas that preoccupy scholars and practitioners in this dynamic field. They represent critical contributions to our theoretical and empirical understanding of international justice in the post-Cold War era and offer insightful analysis of its promise and limits. Writing in the best tradition of “engaged scholarship,” the authors raise critical questions about justice but also seek to propose innovative responses and approaches to help address such questions in the contemporary period. The books fit squarely within the new scholarship on international justice that has emerged during the past decade, marking a shift from the academic discussions of justice associated with the “third wave” of democratization in Latin America, Southern and Eastern Europe (Huntington 1991). That earlier body of literature in sociology, political science, and law often adopted a state-centric analytical framework and interrogated justice dilemmas in relation to processes of political transformation and constitutional reconstruction in the aftermath of repressive rule and internal conflict (Cohen 1995; Kritz 1995; Osiel 1997; Teitel 2000). By contrast, recent scholarship tends to reflect the pluralization of justice discourse and structures at the current juncture, which can be comprehended only within a globalized framework that takes into account …