
Contents
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. Transitional Justice as an International Relations Phenomenon II. Transitional Justice as an International Relations Phenomenon
-
A. Transitional Justice and International Security A. Transitional Justice and International Security
-
B. Transitional Justice and International Cooperation B. Transitional Justice and International Cooperation
-
1. Transitional Justice as a Special Case of International Cooperation 1. Transitional Justice as a Special Case of International Cooperation
-
a. Dilemma of Common Interest or Indifference a. Dilemma of Common Interest or Indifference
-
b. No Zero-Sum Game b. No Zero-Sum Game
-
c. Relative Versus Absolute Gains c. Relative Versus Absolute Gains
-
d. Cheating d. Cheating
-
e. Low Politics e. Low Politics
-
f. Free Riders f. Free Riders
-
g. Returns g. Returns
-
h. Cost h. Cost
-
-
2. Potential Benefits and Drawbacks of International Cooperation on Transitional Justice 2. Potential Benefits and Drawbacks of International Cooperation on Transitional Justice
-
-
-
III. Traditional International Relations Theories III. Traditional International Relations Theories
-
A. Realism A. Realism
-
B. Liberalism B. Liberalism
-
-
IV. Frameworks for Explaining State Behavior on Transitional Justice IV. Frameworks for Explaining State Behavior on Transitional Justice
-
A. Legalism A. Legalism
-
B. Prudentialism B. Prudentialism
-
C. Comparative Hypotheses C. Comparative Hypotheses
-
1. Legalism 1. Legalism
-
2. Prudentialism 2. Prudentialism
-
3. Comparative Hypotheses 3. Comparative Hypotheses
-
-
-
V. Conclusion V. Conclusion
-
-
-
-
-
-
-
-
3 Competing Theories of United States Policy on Transitional Justice: Legalism Versus Prudentialism
Get access-
Published:April 2016
Cite
Abstract
This chapter develops a conceptual framework to explain U.S. policy on transitional justice. Specifically, the author considers two theories—the dominant theory of “legalism” and what he calls “prudentialism”—about what motivated U.S. government support for, or opposition to, various transitional justice options for each of this book’s six cases. Part II of this chapter discusses problems and concerns transitional justice represents for international relations, focusing on security and cooperation. Part III reviews what two prominent international relations theories, realism and liberalism, would posit about transitional justice issues. Part IV sets out two transitional justice theories: legalism and prudentialism (which are subsets of liberalism and realism, respectively). Part V discusses the application of these transitional justice theories to this book’s case studies. Much of the analysis in this chapter concentrates on international criminal tribunals because they are the focus of legalism and central to the case studies of this book.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 1 |
November 2022 | 1 |
December 2022 | 2 |
January 2023 | 11 |
February 2023 | 1 |
March 2023 | 1 |
April 2023 | 2 |
May 2023 | 6 |
August 2023 | 2 |
November 2023 | 2 |
January 2024 | 6 |
February 2024 | 3 |
June 2024 | 2 |
July 2024 | 2 |
September 2024 | 3 |
November 2024 | 4 |
March 2025 | 3 |
April 2025 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.