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This article aims to explain and review the theoretical and normative contexts of Transitional Justice (TJ). This is done as empirical studies or specific settings particularly in the Arab region need to be rooted much more in TJ theory. The article argues that data and statistics need to be used and evaluated and that there needs to be greater use of methodological processes including empirical studies. It is argued that at present, this is not always the case. Similarly, when models are presented or critiqued by practitioners, little regard is given to TJ theory, or the context within which those models operated. Therefore, it is difficult to see what lessons can be learnt for other places even where the context or circumstances are very similar.

Early in the transitional justice process during and after the Tunisian revolution, the need arose to develop a full-fledged legal framework guaranteeing the rights of victims and, at the same time, of perpetrators. However, no sooner was transitional justice legislation ratified than progress towards the objective faltered. In an atmosphere of partisan political turbulence, the legislation resulted in weak outcomes. This led to the conclusion that the foremost problem of transitional justice does not lie in an absence of political will as much as in the philosophy on which it is founded. This philosophy adheres to liberal democratic values in facing the painful past and restoring rights to victims of despotism – by stipulating a set of rights that put the victim and the executioner on the same footing, without the slightest consideration of the balance of power between them. Consequently, perpetrators and torturers tend to dodge justice and recognition of truth, equating reconciliation with accountability.

Early in the transitional justice process during and after the Tunisian revolution, the need arose to develop a full-fledged legal framework guaranteeing the rights of victims and, at the same time, of perpetrators. However, no sooner was transitional justice legislation ratified than progress towards the objective faltered. In an atmosphere of partisan political turbulence, the legislation resulted in weak outcomes. This led to the conclusion that the foremost problem of transitional justice does not lie in an absence of political will as much as in the philosophy on which it is founded. This philosophy adheres to liberal democratic values in facing the painful past and restoring rights to victims of despotism – by stipulating a set of rights that put the victim and the executioner on the same footing, without the slightest consideration of the balance of power between them. Consequently, perpetrators and torturers tend to dodge justice and recognition of truth, equating reconciliation with accountability.

This article traces routes taken by social and political research to explain the state's role in relation to economy and society, and in explaining policies and government activities. Pluralist and structural functionalist approaches commanded the landscape of political science and sociology in the 1950s and 1960s in the United States, and before that in nineteenth century Europe, all centering around society. But a shift occurred with the "Keynesian revolution" culminating in current research that emphasizes the state as a powerful and influential actor in political and social processes, by virtue of its policies and typical relationships with social groups. The emphasis of contemporary study on the state is a theoretical reclamation of the role it played in familiar works of leading German scholars such as Max Weber and Otto Hintz. This article discusses the role and capacity of the state, as detailed through various texts.

This study discusses the evolution of transitional justice in Morocco, demonstrating how the work of the Equity and Reconciliation Commission established within the regime has remained subject to the constraints of Moroccan politics. The Commission was declared a success prematurely, but over time it became clear that the Moroccan model needed to be reevaluated. The study concludes that the idea of "justice to the extent possible" obstructed transitional justice. Not only did this slogan serve to obscure the full truth; it also provided insufficient impetus to continue pushing for broader institutional reform. Although Morocco has experienced something of a human rights revival in recent years, it still harbours pockets of "lawful" injustice, broadly signaling an absence of sovereign law.

This article traces routes taken by social and political research to explain the state's role in relation to economy and society, and in explaining policies and government activities. Pluralist and structural functionalist approaches commanded the landscape of political science and sociology in the 1950s and 1960s in the United States, and before that in nineteenth century Europe, all centering around society. But a shift occurred with the "Keynesian revolution" culminating in current research that emphasizes the state as a powerful and influential actor in political and social processes, by virtue of its policies and typical relationships with social groups. The emphasis of contemporary study on the state is a theoretical reclamation of the role it played in familiar works of leading German scholars such as Max Weber and Otto Hintz. This article discusses the role and capacity of the state, as detailed through various texts.

​عنوان الكتاب: نهاية مرحلة: كيف يقوّض الإحياء السلطوي للصين صعودها. عنوان الكتاب في لغته: End of an Era: How China's Authoritarian Revival is Undermining Its Rise المؤلف: كارل مينزنر Carl Minzner مكان النشر: نيويورك. الناشر: Oxford University Press تاريخ النشر: 2018. عدد الصفحات: 296 صفحة.

Palestine Over Two Months 1/9-31/10/2020

Documents of Democratic Transition in the Arab World

Transitional justice in Libya is the key to stability of state and society. Under the previous regime, many Libyans' rights were violated. The regime's collapse only exacerbated these violations, in addition to bringing about the country's social and cultural disintegration. The very exceptional nature of the Libyan state complicated efforts to establish a transitional justice system in post-revolution Libya. Successive governments since the revolution have failed to exercise control over security. This paper deals with transitional justice in three sections. The first reviews Libyan legislation since the 17 February 2011 revolution. The second analyzes reasons for the failure of legislative efforts to implement an integrated program of transitional justice. The third outlines short- and medium-term requirements for implementing a transitional justice program.