Law School Module Details

The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module.
Title TRANSITIONAL JUSTICE
Code LAW508
Coordinator Dr AJ Cahill-Ripley
Law
A.Cahill-Ripley@liverpool.ac.uk
Year CATS Level Semester CATS Value
Session 2023-24 Level 7 FHEQ Second Semester 20

Aims

Background: This module will introduce you to the area of law known as Transitional Justice and to provide an overview of the prevailing themes, issues and challenges faced within the field. The module will allow you to examine and critically assess the development and efficacy of various institutions and processes designed to deal with grave & systematic human rights violations in countries which are in transition from conflict or repression to peace. We will study the fundamental concepts which underpin the idea of TJ, concepts such as truth, justice, peace and reconciliation as well as examining various transitional justice mechanisms such as international criminal law trials and tribunals, truth commissions, amnesties, reparations and local forms of justice. We will also investigate various contemporary challenges for the field in terms of theory and practice including, alternative conceptions of justice e.g. redistributive justice; economic, social and cultural rights; gend er and overlaps with peacebuilding and development. We also explore the wider contextual factors within international relations that effect the choices made with regard to transitional justice – what actors are involved and why? Who controls the transitional justice agenda? Due to the nature of transitional justice in the international community, it is necessary to approach this topic from an interdisciplinary perspective, and not only look at the law, but to discuss the way in which these rules operate in various contexts and societies.

Aims: The overall aim of this module is to introduce students to the area of law known as transitional justice and to provide an overview of the prevailing themes, issues and challenges faced within the field. The module will allow the students to examine and critically assess the development and efficacy of various institutions and processes designed to deal with grave & systematic human rights violations in countries which are in transition from conflict or repression to peace. Through completing a programme of specific teaching and learning sessions, students will explore, compare and contrast and critically evaluate various forms of transitional justice and their impact and contribution to the wider context of international law, international relations and peace building.


Learning Outcomes

(LO1) Students will demonstrate an increasing and broad and detailed knowledge and understanding of transitional justice.

(LO2) Students will be able to identify and consider the different theories underlying transitional justice and key themes such as ‘truth’ and ‘justice’, 'peace' and 'reconciliation'.

(LO3) Students will be able to identify and critically evaluate key mechanisms and processes of transitional justice such as international tribunals and courts; truth commissions; amnesties and national and local mechanisms through practical case study examples and broad theories.

(LO4) Students will be able to identify and consider current challenges and contemporary issues in transitional justice such as gender; economic and social rights and reparations, and demonstrate a critical awareness of new insights at the forefront of the discipline

(LO5) Students will be able to relate the concept of transitional justice to other peace-building activities and evaluate the role of transitional justice mechanisms as a part wider peacebuilding.

(LO6) Students will be able to identify and consider key challenges and best practices within transitional justice.

(LO7) Students will demonstrate detailed knowledge and understanding of transitional justice through in depth written critical analysis and evaluation of key topics on the syllabus.

(S1) Critical awareness

(S2) Cognitive skills

(S3) Analytical skills

(S4) Demonstrate knowledge and understanding, critical analysis and reasoning of the above through learning and assessment tasks

(S5) Confidently select and apply appropriate primary and secondary sources including legal sources.

(S6) Carry out independent research and engage with wider debates in the field through guided and self-directed study and peer discussions


Syllabus

 

Indicative Syllabus
A Reading Week may also be included*
A Revision Week may also be included*
Topics and Syllabus subject to review*
The course will include the historical background to the field, theoretical and conceptual themes and ideas, mechanisms and procedures of transitional justice and contemporary challenges within the field. Within these broad categories there is flexibility but indicative topics could include:

• An Introduction to Transitional Justice: What is Transitional justice?
• Key concepts: Truth; Justice; Peace; Reconciliation.
• Prosecutorial justice: International Courts and Tribunals
• Restorative justice: Truth and Reconciliation Commissions
• Amnesties
• Local approaches to Transitional Justice
• Challenges for Transitional Justice for example, Gender; Economic and Social Rights; Reparations; Peacebuilding and Transitional Justic e
• Course Conclusion and Evaluation

There will also be the option of hosting Student Drop-In Workshop for Revision and/or Essay Planning Sessions, Student coursework discussion and feedforward - tutor and peer.


Teaching and Learning Strategies

Teaching Method 1 - Seminar


Teaching Schedule

  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours   24

        24
Timetable (if known)              
Private Study 176
TOTAL HOURS 200

Assessment

EXAM Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
             
CONTINUOUS Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
100% Coursework (4000 words max) 50% pass mark. There will be an opportunity to do a written formative exercise mid-module, but this will not contribute to the overall module mark. Footnotes are ex    100       

Recommended Texts

Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module.

Other Staff Teaching on this Module

 

Modules for which this module is a pre-requisite:

 

Pre-requisites before taking this module (other modules and/or general educational/academic requirements):

 

Co-requisite modules:

 

Programme(s) (including Year of Study) to which this module is available on a required basis:

 

Programme(s) (including Year of Study) to which this module is available on an optional basis:

 

Additional Programme Information