Academic literature on the topic 'Truth and justice'

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Journal articles on the topic "Truth and justice"

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Wojtyła, Wojciech. "From Post-Truth to Post-Justice? In Defence of Truth in the Era of Post-Truth. A Contribution to the Debate." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 2 (December 29, 2023): 401–13. http://dx.doi.org/10.32084/tkp.5311.

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The article explores the interplay between truth and justice, two primary values in humanistic and social spheres. The thesis maintains that even in the post-truth era, where facts are often disregarded, justice still motivates an individual to seek objective truth. Ultimately, justice is a crucial norm in society and cannot be abandoned for the betterment of humanity. To foster a just society, it is imperative to acknowledge and recognise objective truths. Therefore, comprehending mankind and the fundamentals of social structures is crucial for the attainment of fair and impartial interpersonal relationships. The absence of truth compromises the credibility of justice, resulting in vacuous verbiage from politicians, a mere slogan and a façade for totalitarian regimes.
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Pavlov-Pinus, Konstantin. "Justice and truth." Ideas and Ideals 1, no. 1 (March 15, 2017): 82–96. http://dx.doi.org/10.17212/2075-0862-2017-1.1-82-96.

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Liu, Jessie K., and H. Richard Uviller. "Truth and Justice?" Yale Law Journal 106, no. 6 (April 1997): 1953. http://dx.doi.org/10.2307/797323.

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Moorehead, Caroline. "Truth with justice." Index on Censorship 24, no. 3 (May 1995): 158–64. http://dx.doi.org/10.1080/03064229508535969.

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Ikenberry, G. John, Robert I. Rotberg, and Dennis Thompson. "Truth V. Justice." Foreign Affairs 79, no. 6 (2000): 175. http://dx.doi.org/10.2307/20049987.

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Zamir, Avi. "Truth v justice." Journal of Criminal Law 78, no. 6 (December 2014): 511–22. http://dx.doi.org/10.1177/0022018314557413.

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Under British law, the court has the inherent authority to set aside an indictment which, under the circumstances of the case, constitutes ‘abuse’ of the defendant. This unwritten rule had been accepted also by Israeli courts, and then came a completely new, not to say surprising, Act in 2007. The Israeli Parliament (the Knesset) has thereby recognised a preliminary argument which exploits concepts of ‘justice’ and ‘legal fairness’, and the granting of pro-discretion to the court, which may decide whether or not it is fitting and proper to conduct the trial against the defendant. How has the court reacted to that? As I will try to emphasise, judicial review upon prosecutorial discretion is rare, just a drop in the bucket, and the court is quite reluctant to implement the new tool.
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Kraus, Jody S. "POLITICAL LIBERALISM AND TRUTH." Legal Theory 5, no. 1 (March 1999): 45–73. http://dx.doi.org/10.1017/s135232529950102x.

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Every theory of justice requires a first-order theory specifying principles of justice, and a second-order view explaining why those principles constitute the correct principles of justice. According to John Rawls, political liberalism is committed to the two principles of justice specified in its first-order theory, “justice as fairness.” Justice as fairness, according to Rawls, in turn presupposes the second-order view that justice is a political conception. A political conception of justice treats the principles derived from the fundamental ideas in the public political culture as the correct principles of justice. Political liberalism, however, nowhere offers a defense of the view that justice is a political conception. Indeed, it even strives to avoid the admission that it presupposes that justice is a political conception by stating only that it uses a political conception of justice, while allowing that justice might not actually be a political conception. As to the truth of its second-order presupposition, political liberalism chooses to remain agnostic. Rawls claims that political liberalism has no choice at all. To do otherwise, he argues, would lead to an internal contradiction.
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Quezada, Sergio Aguayo, and Javier Treviño Rangel. "Neither Truth nor Justice." Latin American Perspectives 33, no. 2 (March 2006): 56–68. http://dx.doi.org/10.1177/0094582x05286085.

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de Plaza de Mayo, Madres. "No truth, no justice." Index on Censorship 25, no. 5 (September 1996): 132–36. http://dx.doi.org/10.1177/030642209602500524.

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Just a few blocks from the Buenos Aires' Congress building, where the street narrows again, the Madres de Plaza de Mayo have their office. Tourists pass by without noticing the building with its small brass plaque reading ‘House of the Mothers’. Every day the Mothers meet here to continue their 20-year struggle, begun during the military dictatorship (1976-1983), to establish exactly what happened to their disappeared sons and daughters and to demand retribution against those who imprisoned, tortured and killed their children. July this year marked their 1,000th meeting. There are also the Grandmothers, women who lost not only a daughter or son, but also their children's children. Some of these were separated from their mothers and killed, others were given for adoption and, to this day, have no idea of their real parents. Ingo Malcher talked to them for Index
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Muller-Hill, Benno. "Truth, Justice, and Genetics." Perspectives in Biology and Medicine 43, no. 4 (2000): 577–83. http://dx.doi.org/10.1353/pbm.2000.0048.

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Dissertations / Theses on the topic "Truth and justice"

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Konell, Marissa Ginger. "Truth, justice, and the war on terror." Fairfax, VA : George Mason University, 2009. http://hdl.handle.net/1920/5632.

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Thesis (M.A.)--George Mason University, 2009.
Vita: p. 108. Thesis director: John Barclay Burns. Submitted in partial fulfillment of the requirements for the degree of Master of Arts in Interdisciplinary Studies. Title from PDF t.p. (viewed Nov. 11, 2009). Includes bibliographical references (p. 98-107). Also issued in print.
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Stevenson, Michael C. "Habermas and Lyotard on truth and justice." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ58090.pdf.

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Dollar, Lauren. "Truth and reconciliation at the grassroots : community truth processes in the Southern United States." Master's thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/10348.

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Includes bibliographical references (leaves 94-98).
Truth commissions are implemented in order to "deal with the past" in the context of a transition in government from authoritarian to democratic rule. At the center of a truth commission is a truth process that attempts to establish the experience of gross human rights abuse at the hands of the state, and does so in a way which places the victims of such abuse at the center of the process, through valuing victim testimony as "truth." It is done with the assumption in mind, that in order for a society, or community, to have healthy relations in the future, violent past experiences must be faced and dealt with. Communities at a local level have imitated the structure, goals and procedures of truth commissions in projects that have been termed "Unofficial Truth Projects." This thesis compares three case studies of unofficial truth projects which have taken place in the Southern United States in the past few years: The Greensboro Truth and Reconciliation Commission in Greensboro, North Carolina, which sought to establish a community reconciliation process 25 years after what has come to be known as the "Greensboro Massacre"; and two civil-society based truth processes, the Katrina National Justice Commission and the International Tribunal on Hurricanes Katrina and Rita, which seek to establish truth and gain reparations for human rights abuses which have taken place in the aftermath of Hurricane Katrina in New Orleans. The author considers various projects in a comparative manner, and through examining their histories, structures and ideological make-up, analyzes the processes in terms how these factors affect the ability for the project to: gain legitimacy as a truth process, generate resources and support, acknowledge victims' experiences, and engage the community in reconciliation efforts. The author also echoes the calls for a shift in paradigm in reconciliation and transitional justice literature, which would allow for a space to exist for truth processes that may be unofficial and fall outside a context of a formal transition. Such processes could still greatly benefit communities living in post-conflict contexts and with histories of racial and political violence, such as many communities in the Southern United States.
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Buisman, Caroline Madeline. "Ascertainment of the truth in international criminal justice." Thesis, Brunel University, 2012. http://bura.brunel.ac.uk/handle/2438/6555.

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This thesis seeks to answer the principal question as to whether international criminal justice systems can serve as adequate truth-ascertaining forums. In doing so, it reviews the practice of three international criminal justice systems: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC). It is not the purpose of this research to review the black letter law adopted and applied by these international tribunals and court, but rather to review the implementation of the legal principles in practice. It is a socio-legal research project which focuses on the practice of the tribunals and court. It discusses socio-legal, institutional and political issues relating to the ascertainment of the truth in international criminal justice. In addition, it examines the gaps between the theory and practice of ascertaining the truth in the ICTY, ICTR and ICC. It does so principally by exploring the roles of the parties, participants and judges in ascertaining the truth. This includes the obstacles they face in doing so and the responses given, if any, to accommodate these difficulties. Challenges include the politicised climate of most post-conflict societies, the remoteness of the crime base areas from the seat of the Court, the lack of enforcement mechanisms and reliance on State cooperation, as well as the unfamiliarities with the cultural and linguistic features of the affected communities. This thesis reveals that these difficulties are not the principal cause of truth-searching impediments. Indeed, it is asserted that the ascertainment of the truth can be fair and effective notwithstanding these difficulties. It also demonstrates that truth-ascertaining impediments are mainly caused by failures to adequately investigate the crimes and relevant evidence. At the ICTY, investigations have been carried out in the most efficient and fair manner possible under the circumstances. By contrast, the ICTR and ICC investigations are far from adequate and should be improved. The Prosecution should make more efforts to obtain the best evidence available. It further concludes that international justice systems have set their goals too highly. Instead of seeking to meet objectives such as reconciliation, peace and security, they should restrict their focus to the question as to whether the guilt of a particular accused has been established in respect of the crimes charged.
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Hellenbach, Michael. "Justice or truth? : alleged offenders with intellectual disabilities in the criminal justice system." Thesis, University of Chester, 2011. http://hdl.handle.net/10034/312148.

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This PhD study examines how people who are intellectually impaired are processed within the criminal justice system. In this context it analyses the understanding of intellectual disabilities, criminal justice decision-making processes, and the constructon of crime and punishment by professionals involved in criminal justice. Despite significant changes in mental health legislation and greater awareness by professionals of issues around intellectually disabled offenders, previous research has demonstrated that this population remains disadvantaged when coming into contact with the criminal justice system. The study focuses on how the criminal justice system maintains its traditional way of operating when engaging with people who are impaired in their intellectual capacities and who, therefore, often have difficulties in processing information and understanding complex situations. The study draws on qualitative data generated through thirty five unstructured interviews with custody sergeants, forensic examiners, prosecutors, magistrates, judges and probation officers from three regions in the North West of England: Cheshire, Merseyside and Greater Manchester. Through those interviews, the provision of support to alleged offenders is examined and the process of legal representation evaluated. By analysing decision-making processes around vulnerable defendants, two conflicting views that influence cimrinal justice professionals in their strategic behaviour were identified: protecting offenders' rights and protecting the public from criminal behaviour. It is argued that the criminal justice system draws its normative and enforcement powers from a 'discourse of truth' that concentrates on capacity and intent. Defendants who are classified as vulnerable because of impaired intellectual functioning whereby capacity to reason and intellectual disability are functionally separated. This way, an alleged offender's vulnerability becomes a manageable object within the criminal justice system and is integrated into a person's risk management. The disjointed discourse around intellectual disabilities increases the risk that people with an impaired level of intellectual functioning become drawn into the mainstream criminal justice system and, therefore, further compromises the empowerment and social inclusion of this population.
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Keffeler, Kristina Lee. "Truth and Justice in The Moonstone and Bleak House." Thesis, The University of Arizona, 2012. http://hdl.handle.net/10150/244411.

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Truth and justice seem to have a natural connection, especially in novels where detectives investigate the mysteries behind a crime. The plot of a detective story is based on the assumption that once the facts are discovered, the truth will come out and justice will be served. This thesis explores the interaction between truth and justice in Wilkie Collins’s The Moonstone and Charles Dickens’s Bleak House. While investigations may reveal the truth, this does not always lead to justice. Authors can uphold or deviate from traditional norms to reinforce or undermine the expectation that justice will be served.
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Beck, Albert R. Hankins Barry. "All truth is God's truth the life and ideas of Frank E. Gaebelein /." Waco, Tex. : Baylor University, 2008. http://hdl.handle.net/2104/5208.

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Lester, Claire-Anne. "Truth in the time of tumult: tracing the role of official 'truth-seeking' commissions of inquiry in South Africa, from Sharpeville to Marikana." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25342.

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The Marikana Massacre of 16th August 2012 was a watershed moment for post- Apartheid South African politics. News headlines and images depicting an ANC-led South African police killing 44 unarmed miners, striking for a wage increase, ruptured the TRC's official narrative that state violence of this proportion belonged to a bygone colonial, or Apartheid past. Following the massacre, the Marikana Commission of Inquiry was launched as an official inquiry into what was referred to as the 'tragic incidents at Marikana'. However, as the Commission conducted its work its actual role became increasingly ambivalent and ambiguous to the public, as well as to witnesses who testified. Legally, it was a judicial commission of inquiry with a strict fact-finding mandate, yet the official discourse invoked suggests it had additional distinctive aims to achieve 'truth, restoration, and justice', which are functions traditionally associated with Truth Commissions, in the field of Transitional Justice, and more particularly with South Africa's TRC. This ambiguity in the Marikana Commission's function points to the larger issue that this thesis addresses – the ambiguity in the exact role and function of, as well as the relationship between, generic commissions of inquiry and Truth Commissions. The functions are interrogated using the concept of 'tumult commissions', introduced by Adam Sitze-- a subtype of commission of inquiry used by colonial administrations in lieu of criminal tribunals, to investigate political violence following the State's violent suppression of some major insurgency. Over and above 'fact-finding', Sitze claims that 'tumult commissions' were political tools deployed to 'whitewash' and justify State killings as unfortunate necessities in order to restore peace and order, and to legitimate the authority of the state. I anchor the current ambiguity in the role of the Marikana Commission, both in legal capacity, its method and official discourse, in a longer historical trajectory that extends from the Jamaica Royal Commission (1866) to the Sharpeville Commission (1960) and the TRC (1996-1998). The notion of official truth-seeking is problematised using an analytical framework that distinguishes between objective 'fact-finding', 'truthseeking' and the various associated narrative genres of 'tumult commissions' and 'truth commissions'. Through a critical analysis of canonic academic literature, official commission reports and legislation, the thesis highlights glaring contradictions and inconsistencies in claims to official 'truth-seeking' when combined with quasi-judicial aims to achieve accountability and 'justice'. It concludes that the 'truth' of 'official' truth-seeking commissions is always constrained by the overall objectives of the government of the day. Although the TRC was able to promote a more open and inclusive institution to deal with the intractable issues of 'truth' and 'accountability' following state-sanctioned violence, the cases show that when broader social and economic issues are excluded from the 'regime of truth' of official commissions, it only creates fertile soil in which similar tragedies may reoccur in a post-colonial, and post- TRC South Africa.
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Solvin, Elsa. ""Truth, Justice and Peace" : A quantitative analysis of the impact of Truth and Reconciliation Commissions on conflict recurrence." Thesis, Uppsala universitet, Institutionen för freds- och konfliktforskning, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431929.

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Time has passed since truth and reconciliation commissions (TRCs) started to grow in popularity. The general patterns of their effect on the post-conflict societies are still unexplored. The main claim is that establishing a TRC will reduce the likelihood of conflict recurrence compared to other forms of transitional justice as TRCs are especially well equipped to mitigate reasons for conflict recurrence. This paper uses quantitative methods with the PCJ dataset and the UCDP dyadic dataset to analyse the trends of different types of transitional justice between the years 1946-2006. The logistic regression showed a negative relationship between establishment of TRCs and conflict recurrence. The main implication of these findings is that there are general patterns of TRCs having an effect, which need to be further researched.
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Nichols, Angela D. "Not All Truth Commissions Are Alike: Understanding Their Limitations and Impact." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc799497/.

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This dissertation project develops a theoretical understanding of how truth commissions achieve legitimacy and thus contribute to peace and stability in the aftermath of major traumatic events (e.g. civil war, mass killings, regime changes). I identify three components of truth commission legitimacy---authority, fairness, and transparency---that facilitate beneficial outcomes for societies emerging from a period of severe human rights repression or civil war. I theorize and test how institutions with these legitimacy characteristics contribute to an increase in respect for human rights and decrease political violence in transitioning societies, thus contributing to peace and stability. In order to test the hypothesized relationships, I create a truth commission characteristic dataset that provides greater detail than existing datasets. This project is a contribution to our understanding of the relationships between human rights, institutions, conflict, and international law. It provides one explanation for the inconsistent findings of extant work concerning the impact of transitional justice, generally and truth commissions, specifically. I provide evidence that there are identifiable "best practices" that truth commissions should consider adopting. This information can assist states, intergovernmental organizations, and nongovernmental organizations alike in making difficult decisions regarding the transitional justice process, which is expensive and time consuming further necessitating an understanding of what practices are most crucial for achieving peace and stability.
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Books on the topic "Truth and justice"

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Victory, Patrick. Justice and truth. London: Sinclair-Stevenson, 2001.

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Joost, Blom, Dumont Hélène 1947-, and Canadian Institute for the Administration of Justice., eds. Science, truth and justice. Montréal: Editions Thémis, 2001.

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Rotberg, Robert I., and Dennis Thompson, eds. Truth v. Justice: The Morality of Truth Commissions. Princeton: Princeton University Press, 2000. http://dx.doi.org/10.1515/9781400832033.

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I, Rotberg Robert, and Thompson Dennis, eds. Truth v. justice: The morality of truth commissions. Princeton, N.J: Princeton University Press, 2000.

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Méndez, Juan E. Truth and partial justice in Argentina. New York, NY: Americas Watch Committee, 1987.

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Taylor, Walter. The price of truth and justice. London: Serendipity, 2003.

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Toit, André Du. Justice and truth in South Africa? [Cape Town]: University of Cape Town, 1988.

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Todd, Nauck, Stucker Lary, Smith Tim 3. 1974-, McCrea John, and Hodgkins James, eds. Teen Titans Go!: Truth, Justice, Pizza! Burbank, CA: DC Comics, 2015.

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Ramona, Fradon, Schaffenberger Kurt, and Tanghal Romeo, eds. Super friends!: Truth, justice and peace! New York, NY: DC Comics, 2003.

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Anselm, Saint, Archbishop of Canterbury. Über die Wahrheit: Lateinisch-deutsch. Hamburg: F. Meiner, 2001.

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Book chapters on the topic "Truth and justice"

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Werle, Gerhard, and Moritz Vormbaum. "Truth Commissions." In Transitional Justice, 73–92. Berlin, Heidelberg: Springer Berlin Heidelberg, 2022. http://dx.doi.org/10.1007/978-3-662-65151-3_6.

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Yusuf, Hakeem O. "Truth commissions." In Transitional Justice, 95–121. London: Routledge, 2021. http://dx.doi.org/10.4324/9781315760568-5.

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Root, Rebecca K. "Truth." In Transitional Justice in Peru, 73–99. New York: Palgrave Macmillan US, 2012. http://dx.doi.org/10.1057/9781137008602_4.

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Levinas, Emmanuel. "Truth and Justice." In Totality and Infinity, 82–101. Dordrecht: Springer Netherlands, 1991. http://dx.doi.org/10.1007/978-94-009-9342-6_5.

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Chen, Xunwu. "Truth and Justice." In The Essentials of Habermas, 99–128. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-79794-2_4.

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Reisman, David. "Justice: The Truth." In William Godwin and Thomas Robert Malthus, 31–58. Cham: Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-62113-0_3.

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Murphy, Colleen. "Truth Commissions." In Encyclopedia of Global Justice, 1096–98. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_60.

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Greenawalt, Kent. "X. Amnesty’s Justice." In Truth v. Justice: The Morality of Truth Commissions, edited by Robert I. Rotberg and Dennis Thompson, 189–210. Princeton: Princeton University Press, 2000. http://dx.doi.org/10.1515/9781400832033-011.

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Richman, Isabelle Kinnard. "Social Justice Activist to the End." In Sojourner Truth, 101–17. New York, NY: Routledge, [2016] | Series: Routledge historical: Routledge, 2016. http://dx.doi.org/10.4324/9780203081679-6.

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Mahony, Chris, and Yasmin Sooka. "The Truth about the Truth: Insider Reflections on the Sierra Leonean Truth and Reconciliation Commission." In Evaluating Transitional Justice, 35–54. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137468222_3.

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Conference papers on the topic "Truth and justice"

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Kiel, Donna. "Truth and Justice: The Impact of Racial Justice Training in Catholic Schools." In 2023 AERA Annual Meeting. Washington DC: AERA, 2023. http://dx.doi.org/10.3102/2005626.

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Gagaev, Andrey, and Pavel Gagaev. "ENVIRONMENTAL JUSTICE IN THE SYSTEM OF JUSTICE." In Globalistics-2020: Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-82-88.

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Environmental justice is a part of the system of natural, ethnic, geographic-ecological, restorative and international justice and a system of solutions in the field of global issues. Environmental justice includes compatibility, hatchability and sequence, equality, freedom, truth, responsibility of all forms of life on the planet and in space in their habitats, not claiming for the habitats of other living forms. Therefore, for example, the United States are their habitat only and nowhere else in the world, like any other nation, while the exit of ethnic groups beyond their habitats means aggression and violence. The article also presents the subject of environmental justice. It is the world economic systems. Environmental justice includes also procedural principles of fairness, maintaining natural evolution and self-organization of habitats in space and time; common property of mankind; teleology of alignment and perfection of races and ethnic groups, evolutionary diversity; maintaining the natural cyclicity of life forms; a system of non-violence and solutions to global issues.
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Wang, Weijia. "Navigating Social Justice Teaching in a "Post-Truth" Era: Narratives From Novice Teachers." In 2019 AERA Annual Meeting. Washington DC: AERA, 2019. http://dx.doi.org/10.3102/1433971.

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Komiljonov, Rafael. "INSTITUTE OF TRIAL BY JURY IN THE RUSSIAN EMPIRE: ORIGIN AND DEVELOPMENT." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02032-6/115-124.

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The article examines the Genesis of the institution of jury trial in the Russian Empire from the moment of its introduction to the end of the Provisional government. It is noted that the emergence of a trial with the participation of jurors was influenced by Western models of the judicial process, and the forms of participation of citizens in the administration of justice that previously existed on the territory of the Russian state were taken into account. The role that the jury system has played with some success in the search for truth, justice, and the implementation of effective and independent justice in the past centuries is particularly highlighted.
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Degaspare Monte Mascaro, Laura. "The potential of testimony in transitional justice: what truth can it bring to light?" In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws109_02.

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Winandi, Woro, and Endah Lestari Dwirokhmeiti. "Relevance for the Establishment of the Truth and Reconciliation Commission for the Enforcement of Human Rights in Indonesia." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.353.

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Aronson, Brittany. "Grassroots Mobilization in a "Post-Truth" Environment: Establishing Social Justice at the Core of Teacher Education." In 2019 AERA Annual Meeting. Washington DC: AERA, 2019. http://dx.doi.org/10.3102/1436536.

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Newlove, Pete. "See No, Hear No, Speak No Truth: How Whiteness Works Against Racial Justice in Schools (Poster 5)." In 2023 AERA Annual Meeting. Washington DC: AERA, 2023. http://dx.doi.org/10.3102/2018568.

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Rao, A., A. Kalbarczyk, and S. Closser. "20 Social justice and disease eradication: understanding the ‘trust gap’ in polio’s final strongholds." In Negotiating trust: exploring power, belief, truth and knowledge in health and care. Qualitative Health Research Network (QHRN) 2021 conference book of abstracts. British Medical Journal Publishing Group, 2021. http://dx.doi.org/10.1136/bmjopen-2021-qhrn.58.

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Nakane, Ikuko. "Accusation, defence and morality in Japanese trials: A Hybrid Orientation to Criminal Justice." In GLOCAL Conference on Asian Linguistic Anthropology 2019. The GLOCAL Unit, SOAS University of London, 2019. http://dx.doi.org/10.47298/cala2019.16-5.

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The Japanese criminal justice system has gone through transformations in its modern history, adopting the models of European Continental Law systems in the 19th century as part of Japan’s modernisation process, and then the Anglo-American Common Law orientation after WWII. More recently, citizen judges have been introduced to the criminal justice process, a further move towards an adversarial orientation with increased focus on orality and courtroom discourse strategies. Yet, the actual legal process does not necessarily represent the adversarial orientation found in Common Law jurisdictions. While previous research from cultural and socio-historical perspectives has offered valuable insights into the Japanese criminal court procedures, there is hardly any research examining how adversarial (or non-adversarial) orientation is realised through language in Japanese trials. Drawing on an ethnographic study of communication in Japanese trials, this paper discusses a ‘hybrid’ orientation to the legal process realised through courtroom discourse. Based on courtroom observation notes, interaction data, lawyer interviews and other relevant materials collected in Japan, trial participants’ discourse strategies contributing to both adversarial and inquisitorial orientations are identified. In particular, the paper highlights how accusation, defence and morality are performed and interwoven in the trial as a genre. The overall genre structure scaffolds competing narratives, with prosecution and defence counsel utilising a range of discourse strategies for highlighting culpability and mitigating factors. However, the communicative practice at the micro genre level shows an orientation to finding the ‘truth,’ rehabilitation of offenders and maintaining social order. The analysis of courtroom communication, contextualised in the socio-historical development of the Japanese justice system and in the ideologies about courtroom communicative practice, suggests a gap between the practice and official/public discourses of the justice process in Japan. At the same time, the findings raise some questions regarding the powerful role that language plays in different ways in varying approaches to delivery of justice.
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Reports on the topic "Truth and justice"

1

Santos, Victória Monteiro da Silva. Truth and justice initiatives in non-transitional contexts: experiences from Latin America. E-papers Servicos Editoriais Ltda, January 2019. http://dx.doi.org/10.48207/23181818/pb0904.

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2

Haider, Huma. Transitional Justice and Reconciliation in the Western Balkans: Approaches, Impacts and Challenges. Institute of Development Studies (IDS), January 2021. http://dx.doi.org/10.19088/k4d.2021.033.

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Countries in the Western Balkans have engaged in various transitional justice and reconciliation initiatives to address the legacy of the wars of the 1990s and the deep political and societal divisions that persist. There is growing consensus among scholars and practitioners that in order to foster meaningful change, transitional justice must extend beyond trials (the dominant international mechanism in the region) and be more firmly anchored in affected communities with alternative sites, safe spaces, and modes of engagement. This rapid literature review presents a sample of initiatives, spanning a range of sectors and fields – truth-telling, art and culture, memorialisation, dialogue and education – that have achieved a level of success in contributing to processes of reconciliation, most frequently at the community level. It draws primarily from recent studies, published in the past five years. Much of the literature available centres on Bosnia and Herzegovina (BiH), with some examples also drawn from Serbia, Kosovo and North Macedonia.
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3

Sherman, Lawrence W. Developing and Evaluating Citizen Security Programs in Latin America: A Protocol for Evidence-Based Crime Prevention. Inter-American Development Bank, August 2012. http://dx.doi.org/10.18235/0009044.

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This protocol is designed mainly for people working to reduce crime and improve justice in Latin America, but it discusses principles that can be used anywhere in the world. Those principles can be summarized as evidence-based crime prevention, a process by which good evidence on the facts of crime and its prevention is at the heart of theories and programs for promoting citizen security. "Evidence" in this sense is broadly defined as systematic factual observations of all kinds, not just as the forensic details of a criminal case. Evidence is the data developed by scientific methods to observe and predict any kind of truth, including facts about health, education, crime, and justice. A few key principles of evidence-based crime prevention are the following: crime must be measured reliably and precisely by well-audited systems; crime should be classified in whatever way supports crime prevention; and crime should be analyzed in multiple units or categories, including offenders, criminal networks, victims, micro-places (hot spots), communities, times, days of the week, and other categories.
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