Feminism, Postcolonial Legal Theory and Transitional Justice: A Critique of Current Trends Khanyisela Moyo

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7 Citations (Scopus)

Abstract

Inspired by feminist legal theory and postcolonial literal studies this article interrogates the ‘transitional justice discourse’ and coins critiques which re-examine the discipline’s key tenets; namely, democracy, liberalism, rule of law and human rights. It argues that while transitional justice can be seen as one of the masculine human rights strategies that are reminiscent of imperial intervention in the lives of postcolonial subjects, it is open to seizure by the same. This is possible in transitional contexts since these situations create opportunities for stakeholders to rethink the inadequacies of the accepted discourse, and to subscribe to new ways of seeking justice.
Original languageEnglish
Pages (from-to)237-275
JournalInternational Human Rights Law Review
Volume1
Issue number2
DOIs
Publication statusPublished - Nov 2012

Keywords

  • transitional justice
  • postcolonial and feminist legal theory
  • democracy
  • liberalism
  • power
  • human rights
  • justice

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