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American Transitional Justice (Hardback)

by Natalie R. Davidson

Cambridge University Press

Hardcover 270 pages English July 02, 2020

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Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that US courts produced a whitewashed history of US involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from US courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in US courts.
Author:
Natalie R. Davidson
Publisher:
Cambridge University Press
Publication Date:
July 02, 2020
Number of pages:
270 pages
Language:
English
Binding:
Hardcover
ISBN-10:
1108477704
ISBN-13:
9781108477703