Releasing transitional justice from the technical asylum: judicial reform in Guatemala seen through techne and phronesis

Zunino, Marcos (2011) Releasing transitional justice from the technical asylum: judicial reform in Guatemala seen through techne and phronesis. International Journal of Transitional Justice, 5 1: 99-118. doi:10.1093/ijtj/ijq026


Author Zunino, Marcos
Title Releasing transitional justice from the technical asylum: judicial reform in Guatemala seen through techne and phronesis
Formatted title
Releasing transitional justice from the technical asylum: judicial reform in Guatemala seen through technē and phronēsis
Journal name International Journal of Transitional Justice   Check publisher's open access policy
ISSN 1752-7716
1752-7724
Publication date 2011-03-01
Sub-type Article (original research)
DOI 10.1093/ijtj/ijq026
Open Access Status Not Open Access
Volume 5
Issue 1
Start page 99
End page 118
Total pages 20
Place of publication Oxford, United Kingdom
Publisher Oxford University Press
Language eng
Subject 3308 Law
Formatted abstract
The application of universal ideas to specific settings is a crucial aspect of transitional justice. Yet, that application awakens tensions between universal and local conceptions of justice. This article considers the judicial reform programme carried out in Guatemala after its internal conflict. I use Hans-Georg Gadamer's concepts of technē and phronēsis to assess the programme and to suggest an alternative. I argue that the reforms were underpinned by technē, which involves choosing the appropriate means to attain an end. This technical approach entailed a reliance on indicators and expertise that resulted in a self-defeating project, where the process (re)produced the phenomena it strove to eliminate: impunity and violence. As an alternative, I suggest a model that relies on phronēsis, which would establish a dialogical relationship between universal values and particular circumstances. It would be undertaken in three layers: one involving the universal and the local, another embracing the means and the end, and the last engaging legal institutions with an ideal justice.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: School of Political Science and International Studies Publications
 
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