Study

This course provides an overview of comparative law. We will learn about the differences and similarities, both real and perceived, between different legal orders. We will compare both civil law and common law systems, and authoritarian and liberal legal systems. This course also features guest lectures given via Zoom by professors from Yale, Virginia, and other institutions.

Evaluation: class participation: 20%, students will be on call roughly every three sessions; paper(s): 80%. Students can choose to write six response papers (five pages each), or a research paper alone or together (30 pages minimum for sole-authored papers). For co-authored papers, each co-author will receive the same grade for the same paper.  A research paper can focus on one country or compare different legal systems. Students should submit their research paper proposal by Sept. 23, which explains their research question, methods and plan including distribution of labor among co-authors for co-authored papers. Finalized paper is due on December 16. The instructor keeps the discretion of approving or not approving a research paper proposal. Sole-authored research papers are also qualified to satisfy JD students’ writing requirements, if they so choose. 

This 2-credit seminar will provide an introduction to the field of “transitional justice,” which refers to a broad range of processes and mechanisms that have been developed to respond to major violations of human rights that often occur during armed conflicts, under the rule of authoritarian regimes, or in divided societies where a dominant ethnic, racial, or religious group has systematically persecuted members of a minority or other marginalized group. Transitional justice seeks to achieve one or more of the following objectives depending on the context: providing redress for victims and accountability for perpetrators through judicial or non-judicial mechanisms (while recognizing that these are not binary categories and the same person can be both a victim and a perpetrator), repairing damaged relationships between offenders and victims (also known as “restorative justice”), promoting peaceful coexistence between previously adversarial groups, truth-telling and memorialization of the historical record of human rights violations, and legal or political reforms that address the root causes of the conflict in order to prevent its recurrence in the future. The seminar will also explore the importance of different types of data or evidence both for documenting international crimes and other forms of injustice and harm that transitional justice processes seek to address, and for empirically evaluating the effectiveness of peacebuilding programs that have been implemented in Iraq, Chile, and other contexts.

The seminar will also engage with important critiques and limitations of the field of transitional justice, which has historically been dominated by scholars and institutions from the Global North, and by Eurocentric concepts of justice that are not necessarily universal. Contemporary transitional justice efforts have focused disproportionately on what are often described as “tribal,” “ethnic,” and “sectarian” conflicts in the Middle East and Africa, but have paid considerably less attention to the enduring legacies of colonial and white supremacist violence in North America. Transitional justice also tends to prioritize accountability for some forms of violence, conflict, and crime over others. For example, compensation is often provided for victims of lethal violence (e.g., “condolence” payments made by the U.S. military in Iraq and Afghanistan to family members of civilians killed in airstrikes) but not for other forms of non-lethal harm such as sexual violence. Students will come away from the seminar with a strong understanding of the primary tools and mechanisms for transitional justice (e.g., trials, truth and reconciliation commissions, compensation), key historical case studies including Iraq, Rwanda, and the United States, and important debates and critiques that have shaped the field.

Students can choose one of three options to fulfill the course requirements: 

• A research paper of approximately 20-25 pages* 
• 5 short response papers on weekly readings (approximately 1,500 words each)
• POLSCI or LAW: 1 research design proposal for an original research project using any empirical methods (e.g., qualitative, quantitative, archival) including draft Institutional Review Board (IRB) protocol (required for research with human subjects such as interviews, surveys, or participant observation)

*LAW students will have an option to satisfy the JD Upper Level Writing Requirement through extension of the paper to 30 pages.