Figuring Victims in International Criminal Justice: The Case of the Khmer Rouge Tribunal. By Maria Elander. New York: Routledge, 2018.
DOI | http://doi.org/10.1111/lasr.12410 |
Published date | 01 June 2019 |
Date | 01 June 2019 |
instead tip to either democratic rule or a more fully prerogative-
based state.
In this final chapter, Meierhenrich builds on the idea of the
“dual state,” and on the ethnographic legal tradition through
which it was developed, to focus on those “instances of authoritar-
ian rule in which a legal way of doing things coexists with an alter-
native mode of behavior: a violent way of doing things.”
Meierhenrich works here to build a definition through which we
can make sense of, and study, the role of authoritarian law—law
in regimes that are premised, at once, on wanton violence and
political rule, as well as an openness to legal reasoning and legal
disputing. He also provides us with analytical tools that draw on
research across law and social science. In so doing, Meierhenrich
opens up a whole new vista for the sociology of law, which forces
us to come to terms with—and indeed, even account for—the role
of law in authoritarian states, rather than chalking up these cases
to lawlessness or mere legal “window dressing.” Taking legality
seriously in these spaces can, as he suggests, even lead to internal
change and reform.
Meierhenrich’s book charts an innovative and far-reaching
research agenda for the sociology of law. And it is one that, by tak-
ing up the cultural understandings of positions of law in some of
the world’s most difficult situations, will advance theorizing and
research in the sociology of law across the board.
***
Figuring Victims in International Criminal Justice: The Case of
the Khmer Rouge Tribunal. By Maria Elander. New York:
Routledge, 2018.
Jamie Rowen, Department of Political Science and Legal Studies,
University of Massachusetts
Contributing to a growing body of literature on the constitutive
relationship between victims and international criminal law, Figur-
ing Victims in International Criminal Justice engages in a critical anal-
ysis of the Extraordinary Chambers of Cambodia (ECCC). This
unique court, designed to blend domestic and international crimi-
nal law, offers a distinct case to examine how international crimi-
nal law not only defines victims but also creates a particular idea
of the victim. Elander explains how those who suffered under the
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