Negative Emotions and Transitional Justice

Vehement resentment and indignation are pervasive in societies emerging from dictatorship or civil conflict. How can institutions channel these emotions without undermining the prospects for democracy?

Emphasizing the need to recognize and constructively engage negative public emotions, Mihaela Mihai contributes theoretically and practically to the growing field of transitional justice. Drawing on an extensive philosophical literature and case studies of democratic transitions in South Africa, South America, and Eastern Europe, her book rescues negative emotions from their bad reputation and highlights the obstacles and the opportunities such emotions create for democracy. By valorizing negative emotions, either through the judicial review of transitional justice bills or the criminal trials of victimizers, institutions realize the value of respect and concern for all while contributing to a culture that is hospitable to democracy.

"Mihaela Mihai skillfully maps the contours of the debate about the role domestic and international courts - and particularly judges - should or should not play in the development of democratic institutions in post-conflict societies. She argues convincingly that, if done correctly, courts can help balance the twin imperative of recognizing past harms and promoting a culture of respect for the rights of others. This is an important, thought-provoking book on an inordinately complex subject."
Eric Stover, University of California, Berkeley

"Mihai constructs an extraordinarily clear map of the boundaries of legitimate resentment and indignation against prior injustice and then shows how judicial decisions can be exemplary in demonstrating the right roles for these fitting but volatile emotions within a democratic order."
Margaret Urban Walker, Marquette University