Abstract

BETANCOURT TORRES, VALENTINA. Between Realism and Constructivism: A Way to Understanding Transitional Justice in Colombia. Rev. Derecho Estado [online]. 2021, n.48, pp.113-148.  Epub May 02, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n48.05.

One of the most important matters for understanding transitional justice stems from the tension between Law and Power in the face of the need for justice as a response to grave violations of human rights committed in times of armed conflict, civil war and dictatorship. Said tension was initially explained by displaying the dichotomy between realism and idealism.

Beyond favouring one theory or another, this document will highlight how Colombia's transitional justice model has formed through the interaction between different approaches and perspectives, making particular emphasis on the realist and constructivist theories. Therefore, it is proposed that the comprehension and legitimization of the transitional mechanisms that were adopted in the country can be explained through legal realism, political realism, and the constructivist perspective. This proposal can help us understand and interpret the advances or setbacks in the implementation of the measures that were set in place in order to overcome the armed conflict and promote national reconciliation.

Keywords : Transitional justice; approaches; legal realism; political realism; constructivism.

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