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Persuade Them or Oust Them: Crafting Judicial Change and Transitional Justice in Argentina

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What explains sea changes in patterns of judicial behavior, such as those associated with the new wave of transitional justice in Latin America? Unlike theories that put emphasis on the causal force of politicians? preferences vis-à-vis truth and justice, or strategic understandings of judicial behavior, this paper argues that deep institutional transformations must occur within judiciaries: cultures of legal interpretation and judicial personnel must change. I argue that in the case of transitional justice, human rights NGOs are the ones that manufacture these transformations via informal pedagogical interventions and personnel turnover strategies. The argument is illustrated with a case study of Argentina, using a combination of qualitative and quantitative data. The research design takes advantage of internal temporal and geographical variation in judicial outcomes.
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Document Type: Research Article

Publication date: July 1, 2014

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  • Comparative Politics is an international journal that publishes scholarly articles devoted to the comparative analysis of political institutions and behavior. It was founded in 1968 to further the development of comparative political theory and the application of comparative theoretical analysis to the empirical investigation of political issues. Comparative Politics communicates new ideas and research findings to social scientists, scholars, and students, and is valued by experts in research organizations, foundations, and consulates throughout the world.
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