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28 Kan. J.L. & Pub. Pol'y 527 (2018-2019)
Lessons from Truth and Reconciliation Commissions in South Africa, Kenya, and the United States for Transitional and Restorative Justice

handle is hein.journals/kjpp28 and id is 553 raw text is: 










       LESSONS FROM TRUTH AND RECONCILIATION
    COMMISSIONS IN SOUTH AFRICA, KENYA, AND THE
  UNITED STATES FOR TRANSITIONAL AND RESTORATIVE
                             JUSTICE

                        By Lindsay Harroff *


    This article studies the rhetoric of truth commissions in South
Africa and Kenya, as well as a proposal for a commission in the
United States, to better understand how truth commissions contribute
to the formation of new national communities. Drawing on rhetorical
methods and the theoretical perspective of decoloniality, I argue that
truth commissions can offer new ways of understanding national
community. Along the way, my analysis refigures key terms in the work
of truth commissions: truth, reconciliation, justice, and through all
of these national unity. I conclude by discussing the problems of
applying establishedframeworks transitional and restorative justice
   in disparate contexts. Ultimately, I challenge scholars and
practitioners to instead consider how particular cases can transform
our understanding of these very concepts andframeworks.
    Section I of this paper sets up the above argument. Section II
describes the invention and rise in popularity of truth commissions
within the framework of transitional justice. Section III reviews the
contributions of rhetorical scholarship to the study of truth
commissions and describes the theoretical and methodological
framework of my analysis. Section IV analyzes the rhetoric of truth

* Ph.D. Candidate, Communication Studies, The University of Kansas. M.A.,
Communication Studies, The University of Kansas. B.A., Communication Studies
and Political Science, Funan University. The author thanks Dr. Dave Tell for his
advice and support throughout the writing of this article. She also thanks the
editorial board of the Kansas Journal ofLaw and Public Policy for all of their
work.

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