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  • 7 - Litigation and Historical-Structural Injustices

  • from Part II - Assessing Transitional Justice for Historical Abuses of Church and State
  • James Gallen, Dublin City University
  • Book:
    Transitional Justice and the Historical Abuses of Church and State
    Published online:
    23 March 2023
    Print publication:
    30 March 2023, pp 164-195
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  • Summary

    Chapter 7 argues that law’s framing of accountability results in an inevitably partial and fractured picture of wrongdoing for historical abuse. The chapter argues that despite a focus on accountability for historical child sexual abuse, non-sexual historical abuses, especially those authorised or ignored by law, struggle to achieve modern-day legal accountability against individuals, institutions, or states. Law’s claim to sovereign authority is unable to comprehensively address historical-structural abuses, which may challenge the legitimacy of the legal order created by states and churches. The chapter considers these challenges in the context of accountability mechanisms, including criminal prosecutions, civil litigation, and the use of canon law.