Full course description
Course Description
“The past refuses to lie down quietly” –Archbishop Desmond Tutu
“Who controls the past controls the future” –George Orwell, 1984
This course will examine the approaches, considerations, dilemmas and tradeoffs societies and countries face when reckoning with legacies of mass atrocity stemming from conflict, repressive regimes, or long-term structural discrimination. We will explore the meaning and application of truth and reconciliation as part of an effort to move from an unjust past to a more just future—a discipline known as Transitional Justice. Through a combination of theoretical texts and case studies, we will analyze different approaches to truth seeking, the politics of memory, victim participation, building legitimacy, and the potential impact of truth and reconciliation efforts. Cases will be drawn from around the world, including from Africa, Australia, and the Americas.
Teaching Professor: The Restorative Justice Faculty at Vermont Law and Graduate School
Course Credits: 3
Required Textbook and Materials:
- There is no textbook required for this course. Students can find and access course material in each module of the course.
Do you want a PDF version of your Syllabus? Follow the Student User Guide to obtain a copy for your records.
Course Objectives
Upon successful completion of this course, you will be able to:
- Explain the key elements of truth and reconciliation within the field of transitional justice, including aims, dilemmas, obstacles and tensions.
- Identify how concepts of truth and reconciliation have been applied in contexts dealing with legacies of mass abuse.
- Compare and contrast the aims, dilemmas, obstacles, and tensions in defining and pursuing truth and reconciliation efforts in distinct country settings
- Identify political, strategic, context, and cultural factors to consider in assessing truth and reconciliation efforts.
- Analyze the complex cross-cutting issues at play in truth commission design, process, and post-truth commission implementation.
Instruction and Evaluation Activities
Course Schedule
Module 1: Truth and Reconciliation: Definitions, Objectives, and Tensions
For the first module, we will focus on building our online learning community by getting to know each other. The readings and discussion will highlight the way transitional justice has been defined and examine how historical origins and political context have shaped the goals and approaches of efforts to seek truth and reconciliation.
Module 2: Amnesties in Theory and Practice: The South African TRC
This module will look at amnesties both in theory and in practice through the South African case. This topic raises difficult dilemmas around the duty to prosecute, how to define accountability in contexts of mass atrocity, and how to balance those imperatives with political efforts to advance peaceful transitions.
Starting with this module on amnesties, over the course of the next few weeks we will look at different approaches or tools that can be used to help societies reckon with legacies of human rights violations and move towards a more just and peaceful society.
Module 3: Acknowledgement and Memorials: How we Remember, What we Forget
In Module 3 we will look at different approaches to advance acknowledgement, including community truth seeking and memorialization efforts. We will look at this issue in the global context, with a focus on how these issues play out in the United States and The Gambia.
A guest speaker, Regina Campbell, Co-Director of the Rikers Island Public Memory project, will join us for a live discussion about community led efforts to Remember, Redress, and Repair.
Module 4: Whose Truth? Centering Voices and Participation
In Module 4 we will focus on questions of representation and participation. Together, we will explore whose truths need to be shared and how? Who needs to listen? Who, if anyone needs to respond and how? How does the narrative shift when different voices are included? Reflecting on what we have discussed in the past weeks regarding the objectives of truth-seeking, who needs to be involved in these efforts and why?
Module 5: Truth Commissions: A Closer Look- Building Legitimacy and Impact
This module will focus in on one approach to seeking truth and reconciliation: Truth Commissions. As part of that closer look, we will examine what distinguishes a truth commission from other truth seeking approaches or from trials, questions to consider in establishing a truth commission, and the impact of truth commissions. This will include a discussion on the role of broader society and who needs to take responsibility for making truth commission recommendations a reality.
Module 6: Public Apologies: The Canadian Case
Following our in-depth look at truth commissions, in this module we will look at another approach to advancing truth and reconciliation: apologies. The readings and materials will analyze the role of public apologies in the context of transitional justice and invite us to reflect on what elements make an apology meaningful or not. With those guiding questions in mind, we will examine the Pope’s apology in Canada for the church’s role in the Indian Residential School system. The lecture for this week will take students through Canada’s journey to reckon with the legacy of the Indian Residential Schools, highlighting the interplay between individual choices, discussions in the public sphere, shifting attitudes, and political will.
Module 7: Reparations: Moving from Truth to Reconciliation
In this final module we will discuss reparations, another aspect of transitional justice in the journey from truth to reconciliation. After exploring the question of reparations, we will reflect back on what we have learned in the course over the past 6 modules. In the readings and discussion we will reflect on the question: what does a society need in order to move from truth to reconciliation?
A variety of learning activities are designed to support the course objectives, facilitate different learning styles, and build a community of learners. Learning activities for each module include the following:
Methods of Instruction | Readings and Multimedia
This course will use a variety of instructional materials including journal articles, reports, content from web sites, and videos on a variety of topics.
Methods of Evaluation | Writing Assignments, Projects, and Assessments
This course will require written assignments and a final paper. All written work should be excellent, high-quality academic work. Poorly written, unedited assignments will not be awarded a top grade. It is vital at this stage in your career that you set high standards for your written work product. All word counts include footnotes. Rubrics are provided for each assignment.
For each module, there will be written assignment to help students work through the material and share questions and reflections.
The course will culminate with a final essay due on the last day of the class. In module 4 students will submit their topic idea for review.
Final Essay: Craft an argument supported by evidence that assesses the achievements and limitations of (some aspect of) transitional justice in your chosen case. The final essays should include a discussion of extant scholarly literature on the topic (including materials read in class) and draw on primary documents (e.g. truth commissions reports, legal proceedings, official reports and/or data on reparation programs, public opinion poll/surveys, interviews, media coverage reports) and academic writing about your case.
Your assignment submission should be roughly 3000 words in length. It should contain proper grammar, be free of spelling errors, and reflect critical thinking.
Grading Policy and Scale
Final Grades in this course are determined by the following criteria. Assignments in this course are categorized as complete/incomplete (100 % or 0%). Each category has a weight as it pertains to your final grade.
Assignment Category | Weight of Category |
---|---|
Total | 100% |
Assignments | 70% |
Final Paper | 30% |
I will assign grades for this course per the following grading system and in accordance with the Academic Standards in the Student Handbook:
Letter Grade | Grade Point Average (GPA) | |
---|---|---|
A | 4.00 |
94-100% |
A- | 3.66 |
90-93% |
B+ | 3.33 |
87-89% |
B | 3.00 |
84-86% |
B- | 2.66 |
80-83% |
C+ | 2.33 |
77-79% |
C | 2.00 |
74-76% |
C- | 1.66 |
70-73% |
D+ | 1.33 |
67-69% |
D | 1.00 |
64-66% |
F | 0.00 |
<64% |
Course Expectations
Student Expectations
Research has shown that online students are self-starters and highly motivated. The fact that you sought out this learning experience and are enrolled in an online class affirms the research. You may have taken an online class prior to this, or this may be your first experience with online education. Taking some time to plan for your course of study can yield benefits and help ensure success.
You are expected to log on to the course multiple days each week, and to spend anywhere from 15-20 hours on each module reviewing assigned material, studying and considering that material on your own, and completing assignments presented in each module. You are expected to post all assignments by the stated deadlines, and to exhibit significant effort in all work.
Faculty Expectations
I will be online and available to answer emails and other asynchronous inquiries at least five days each week and will endeavor to answer questions as quickly as possible.
Academic Support
The Academic Success Program (ASP) is empowering, individualized, and available to every Vermont Law student. ASP offers skill-building through workshops, one-on-one consultation, and mentoring by upper-level students. If you are looking for ways to shrink the learning curve, ASP can connect you with study aids and supplemental materials (i.e., CALI, TWEN, and Kaplan Kick Start) that fit your specific needs. Whether you are preparing for the Bar Examination or your first 1L exam, ASP exists to help you. You can visit ASP virtually through the ASP Portal (VLGS Login Required) by clicking HERE and clicking the link to the right of the “ASP Student Portal” heading.
Academic Policies
Academic Honesty
The Vermont Law School Honor Code and the Code of Ethics apply to all activities, assignment submissions, and conduct in this course. You are required to be familiar with the Honor Code. Student conduct in this course may not violate the Prohibited Conduct classes of violations recognized in the Honor Code (located in the Student Handbook).
Plagiarism is a class one violation of Vermont Law School’s Honor Code. The school uses various software programs to detect plagiarism in all forms. I will report any suspected cases of plagiarism to the Vice Dean for Students.
Read the Vermont Law and Graduate School Student Handbook section on plagiarism and the article WHAT YOU DON’T KNOW CAN HURT YOU: HOW TO RECOGNIZE PLAGIARISM AND AVOID COMMITTING IT prior to submitting your first assignment.
Netiquette
All communications in this course (email, discussion boards, and assignments) should use good netiquette. For an overview and explanation of this, visit the Netiquette Home Page and follow the Core Rules of Netiquette.
Accessibility
We encourage students with disabilities, visible or hidden, to seek appropriate accommodations. Discussions regarding accommodations are confidential. The VLGS student handbook authorizes me to make some accommodations, but others may require an additional request. Please visit the accommodations page within the Academic Success Program to seek more information and contact the Vice Dean for Students. Accommodation resources are not retroactive, so please inform us as early as possible if you need accommodations. We will provide reasonable access in line with the Disability Policy.
Title IX
Vermont Law and Graduate School (VLGS) is committed to fostering a safe, productive learning environment. Title IX and VLGS policy prohibit discrimination based on sex. Sexual misconduct – including harassment, domestic and dating violence, sexual assault, and stalking – is also prohibited at VLGS.
VLGS encourages anyone experiencing sexual misconduct to talk to someone about what happened, so they can get the support they need, and VLGS can respond appropriately.
If a student wishes to speak confidentially about an incident of sexual misconduct, wants more information about filing a report, or has questions about school policies and procedures, please contact VLGS’s Title IX Coordinator.
VLGS is legally obligated to investigate reports of sexual misconduct. Therefore, VLGS cannot guarantee the confidentiality of a report, but VLGS will consider a request for confidentiality and respect it to the extent possible.
Professors are also required to report incidents of sexual misconduct and thus cannot guarantee confidentiality. This policy includes any mention of sexual misconduct that a student might make in their written work. A professor must provide VLGS’s Title IX coordinator with relevant details, such as the names of those involved in the incident.
Other Policies
All student handbook policies and procedures apply to this course. For more information about student academic and institutional policies, read the Student Handbook.