New Law against an Old State: Land Restitution as a Transition to Justice in Post-Apartheid South Africa?

The research on which this text is based has been financially supported by the Berne University Research Foundation (2009–2011) as well as by an Ambizione Research Fellowship of the Swiss National Science Foundation (2012–2014). During my stays in South Africa, the Departments of Anthropology at the University of the Witwatersrand, Johannesburg, and the University of South Africa (UNISA), Pretoria, provided me with welcoming and inspiring research environments. This article benefitted greatly from engaged discussions around its presentation at various occasions, notably our ECAS 2011 panel Transition and Justice: Negotiating the Terms of New Beginnings in Africa, held in Uppsala. I am particularly grateful to my co-convener and co-editor Gerhard Anders as well as Laurens Bakker, Keebet von Benda-Beckmann, Ben Cousins, Julia Eckert, Marion Fresia, Vinodh Jaichand, Steffen Jensen, Tim Kelsall, Hanri Mostert, Johanna Mugler, David O'Kane, Julia Pauli, Mats Utas, Julia Zenker and the anonymous referees of Development and Change for their critical engagements.

Scales of justice in water governance: hydropower controversies in Switzerland

One significant challenge for the operationalization of water justice arises from the many dynamic scales involved. In this paper we explore the scalar dimension of justice in water governance through the insights derived from empirical research on hydropower production in the Swiss Alps and the application of the geographical concept of politics of scale. More specifically, we investigate how different actors frame the justice problem, the scales that they invoke and which actors consequently get included or excluded in their justice assessments. This study shows that there is no ideal scale for justice evaluations; whichever scale is used, some actors and justice claims are included whereas others are excluded. This is particularly true when using Fraser’s trivalent concept of justice, taking into account issues of distribution, recognition and participation where each calls for its own set of scales. Moreover, focusing on the politics of scale framing, our study reveals that the justice claim itself can become a power element. Consequently, to achieve more just water governance, there is not only a need for debate and negotiations about the conceptions and meanings of justice in a specific context, there is also a need for debate about the relevance and implications of divergent scales involved in justice claims.

Die grenzüberschreitende Übertragung von Wissen über Transitional Justice und ihre Akteure in historischer Perspektive

Historische Ansätze sind in der Betrachtung von Transitional Justice rar geblieben. Den weitreichenden Veränderungen, die das Feld im Zuge seiner Ausdehnung zum weltweit dominierenden Reflexions- und Handlungszusammenhang im Umgang mit historischem Unrecht erfahren hat, ist deshalb in aller Regel keine angemessene Beachtung geschenkt worden. Der vorliegende Beitrag widmet sich aus historischer Sicht den Fragen, wie seit den späten 1980er Jahren über die Grenzen nationaler Aufarbeitungsschauplätze hinaus Wissen über Transitional Justice generiert und übertragen worden ist, welche die beteiligten Akteursgruppen waren und welche Auswirkungen der Wandel in den Wissenstransfers und im Verhältnis zwischen den Akteuren auf die Entwicklungen im Feld hatte. Im Mittelpunkt der Analyse steht dabei das Instrument der Wahrheitskommissionen. Historical approaches to the study of transitional justice are rare. In the process of its expansion to the dominating paradigm in dealing with past injustices, the field experienced far reaching changes. Scholarship about transitional justice, however, has hardly taken into account these shifts in appropriate ways. This article examines from a historical point of view how knowledge about transitional justice was generated and transferred across the borders of the national sites of dealing with the past, what were the groups of actors involved and what effects the transformations of the knowledge circulation as well as of the relationship between the actors since the late 1980s had on the development of the field. The focus of the analysis, thereby, is on the instrument of truth commissions.

Effectiveness of Justice-Based Measures in Managing Trust and Privacy Concerns on Social Networking Sites: Intercultural Perspective

The unprecedented success of social networking sites (SNSs) has been recently overshadowed by concerns about privacy risks. As SNS users grow weary of privacy breaches and thus develop distrust, they may restrict or even terminate their platform activities. In the long run, these developments endanger SNS platforms’ financial viability and undermine their ability to create individual and social value. By applying a justice perspective, this study aims to understand the means at the disposal of SNS providers to leverage the privacy concerns and trusting beliefs of their users—two important determinants of user participation on SNSs. Considering that SNSs have a global appeal, empirical tests assess the effectiveness of justice measures for three culturally distinct countries: Germany, Russia and Morocco. The results indicate that these measures are particularly suited to address trusting beliefs of SNS audience. Specifically, in all examined countries, procedural justice and the awareness dimension of informational justice improve perceptions of trust in the SNS provider. Privacy concerns, however, are not as easy to manage, because the impact of justice-based measures on privacy concerns is not universal. Beyond theoretical value, this research offers valuable practical insights into the use of justice-based measures to promote trust and mitigate privacy concerns in a cross-cultural setting.