Transitional Jurisprudence
/ˌtrænzɪˈʃənəl ˌdʒʊərɪsˈpruːdəns/
Definitions
- (n.) The body of legal principles and rules guiding the transition of a state's legal system from one regime or status to another, often post-conflict or post-authoritarian contexts.
Transitional jurisprudence provides a framework for courts to address human rights violations during a regime change.
- (n.) Legal doctrines addressing the application and adaptation of laws during political, social, or constitutional transformations.
Scholars study transitional jurisprudence to understand how laws evolve during democratic transitions.
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Commentary
In drafting, clarity is essential to distinguish transitional jurisprudence from transitional justice; while related, the former focuses on legal principles underpinning transitions, whereas the latter emphasizes mechanisms for societal change and accountability.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.