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The hidden face of Justice: Fairness, Discrimination and Distribution in Transitional Justice Processes

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  • Juan Camilo Cárdenas

    ()

  • Andrés Casas-Casas

    ()

  • Nathalie Méndez Méndez

    ()

Abstract

This article contributes to the literature on the impact of transitional justice measures using microfoundational evidence from experiments. We argue that there is a distributional dilemma at the heart of transitional justice programs, given that the State must allocate goods and services both to victims and ex-combatants. Individual and social preferences over these processes matter, given that they are likely to scale up to undermine or increase public support for transitional justice programs. We offer evidence from the Colombian case, to show what we call the hidden face of justice effect, which occurs when in the transition from war to peace distributional dilemmas arise and generate a social sanction function that creates negative incentives that can affect the achievement of reintegration of ex-combatants and jeopardizes the maintenance of peace. In order to explore the microfoundations that underlie the differences between allocations to victims and ex-combatants, we use a database built by Cárdenas et. al (2008) and find that ex-combatants expect lower transfers from public officers and indeed receive lower transfers, if compared to the victims and the control groups included in the study, despite the fact that third-party observers have the power to punish senders when making offers seen by the third-party as unfair. Keywords: Transitional justice, fairness, field experiments, third-party punishment game

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Paper provided by UNIVERSIDAD DE LOS ANDES-CEDE in its series DOCUMENTOS CEDE with number 011470.

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Length: 32
Date of creation: 02 Aug 2013
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Handle: RePEc:col:000089:011470

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Keywords: Transitional justice; fairness; field experiments; third-party punishment game;

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  1. M. Rabin, 2001. "Incorporating Fairness into Game Theory and Economics," Levine's Working Paper Archive 511, David K. Levine.
  2. Ernst Fehr & Klaus M. Schmidt, . "Fairness and Incentives in a Multi-Task Principal-Agent Model," IEW - Working Papers 191, Institute for Empirical Research in Economics - University of Zurich.
  3. Kahneman, Daniel & Knetsch, Jack L & Thaler, Richard, 1986. "Fairness as a Constraint on Profit Seeking: Entitlements in the Market," American Economic Review, American Economic Association, vol. 76(4), pages 728-41, September.
  4. Sally, David, 2001. "On sympathy and games," Journal of Economic Behavior & Organization, Elsevier, vol. 44(1), pages 1-30, January.
  5. Ernst Fehr & Urs Fischbacher, 2004. "Third-party punishment and social norms," Experimental, EconWPA 0409002, EconWPA.
  6. Juan Camilo Cárdenas & Natalia Candelo & Alejandro Gaviria & Sandra Polanía & Rajiv Sethi, 2008. "Discrimination in the Provision of Social Services to the Poor: A Field Experimental Study," IDB Publications 43838, Inter-American Development Bank.
  7. Guth, Werner & Schmittberger, Rolf & Schwarze, Bernd, 1982. "An experimental analysis of ultimatum bargaining," Journal of Economic Behavior & Organization, Elsevier, vol. 3(4), pages 367-388, December.
  8. Forsythe Robert & Horowitz Joel L. & Savin N. E. & Sefton Martin, 1994. "Fairness in Simple Bargaining Experiments," Games and Economic Behavior, Elsevier, vol. 6(3), pages 347-369, May.
  9. Juan Camilo Cardenas & Rajiv Sethi, 2010. "Resource Allocation in Public Agencies: Experimental Evidence," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 12(4), pages 815-836, 08.
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