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August 27, 2026Journal of Law and Society0 citationsOpen Access

A corporate turn? Insights from Colombia, the world's contemporary laboratory for transitional justice

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LJLine Jespersgaard Jakobsen

Key Points

  • Analyze why corporate accountability remains largely excluded from transitional justice systems despite substantial evidence of economic complicity in armed conflicts.
  • Conducted a qualitative case study of Colombia's Special Jurisdiction for Peace (JEP) to evaluate corporate transitional justice mechanisms.
  • Applied Robert Cover's jurisprudence framework (nomos, narrative, and polynomia) to evaluate how standard international legal structures marginalize economic actors.
  • Identified that internationally standardized transitional justice frameworks cast economic actors as neutral, leaving most complicit corporations unprosecuted.
  • Demonstrated that state-centered, jurispathic legal practices systematically privilege formal law over political-economic realities, restricting corporate accountability in post-conflict settings.

Abstract

Abstract Corporate accountability remains marginal in transitional justice, despite growing evidence of economic actors’ complicity in armed conflicts. This article examines Colombia's transitional justice system to explain the persistent exclusion of corporate responsibility. Drawing on Robert Cover's concepts of nomos , narrative, and polynomia, it shows how state‑centric transitional justice scriptures legitimize the omission of economic dimensions. Colombia's Special Jurisdiction for Peace provides a revealing case; though it leads globally in judicial actions involving businesses, most complicit corporations remain untouched. Linking local practices to the global transitional justice scripture, the article argues that an internationally standardized nomos narrows transitional justice into jurispathic, state‑centred practices that confine knowledge, privilege law over politics, and cast economic actors as neutral. These entrenched normative structures hinder the practical translation of the emerging scholarly ‘corporate turn’. Colombia's experience thus exposes both the potential and the structural limitations of integrating corporate accountability into post‑conflict justice.

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Cite This Study

Line Jespersgaard Jakobsen (2026) studied this question.

synapsesocial.com/papers/6a8fe99110c91c1e92621372https://doi.org/10.1111/jols.70078
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