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This is a qualitative analysis with focus on colonialism theory and the empirical case of South Africa and East Timor. It is written within the genre of contemporary history, but the subject matter of transitional justice also necessitates walks into other social sciences, most notably political science and law. Moreover, Foucauldian discourse analysis serve the tool to do the analytical parts. Stephen Ball contends that “the point about theory is not that it is simply critical” and that theory in educational research should be “to engage in struggle, to reveal and undermine what is most invisible and insidious in prevailing practices”. Discourse analysis that draws on the work of Foucault is well placed to do this. Formation of discourse in the sense of Foucault has Discursive formation, in the sense of Foucault it has four essential characteristics; these are statements that
referring to the same object, are articulated in the same way, share a common system of conceptualisations and have similar subjects or theories. Rather than focusly giving a specific meaning to these units, this function relates them to field of objects, instead of providing them with a certain subject, it opens
up for them a number of possible subjective positions; instead of fixing their limits it places them in a domain of coordination and coexistence; instead of determining
their identity, it places them in a space in which they are used and repeated (Foucault 1072:106).

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