Chapter 4 considers power as essential to understanding who is legally liable and who is socially and politically responsible, for addressing historical-structural injustices. The chapter outlines competing conceptions of power, preferring and applying political scientist Mark Haugaard’s four-dimensional conception of power to address the complexities of historical-structural injustices, namely power as agency, structure, epistemic, and ontological power. The chapter then examines the role of national and religious myths as justification narratives that maintain existing distributions and structures of power and construct limitations in addressing the past in transitional justice. As a result, it argues that changes in the distribution of power are central to addressing historical-structural injustices, which have coalesced to form national and religious myths that support the existing distributions of power and modern national and religious identities.

This chapter introduces the mechanisms of deliberate or coincidental 'othering' of immigrants through law and the application of law. It starts by introducing what 'othering' means and then transplants the findings into the context of legislation and law. The chapter emphasizes the systemic 'otherness' of immigrants in a legal system defined by the nation state. Citizens are per definition in the in-group, whereas foreigners are per definition in the out-group. The chapter also addresses how the differentiation between foreigner and citizen is more complicated in the EU with its EU citizenship and free-movement rights. The chapter addresses the role of law as an amplifier of 'otherness' or as a tool for the inclusion of immigrants.