Retribution And Reparation In The Transition To Democracy
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Retribution And Reparation In The Transition To Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 2006-05-08
Retribution And Reparation In The Transition To Democracy written by Jon Elster and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-05-08 with Political Science categories.
The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.
Comparing Transitions To Democracy Law And Justice In South America And Europe
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Author : Cristiano Paixão
language : en
Publisher: Springer Nature
Release Date : 2021-08-18
Comparing Transitions To Democracy Law And Justice In South America And Europe written by Cristiano Paixão and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-18 with Law categories.
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Transitional Justice In Established Democracies
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Author : S. Winter
language : en
Publisher: Springer
Release Date : 2014-03-21
Transitional Justice In Established Democracies written by S. Winter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-21 with Political Science categories.
Truth commissions, apologies, and reparations are just some of the transitional justice mechanisms embraced by established democracies. This groundbreaking exploration of political theory explains how these forms of state redress repair the damage state wrongdoing inflicts upon political legitimacy.
Reparations And War
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Author : Luke Moffett
language : en
Publisher: Oxford University Press
Release Date : 2023
Reparations And War written by Luke Moffett and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
For thousands of years, reparations have been used to alleviate the devastating consequences of war. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible it is to deliver reparations? And what are the obstacles?
The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe
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Author : Liviu Damşa
language : en
Publisher: Springer
Release Date : 2017-01-03
The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe written by Liviu Damşa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-03 with Law categories.
This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.
Research Handbook On Transitional Justice
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Author : Cheryl Lawther
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-06-30
Research Handbook On Transitional Justice written by Cheryl Lawther and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with Law categories.
Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.
The Routledge Handbook Of East European Politics
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Author : Adam Fagan
language : en
Publisher: Routledge
Release Date : 2017-08-15
The Routledge Handbook Of East European Politics written by Adam Fagan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-15 with Political Science categories.
The Routledge Handbook of East European Politics is an authoritative overview that will help a wide readership develop an understanding of the region in all its political, economic, and social complexity. Including Central Europe, the Baltic republics, South Eastern Europe, and the Western Balkans, as well as all the countries of the former Soviet Union, it is unrivalled in breadth and depth, affording a comprehensive overview of Eastern European politics provided by leading experts in the fields of comparative politics, international relations, and public administration. Through a series of cutting-edge articles, it seeks to explain and understand patterns of Eastern European politics today. The Routledge Handbook of East European Politics will be a key reference point both for advanced-level students developing knowledge about the subject, researchers producing new material in the area, and those interested and working in the fields of East European Politics, Russian Politics, EU Politics, and more broadly in European Politics, Comparative Politics, Democratization Studies, and International Relations.
Closing The Books
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 2004-09-06
Closing The Books written by Jon Elster and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-06 with History categories.
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
Truth Reparations And Social Cohesion
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Author : Elisabeth Bunselmeyer
language : en
Publisher: Routledge
Release Date : 2020-02-25
Truth Reparations And Social Cohesion written by Elisabeth Bunselmeyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-25 with Law categories.
This book addresses the effectiveness of transitional justice mechanisms for repairing social cohesion. Truth commissions and reparation programs are implemented worldwide to enhance social cohesion, peace and democracy in post-conflict settings. Most claims about transitional justice measures are, however, normatively and not empirically based.The book questions whether attention from a truth and reconciliation commission can truly change the lives of the violence-affected people and whether monetary compensations or communal projects in form of milk cows can ever truly "repair" the harm suffered. The within-country comparative case study analyzes the effects of the commission and reparation program in Peru. It studies the post-conflict situation and the development of social cohesion in communities affected by the internal armed conflict. Using detailed empirical data this analysis reveals why the "reparation" of social cohesion in Peru was an impossible task. Contributing to a broader understanding of the impact of nationally applied transitional justice instruments in local settings, the book further offers a new framework for analyzing social cohesion as one of the aims of transitional justice processes. Offering a detailed account of transitional justice processes and social cohesion on the micro level, as well as an important analysis of their relationship, this innovative monograph will be invaluable for transitional justice scholars and students, as well as for international political and societal actors who are involved in transitional justice measures.
The Politics Of Acknowledgement
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Author : Joanna R. Quinn
language : en
Publisher: UBC Press
Release Date : 2011-01-01
The Politics Of Acknowledgement written by Joanna R. Quinn and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
Human rights violations leave deep scars on people, societies, and nations. Since the early 1990s, international rights groups have argued that resolving the violence of the past through instruments of transitional justice such as truth commissions is a necessary condition for a peaceful future. But how can nations ensure that these tribunals are the best path to reconciliation? The Politics of Acknowledgement develops a theoretical framework of acknowledgement with which to evaluate truth commissions. Rather than applying this framework to successful tribunals, Joanna Quinn uses it to analyze the difficulties encountered and the ultimate failure of two poorly understood truth commissions in Uganda and Haiti. The failure of these commissions reveals that if reconciliation is to be achieved, acknowledgement of past violence and harm – by both victims and perpetrators – must come before goals such as forgiveness, social trust, civic engagement, and social cohesion.