The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe

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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.
Law Populism And The Political In Central And Eastern Europe
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Author : Rafał Mańko
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-05
Law Populism And The Political In Central And Eastern Europe written by Rafał Mańko and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-05 with Law categories.
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
Introduction The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe In Search Of A Theory
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Author : Liviu Damsa
language : en
Publisher:
Release Date : 2017
Introduction The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe In Search Of A Theory written by Liviu Damsa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The arguments I present i ...
Populating No Man S Land
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Author : János Matyas Kovács
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2018-09-15
Populating No Man S Land written by János Matyas Kovács and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-15 with Business & Economics categories.
This edited volume opening the new series Revisiting Communism: Collectivist Economic Thought in Historical Perspective focuses on the concepts of ownership, the cornerstone of political economy in Soviet-type societies. The authors’ main objective is to contribute to the still unwritten chapter on collectivism in the history books of modern economic thought. They trace the lengthy evolution of economic ideas of property reform under communism leading from the doctrine of blanket nationalization to projects of moderate privatization in eight countries of Eastern Europe and China. The comparative analysis sheds light upon the tireless attempts of reform-minded economists in communist countries to populate the no man’s land of “social property” with quasi-private economic actors such as bodies of workers’ self-management and managers of state-owned companies. For a long time, these were expected to crowd out the communist nomenklatura from its actual ownership position without challenging the primacy of collective property rights. The fact that even the most radical reformers came to the conclusion that such surrogate owners would not be able to break the power of the ruling elite only on the eve of the 1989 revolutions demonstrates the immense strength of collectivist ideas. The authors coin the term “trap of collectivism” to warn those demanding nationalization or other forms of non-private ownership today: it is rather easy, even with the best intentions, to walk into this trap but it may take long decades to break out from it.
Dealing With Totalitarian Regimes And Human Rights
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Author : Max-Emanuel Geis
language : en
Publisher: Springer Nature
Release Date : 2024-06-29
Dealing With Totalitarian Regimes And Human Rights written by Max-Emanuel Geis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-29 with Law categories.
This book delves into the intertwined narratives of Poland and Germany's post-war experiences, shedding light on their shared trauma from World War II and subsequent confrontations with communism. Authored by scholars from Faculty of Law and Administration, University of Warsaw and Law School of Friedrich-Alexander University Erlangen-Nuremberg, it opens a critical dialogue about the nations' efforts to recover from war, dictatorship, and human rights abuses. From constitutional law to criminal justice, the chapters explore diverse facets of their shared history, offering fresh insights and reflections. This collaborative effort culminates in a comprehensive analysis of post-war politics and legal frameworks, providing valuable perspectives on transitional justice and human rights protection. Through meticulous research and interdisciplinary discourse, the book aims to deepen Polish-German friendship, foster academic cooperation, and honor the memory of past generations while envisioning a future rooted in the rule of law, human rights, and peace for both nations and Europe as a whole. Through insightful contributions and meticulous research, it navigates complex legal and political landscapes, providing valuable insights into the challenges and opportunities inherent in navigating the legacies of war, dictatorship, and human rights abuses. It reflects on the profound implications of historical events, such as the Treaty of Versailles and the Nuremberg Trials, on legal and political landscapes. Through detailed examinations of institutional transformations and legal frameworks, it highlights the challenges of confronting past injustices and shaping future trajectories.
Movement Of The People
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Author : Mary N. Taylor
language : en
Publisher: Indiana University Press
Release Date : 2021-08-31
Movement Of The People written by Mary N. Taylor and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Social Science categories.
Since 1990, thousands of Hungarians have vacationed at summer camps devoted to Hungarian folk dance in the Transylvanian villages of neighboring Romania. This folk tourism and connected everyday practices of folk dance revival take place against the backdrop of an increasingly nationalist political environment in Hungary. In Movement of the People, Mary N. Taylor takes readers inside the folk revival movement known as dancehouse (táncház) that sustains myriad events where folk dance is central and championed by international enthusiasts and UNESCO. Contextualizing táncház in a deeper history of populism and nationalism, Taylor examines the movement's emergence in 1970s socialist institutions, its transformation through the postsocialist period, and its recent recognition by UNESCO as a best practice of heritage preservation. Approaching the populist and popular practices of folk revival as a form of national cultivation, Movement of the People interrogates the everyday practices, relationships, institutional contexts, and ideologies that contribute to the making of Hungary's future, as well as its past.
Justice Framed
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Author : Marcos Zunino
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-14
Justice Framed written by Marcos Zunino 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 2019-03-14 with Law categories.
A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.
Research Handbook On Foreign Direct Investment
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Author : Markus Krajewski
language : en
Publisher: Edward Elgar Publishing
Release Date :
Research Handbook On Foreign Direct Investment written by Markus Krajewski 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 with Commercial treaties categories.
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
The European Court Of Human Rights In The Post Cold War Era
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Author : James A. Sweeney
language : en
Publisher: Routledge
Release Date : 2013-01-17
The European Court Of Human Rights In The Post Cold War Era written by James A. Sweeney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-17 with Law categories.
The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.
Property In The Margins
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Author : A J van der Walt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-05-29
Property In The Margins written by A J van der Walt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-29 with Law categories.
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.