Retribution and Reparation in the Transition to Democracy

Retribution and Reparation in the Transition to Democracy PDF Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9781107320536
Category : Political Science
Languages : en
Pages :

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Book Description
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.

Retribution and Reparation in the Transition to Democracy

Retribution and Reparation in the Transition to Democracy PDF Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9781107320536
Category : Political Science
Languages : en
Pages :

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Book Description
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.

Closing the Books

Closing the Books PDF Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9780521548540
Category : History
Languages : en
Pages : 316

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Book Description
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Comparing Transitions to Democracy. Law and Justice in South America and Europe

Comparing Transitions to Democracy. Law and Justice in South America and Europe PDF Author: Cristiano Paixão
Publisher: Springer Nature
ISBN: 3030675025
Category : Law
Languages : en
Pages : 323

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Book Description
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.

Democratic Transitions

Democratic Transitions PDF Author: Sergio Bitar
Publisher: JHU Press
ISBN: 142141760X
Category : Political Science
Languages : en
Pages : 487

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Book Description
Thirteen former presidents and prime ministers discuss how they helped their countries end authoritarian rule and achieve democracy. National leaders who played key roles in transitions to democratic governance reveal how these were accomplished in Brazil, Chile, Ghana, Indonesia, Mexico, the Philippines, Poland, South Africa, and Spain. Commissioned by the International Institute for Democracy and Electoral Assistance (International IDEA), these interviews shed fascinating light on how repressive regimes were ended and democracy took hold. In probing conversations with Fernando Henrique Cardoso, Patricio Aylwin, Ricardo Lagos, John Kufuor, Jerry Rawlings, B. J. Habibie, Ernesto Zedillo, Fidel V. Ramos, Aleksander Kwasniewski, Tadeusz Mazowiecki, F. W. de Klerk, Thabo Mbeki, and Felipe González, editors Sergio Bitar and Abraham F. Lowenthal focused on each leader’s principal challenges and goals as well as their strategies to end authoritarian rule and construct democratic governance. Context-setting introductions by country experts highlight each nation’s unique experience as well as recurrent challenges all transitions faced. A chapter by Georgina Waylen analyzes the role of women leaders, often underestimated. A foreword by Tunisia’s former president, Mohamed Moncef Marzouki, underlines the book’s relevance in North Africa, West Asia, and beyond. The editors’ conclusion distills lessons about how democratic transitions have been and can be carried out in a changing world, emphasizing the importance of political leadership. This unique book should be valuable for political leaders, civil society activists, journalists, scholars, and all who want to support democratic transitions.

Political Justice in Budapest after World War II

Political Justice in Budapest after World War II PDF Author: Andrea Pető
Publisher: Central European University Press
ISBN: 9633860539
Category : Political Science
Languages : en
Pages : 136

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Book Description
In Hungary, which fell under Soviet influence at the end of WWII, those who had participated in the wartime atrocities were tried by so called people's courts. This book analyses this process in an objective, quantitative way, contributing to the present timely discussion on the Hungarian war guilt. The authors apply a special focus on the gender aspect of the trials.

The Politics of Acknowledgement

The Politics of Acknowledgement PDF Author: Joanna R. Quinn
Publisher: UBC Press
ISBN: 0774859598
Category : Political Science
Languages : en
Pages : 208

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Book Description
Human rights violations leave deep scars on people, societies, and nations. Rights groups argue that resolving past violence is necessary for a peaceful future. But how can nations ensure that instruments of transitional justice are the best path to reconciliation? This book develops a theoretical framework a framework of acknowledgement to evaluate truth commissions. Analysis of the difficulties encountered and the ultimate failure of truth commissions in Uganda and Haiti reveals that acknowledgement of past violence by both victims and perpetrators must come before goals such as forgiveness and social cohesion if reconciliation is to be achieved.

Constitutionalism and Democracy

Constitutionalism and Democracy PDF Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9780521457217
Category : Philosophy
Languages : en
Pages : 372

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Book Description
The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.

Transitional Justice in Post-Communist Romania

Transitional Justice in Post-Communist Romania PDF Author: Lavinia Stan
Publisher: Cambridge University Press
ISBN: 1107020530
Category : History
Languages : en
Pages : 311

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Book Description
This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.

Truth, Reparations and Social Cohesion

Truth, Reparations and Social Cohesion PDF Author: Elisabeth Bunselmeyer
Publisher: Routledge
ISBN: 1000045110
Category : Law
Languages : en
Pages : 167

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Book Description
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.

Just and Unjust Peace

Just and Unjust Peace PDF Author: Daniel Philpott
Publisher: Oxford University Press
ISBN: 0199969221
Category : Political Science
Languages : en
Pages : 368

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Book Description
Winner of the 2013 Christianity Today Book Award in Missions / Global Affairs Winner of the Aldersgate Prize Honorable Mention Winner of the 2014 International Studies Association International Ethics Section Book Award In the wake of massive injustice, how can justice be achieved and peace restored? Is it possible to find a universal standard that will work for people of diverse and often conflicting religious, cultural, and philosophical backgrounds? In Just and Unjust Peace, Daniel Philpott offers an innovative and hopeful response to these questions. He challenges the approach to peace-building that dominates the United Nations, western governments, and the human rights community. While he shares their commitments to human rights and democracy, Philpott argues that these values alone cannot redress the wounds caused by war, genocide, and dictatorship. Both justice and the effective restoration of political order call for a more holistic, restorative approach. Philpott answers that call by proposing a form of political reconciliation that is deeply rooted in three religious traditions--Christianity, Islam, and Judaism--as well as the restorative justice movement. These traditions offer the fullest expressions of the core concepts of justice, mercy, and peace. By adapting these ancient concepts to modern constitutional democracy and international norms, Philpott crafts an ethic that has widespread appeal and offers real hope for the restoration of justice in fractured communities. From the roots of these traditions, Philpott develops six practices--building just institutions and relations between states, acknowledgment, reparations, restorative punishment, apology and, most important, forgiveness--which he then applies to real cases, identifying how each practice redresses a unique set of wounds. Focusing on places as varied as Bosnia, Iraq, South Africa, Germany, Sierra Leone, Timor-Leste, Chile and many others--and drawing upon the actual experience of victims and perpetrators--Just and Unjust Peace offers a fresh approach to the age-old problem of restoring justice in the aftermath of widespread injustice.