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Author: Jon Elster Publisher: Cambridge University Press ISBN: 1107320534 Category : Political Science Languages : en Pages : 323
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.
Author: Jon Elster Publisher: Cambridge University Press ISBN: 1107320534 Category : Political Science Languages : en Pages : 323
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.
Author: Jon Elster Publisher: Cambridge University Press ISBN: 9780521548540 Category : History Languages : en Pages : 316
Book Description
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.
Author: Charles P. Henry Publisher: NYU Press ISBN: 0814737412 Category : History Languages : en Pages : 260
Book Description
In the wake of recent successes in South Africa and New Zealand, new models for reparations have recently found traction in a number of American cities and states, from Dallas to Baltimore and Virginia to California. By looking at other dispossessed group - Native Americans, holocaust survivors, and Japanese internment victims in the 1940s - Henry shows how some groups have won the fight for reparations. As Hurricane Katrina made apparent, the legacy of racial segregation and economic disadvantage is never far below the surface in America. Long Overdue provides an up-to-date survey of the political and legislative efforts that are now breaking the surface to move reparations into the heart of our national discussion about race.
Author: Cristiano Paixão Publisher: Springer Nature ISBN: 3030675025 Category : Law Languages : en Pages : 323
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.
Author: Sergio Bitar Publisher: JHU Press ISBN: 142141760X Category : Political Science Languages : en Pages : 487
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.
Author: S. Winter Publisher: Springer ISBN: 1137316195 Category : Political Science Languages : en Pages : 280
Book Description
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.
Author: Jon Elster Publisher: Cambridge University Press ISBN: 9780521457217 Category : Philosophy Languages : en Pages : 372
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.
Author: Colleen Murphy Publisher: Cambridge University Press ISBN: 1108228607 Category : Law Languages : en Pages : 233
Book Description
Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
Author: Liviu Damşa Publisher: Springer ISBN: 331948530X Category : Law Languages : en Pages : 325
Book Description
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.
Author: Jon Elster
Author: Jon Elster
Author: Jon Elster
Author: Charles P. Henry
Author: Cristiano Paixão
Author: Sergio Bitar
Author: S. Winter
Author: Jon Elster
Author: Jon Elster
Author: Colleen Murphy
Author: Liviu Damşa