Regime Consolidation and Transitional Justice

Regime Consolidation and Transitional Justice
Author: Anja Mihr
Publisher: Cambridge University Press
Total Pages: 480
Release: 2018-01-18
Genre: Political Science
ISBN: 1108503659

Regime Consolidation and Transitional Justice explores the effect of transitional justice measures on 'regime consolidation', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey's long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always 'more' democratic than their predecessors and do not always enhance democracy post-regime consolidation.

Closing the Books

Closing the Books
Author: Jon Elster
Publisher: Cambridge University Press
Total Pages: 316
Release: 2004-09-06
Genre: History
ISBN: 9780521548540

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.

Post-Communist Transitional Justice

Post-Communist Transitional Justice
Author: Lavinia Stan
Publisher: Cambridge University Press
Total Pages: 357
Release: 2015-02-26
Genre: Law
ISBN: 1107065569

Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.

An Introduction to Transitional Justice

An Introduction to Transitional Justice
Author: Olivera Simić
Publisher: Routledge
Total Pages: 505
Release: 2016-11-25
Genre: Law
ISBN: 1317373774

An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.

Transitional Justice

Transitional Justice
Author: Ruti G. Teitel
Publisher: Oxford University Press
Total Pages: 305
Release: 2002-03-28
Genre: Law
ISBN: 019988224X

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Lustration and Transitional Justice

Lustration and Transitional Justice
Author: Roman David
Publisher: University of Pennsylvania Press
Total Pages: 328
Release: 2011-09-21
Genre: Political Science
ISBN: 0812205766

How do transitional democracies deal with officials who have been tainted by complicity with prior governments? Should they be excluded or should they be incorporated into the new system? In Lustration and Transitional Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. While the Czech Republic approved a lustration (vetting) law based on the traditional method of dismissals, Hungary and Poland devised alternative models that granted their tainted officials a second chance in exchange for truth. David classifies personnel systems as exclusive, inclusive, and reconciliatory; they are based on dismissal, exposure, and confession, respectively, and they represent three major classes of transitional justice. David argues that in addition to their immediate purposes, personnel systems carry symbolic meanings that help explain their origin and shape their effects. In their effort to purify public life, personnel systems send different ideological messages that affect trust in government and the social standing of former adversaries. Exclusive systems may establish trust at the expense of reconciliation, while inclusive and reconciliatory systems may promote both trust and reconciliation. In spite of its importance, the topic of inherited personnel has received only limited attention in research on transitional justice and democratization. Lustration and Transitional Justice is the first attempt to fill this gap. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in government, reconciliation, and collective memory.

Transitional Justice Theories

Transitional Justice Theories
Author: Susanne Buckley-Zistel
Publisher: Routledge
Total Pages: 239
Release: 2013-10-30
Genre: Law
ISBN: 1135055068

Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.

Skeletons in the Closet

Skeletons in the Closet
Author: Monika Nalepa
Publisher: Cambridge University Press
Total Pages: 329
Release: 2010-01-25
Genre: Political Science
ISBN: 0521514452

This book explores pacted transitions to democracy, in which former autocrats are granted amnesty in exchange for allowing free elections.

Democracy Without Justice in Spain

Democracy Without Justice in Spain
Author: Omar G. Encarnacion
Publisher: University of Pennsylvania Press
Total Pages: 236
Release: 2014-01-11
Genre: Political Science
ISBN: 0812209052

Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.

Between Peace and Conflict in the East and the West

Between Peace and Conflict in the East and the West
Author: Anja Mihr
Publisher: Springer Nature
Total Pages: 297
Release: 2021-08-05
Genre: Social Science
ISBN: 3030774899

This open access book features various studies on democratization, transformation, socio-economic development, and security issues in the Organization for Security and Cooperation in Europe (OSCE) geographical region and beyond. Written by experts and scholars working in the field of human dimension, security, transformation and development in Europe and Asia, particularly in post-soviet and communist countries, it examines the connectivity that the OSCE provides between the East and the West. The 2021 edition of this Compilation Series of the OSCE Academy presents studies on peace and conflict as well as political regime development in various member states of the OSCE as well as their economic, security and human rights performance and the challenges countries and society face currently. The OSCE is working in promoting Human Rights and Democratization under the notion of Human Dimension of ODIHR and is enhancing securitization and development policies in Eurasia, Europe, Central Asia and North America since 1991. 2021 marks the 30th anniversary on the tremendous efforts in promoting democracy, security and development. This compilation reviews some of these efforts in light of this anniversary, the achievements and shortcomings.