Retribution And Reparation In The Transition To Democracy
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| Author | : Jon Elster |
| Publisher | : Cambridge University Press |
| Total Pages | : 323 |
| Release | : 2006-05-08 |
| Genre | : Political Science |
| ISBN | : 1107320534 |
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 | : Cristiano Paixão |
| Publisher | : Springer Nature |
| Total Pages | : 323 |
| Release | : 2021-10-01 |
| Genre | : Law |
| ISBN | : 3030675025 |
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 |
| Total Pages | : 487 |
| Release | : 2015-09-15 |
| Genre | : Political Science |
| ISBN | : 142141760X |
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 |
| Total Pages | : 280 |
| Release | : 2014-03-21 |
| Genre | : Political Science |
| ISBN | : 1137316195 |
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 |
| 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.
| Author | : Elisabeth Bunselmeyer |
| Publisher | : Routledge |
| Total Pages | : 179 |
| Release | : 2020-02-25 |
| Genre | : Law |
| ISBN | : 1000045110 |
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.
| Author | : Liviu Damşa |
| Publisher | : Springer |
| Total Pages | : 325 |
| Release | : 2017-01-03 |
| Genre | : Law |
| ISBN | : 331948530X |
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 | : Mercedes S. Hinton |
| Publisher | : Routledge |
| Total Pages | : 327 |
| Release | : 2008-09-25 |
| Genre | : Political Science |
| ISBN | : 1134088728 |
There are enormous challenges in establishing policing systems in young democracies. Such societies typically have a host of unresolved pressing social, economic and political questions that impinge on policing and the prospects for reform. There are a series of hugely important questions arising in this context, to do with the emergence of the new security agenda, the problems of transnational crime and international terrorism, the rule of law and the role of the police, security services and the military. This is a field that is not only of growing academic interest but is now the focus of a very significant police reform ‘industry’. Development agencies and entrepreneurs are involved around the globe in attempts to establish democratic police reforms in countries with little or no history of such activity. Consequently, there is a growing literature in this field, but as yet no single volume that brings together the central developments. This book gathers together scholars from political science, international relations and criminology to focus on the issues raised by policing within developing democracies examining countries in Eastern Europe, Asia, South America and Africa.
| Author | : Cheryl Lawther |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 567 |
| Release | : 2017-06-30 |
| Genre | : Law |
| ISBN | : 178195531X |
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.
| Author | : Joanna R. Quinn |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 237 |
| Release | : 2021-05-28 |
| Genre | : Political Science |
| ISBN | : 0812299639 |
Transitional justice, commonly defined as the process of confronting the legacies of past human rights abuses and atrocities, often does not produce the kinds of results that are imagined. In multiethnic, divided societies like Uganda, people who have not been directly affected by harm, atrocity, and abuse go about their daily lives without ever confronting what happened in the past. When victims and survivors raise their voices to ask for help, or when plans are announced to address that harm, it is this unaffected population that see such plans as pointless. They complain about what they perceive as the "needless" time and money that will be spent to fix something that they see as unimportant and, ultimately, block any restorative processes. Joanna R. Quinn spent twenty years working in Uganda and uses its particular case as a lens through which she examines the failure of deeply divided societies to acknowledge the past. She proposes that the needed remedy is the development of a very rudimentary understanding—what she calls "thin sympathy"—among individuals in each of the different factions and groups of the other's suffering prior to establishing any transitional justice process. Based on 440 extensive interviews with elites and other thought leaders in government, traditional institutions, faith groups, and NGOs, as well as with women and children throughout the country, Thin Sympathy argues that the acquisition of a basic understanding of what has taken place in the past will enable the development of a more durable transitional justice process.
