Dictatorship, Democracy, and Transitional Justice in Global Legal History PDF Download
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Author: Ignacio Czeguhn
Publisher: Duncker & Humblot
ISBN: 3428585798
Category : Law
Languages : en
Pages : 214
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Book Description
The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.
Author: Ignacio Czeguhn
Publisher: Duncker & Humblot
ISBN: 3428585798
Category : Law
Languages : en
Pages : 214
Get Book Here
Book Description
The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.
Author: Elin Skaar
Publisher: Routledge
ISBN: 1317526201
Category : Law
Languages : en
Pages : 353
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Book Description
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
Author: Devin O. Pendas
Publisher: Cambridge University Press
ISBN: 1108915957
Category : History
Languages : en
Pages : 235
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Book Description
Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.
Author: Ignacio Czeguhn
Publisher:
ISBN: 9783428185795
Category :
Languages : de
Pages : 0
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Book Description
Author: Neil J. Kritz
Publisher: US Institute of Peace Press
ISBN: 9781878379436
Category : Law
Languages : en
Pages : 644
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Book Description
Foreword - Nelson Mandela
Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 0199728011
Category : Law
Languages : en
Pages : 305
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Book Description
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.
Author: Vladimir Tismaneanu
Publisher: Central European University Press
ISBN: 963386092X
Category : History
Languages : en
Pages : 517
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Book Description
The twentieth century has left behind a painful and complicated legacy of massive trauma, monstrous crimes, radical social engineering, creating collective/individual guilt syndromes that were often specters haunting the process of democratization in the various societies that have emerged out of these profoundly de-structuring contexts, such as Germany, Romania, Russia and others.
Author: Manfred Berg
Publisher: Cambridge University Press
ISBN: 0521876834
Category : History
Languages : en
Pages : 318
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Book Description
This book makes a valuable contribution to debates on redress for historical injustices by offering case studies from nine countries on five continents. The contributors examine the problems of material restitution, criminal justice, apologies, recognition, memory and reconciliation in national contexts as well as from a comparative perspective. Among the topics discussed are the claims for reparations for slavery in the United States, West German restitution for the Holocaust, the South African Truth and Reconciliation Commission, the efforts to prosecute the perpetrators of the Khmer Rouge's mass murders in Cambodia and the struggles of the indigenous people of Australia and New Zealand. The book highlights the diversity of the ways societies have tried to right past wrongs as the demand for historical justice has become universal.
Author: Cath Collins
Publisher: Penn State Press
ISBN: 0271036877
Category : Political Science
Languages : en
Pages : 293
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Book Description
"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.
Author: Sheri Berman
Publisher: Oxford University Press
ISBN: 0199373205
Category : Political Science
Languages : en
Pages : 561
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Book Description
At the end of the twentieth century, many believed the story of European political development had come to an end. Modern democracy began in Europe, but for hundreds of years it competed with various forms of dictatorship. Now, though, the entire continent was in the democratic camp for the first time in history. But within a decade, this story had already begun to unravel. Some of the continent's newer democracies slid back towards dictatorship, while citizens in many of its older democracies began questioning democracy's functioning and even its legitimacy. And of course it is not merely in Europe where democracy is under siege. Across the globe the immense optimism accompanying the post-Cold War democratic wave has been replaced by pessimism. Many new democracies in Latin America, Africa, and Asia began "backsliding," while the Arab Spring quickly turned into the Arab winter. The victory of Donald Trump led many to wonder if it represented a threat to the future of liberal democracy in the United States. Indeed, it is increasingly common today for leaders, intellectuals, commentators and others to claim that rather than democracy, some form dictatorship or illiberal democracy is the wave of the future. In Democracy and Dictatorship in Europe, Sheri Berman traces the long history of democracy in its cradle, Europe. She explains that in fact, just about every democratic wave in Europe initially failed, either collapsing in upon itself or succumbing to the forces of reaction. Yet even when democratic waves failed, there were always some achievements that lasted. Even the most virulently reactionary regimes could not suppress every element of democratic progress. Panoramic in scope, Berman takes readers through two centuries of turmoil: revolution, fascism, civil war, and - -finally -- the emergence of liberal democratic Europe in the postwar era. A magisterial retelling of modern European political history, Democracy and Dictatorship in Europe not explains how democracy actually develops, but how we should interpret the current wave of illiberalism sweeping Europe and the rest of the world.
