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.
Retribution and Reparation in the Transition to Democracy
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.
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.
Comparing Transitions to Democracy. Law and Justice in South America and Europe
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.
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.
Democratic Transitions
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 Kwaśniewski, 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.
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 Kwaśniewski, 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.
Reparations to Africa
Author: Rhoda E. Howard-Hassmann
Publisher: University of Pennsylvania Press
ISBN: 151282173X
Category : Political Science
Languages : en
Pages : 268
Book Description
What is the just measure of Western obligations to Africa? As Africans and their supporters mark the 200th anniversary of the abolition of the slave trade in the United States and Great Britain, the question becomes increasingly salient. Calls for reparations for the evils of slavery, as well as for past colonial and current economic and political abuses, can be heard across Africa and the African diaspora. Human rights scholar Rhoda E. Howard-Hassmann examines these calls for redress in Reparations to Africa. Her study analyzes the reparations movement from the perspectives of law, philosophy, political science, and sociology. While acknowledging the brutal background of the slave trade and colonialism, and the mistreatment of the peoples of Africa, Howard-Hassmann finds that the complexity of this history, along with facts of the contemporary situation, weakens the case for financial compensation, although she does recommend acknowledgment of, and apologies for, some actions. The book not only provides a bold reckoning of the root causes, both internal and external, of African underdevelopment and unrest but also suggests alternative means for restorative justice and examines the role that institutions such as the International Criminal Court can play. By including the voices of 74 African academics, diplomats, and activists interviewed by Howard-Hassmann and Anthony P. Lombardo, Reparations to Africa makes a valuable contribution to the reparations debate. In an emotionally and politically charged postcolonial environment, this book serves as a judicious guide to the search for economic justice for Africans today and into the future.
Publisher: University of Pennsylvania Press
ISBN: 151282173X
Category : Political Science
Languages : en
Pages : 268
Book Description
What is the just measure of Western obligations to Africa? As Africans and their supporters mark the 200th anniversary of the abolition of the slave trade in the United States and Great Britain, the question becomes increasingly salient. Calls for reparations for the evils of slavery, as well as for past colonial and current economic and political abuses, can be heard across Africa and the African diaspora. Human rights scholar Rhoda E. Howard-Hassmann examines these calls for redress in Reparations to Africa. Her study analyzes the reparations movement from the perspectives of law, philosophy, political science, and sociology. While acknowledging the brutal background of the slave trade and colonialism, and the mistreatment of the peoples of Africa, Howard-Hassmann finds that the complexity of this history, along with facts of the contemporary situation, weakens the case for financial compensation, although she does recommend acknowledgment of, and apologies for, some actions. The book not only provides a bold reckoning of the root causes, both internal and external, of African underdevelopment and unrest but also suggests alternative means for restorative justice and examines the role that institutions such as the International Criminal Court can play. By including the voices of 74 African academics, diplomats, and activists interviewed by Howard-Hassmann and Anthony P. Lombardo, Reparations to Africa makes a valuable contribution to the reparations debate. In an emotionally and politically charged postcolonial environment, this book serves as a judicious guide to the search for economic justice for Africans today and into the future.
Closing the Books
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.
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.
Transitional Justice in Established Democracies
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.
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.
Truth, Reparations and Social Cohesion
Author: Elisabeth Bunselmeyer
Publisher: Routledge
ISBN: 1000045110
Category : Law
Languages : en
Pages : 179
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.
Publisher: Routledge
ISBN: 1000045110
Category : Law
Languages : en
Pages : 179
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.
The Politics of Acknowledgement
Author: Joanna R. Quinn
Publisher: UBC Press
ISBN: 0774859598
Category : Political Science
Languages : en
Pages : 208
Book Description
Human rights violations leave deep scars on people, societies, and nations. Since the early 1990s, international rights groups have argued that resolving the violence of the past through instruments of transitional justice such as truth commissions is a necessary condition for a peaceful future. But how can nations ensure that these tribunals are the best path to reconciliation? The Politics of Acknowledgement develops a theoretical framework of acknowledgement with which to evaluate truth commissions. Rather than applying this framework to successful tribunals, Joanna Quinn uses it to analyze the difficulties encountered and the ultimate failure of two poorly understood truth commissions in Uganda and Haiti. The failure of these commissions reveals that if reconciliation is to be achieved, acknowledgement of past violence and harm – by both victims and perpetrators – must come before goals such as forgiveness, social trust, civic engagement, and social cohesion.
Publisher: UBC Press
ISBN: 0774859598
Category : Political Science
Languages : en
Pages : 208
Book Description
Human rights violations leave deep scars on people, societies, and nations. Since the early 1990s, international rights groups have argued that resolving the violence of the past through instruments of transitional justice such as truth commissions is a necessary condition for a peaceful future. But how can nations ensure that these tribunals are the best path to reconciliation? The Politics of Acknowledgement develops a theoretical framework of acknowledgement with which to evaluate truth commissions. Rather than applying this framework to successful tribunals, Joanna Quinn uses it to analyze the difficulties encountered and the ultimate failure of two poorly understood truth commissions in Uganda and Haiti. The failure of these commissions reveals that if reconciliation is to be achieved, acknowledgement of past violence and harm – by both victims and perpetrators – must come before goals such as forgiveness, social trust, civic engagement, and social cohesion.
Historical Dictionary of Human Rights
Author: Jacques Fomerand
Publisher: Rowman & Littlefield
ISBN: 0810880350
Category : Political Science
Languages : en
Pages : 847
Book Description
This dictionary has more than 1000 cross-referenced entries on terminology, conventions, treaties, intergovernmental organizations in the United Nations family or regional bodies, and the constantly expanding universe of non-governmental organizations, as well as some of the pioneers and defenders of human rights.
Publisher: Rowman & Littlefield
ISBN: 0810880350
Category : Political Science
Languages : en
Pages : 847
Book Description
This dictionary has more than 1000 cross-referenced entries on terminology, conventions, treaties, intergovernmental organizations in the United Nations family or regional bodies, and the constantly expanding universe of non-governmental organizations, as well as some of the pioneers and defenders of human rights.
Justice Framed
Author: Marcos Zunino
Publisher: Cambridge University Press
ISBN: 1108475256
Category : Law
Languages : en
Pages : 325
Book Description
A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.
Publisher: Cambridge University Press
ISBN: 1108475256
Category : Law
Languages : en
Pages : 325
Book Description
A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.