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Author: Josep Maria Tamarit Sumalla
Publisher:
ISBN: 9781780681436
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Author: Josep Maria Tamarit Sumalla
Publisher:
ISBN: 9781780681436
Category : Criminal justice, Administration of
Languages : en
Pages : 0
Get Book Here
Book Description
This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Author: Anja Mihr
Publisher: Cambridge University Press
ISBN: 110842306X
Category : Justice, Administration of
Languages : en
Pages : 479
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Book Description
Introducton: research questions and spiral effect -- Methodology -- The concept of regime change and consolidation -- Transitional justice measures -- The case studies: Germany, Spain and Turkey -- Germany -- Regime consolidation through transitional justice
Author: Uladzislau Belavusau
Publisher: Cambridge University Press
ISBN: 1108101283
Category : Law
Languages : en
Pages : 461
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Book Description
Legal governance of memory has played a central role in establishing hegemony of monumental history, and has forged national identities and integration processes in Europe and beyond. In this book, a range of contributors explore both the nature and role of legal engagement into historical memory in selected national law, European and international law. They also reflect on potential conflicts between legal governance, political pluralism, and fundamental rights, such as freedom of expression. In recent years, there have been numerous monumental commemoration practices and judicial trials about correlated events all over the world, and this is a prime opportunity to undertake an important global comparative scrutiny of memory laws. Against the background of mass re-writing of history in different parts of the world, this book revisits a fascinating subject of memory laws from the standpoint of comparative law and transitional justice.
Author: Adrian Shubert
Publisher: Bloomsbury Publishing
ISBN: 147259200X
Category : History
Languages : en
Pages : 505
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Book Description
The History of Modern Spain is a comprehensive examination of Spain's history from the beginning of the 19th century to the present day. Bringing together an impressive group of leading figures and emerging scholars in the field from the UK, Canada, the United States, Spain and other European countries, the book innovatively combines a strong and clear political narrative with chapters exploring a wide range of thematic topics, such as gender, family and sexuality, nations and nationalism, empire, environment, religion, migrations and Spain in world history. The volume includes a series of biographical sketches of influential Spaniards from intellectual, cultural, economic and political spheres which provides an interesting, alternative way into understanding the last 220 years of Spanish history. The History of Modern Spain also has a glossary, a chronology and a further reading list. This is essential reading for all students of the modern history of Spain.
Author: Uladzislau Belavusau
Publisher: Cambridge University Press
ISBN: 110718875X
Category : History
Languages : en
Pages : 461
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Book Description
The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Author: Paloma Aguilar Fernández
Publisher: Berghahn Books
ISBN: 9781571817570
Category : History
Languages : en
Pages : 360
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Book Description
Using a rich variety of sources, this book explores how the historical memory of the Spanish Civil War influenced the transition to democracy in Spain after Franco's death in 1975.
Author: Roldan Jimeno
Publisher: Routledge
ISBN: 1351608614
Category : Law
Languages : en
Pages : 310
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Book Description
In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
Author: A. Kalunta-Crumpton
Publisher: Springer
ISBN: 0230283950
Category : Political Science
Languages : en
Pages : 361
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Book Description
This book provides a focused and critical international overview of the intersections between race, crime perpetration and victimization, and criminal justice policy and practice responses to crime perpetration and crime victimization.
Author: Jenny Wüstenberg
Publisher: Berghahn Books
ISBN: 1805394029
Category : History
Languages : en
Pages : 531
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Book Description
The dynamics of transnational memory play a central role in modern politics, from postsocialist efforts at transitional justice to the global legacies of colonialism. Yet, the relatively young subfield of transnational memory studies remains underdeveloped and fractured across numerous disciplines, even as nascent, boundary-crossing theories on topics such as multi-vocal, traveling, or entangled remembrance suggest new ways of negotiating difficult political questions. This volume brings together theoretical and practical considerations to provide transnational memory scholars with an interdisciplinary investigation into agency—the “who” and the “how” of cross-border commemoration that motivates activists and fascinates observers.
Author: Ofelia Ferrán
Publisher: Routledge
ISBN: 1317532953
Category : History
Languages : en
Pages : 384
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Book Description
This book provides a comprehensive, interdisciplinary study of the multiple legacies of Francoist violence in contemporary Spain, with a special focus on the exhumations of mass graves from the Civil War and post-war era. The various contributions frame their study within a broader reflection on the nature, function and legacies of state-sanctioned violence in its many forms. Offering perspectives from fields as varied as history, political science, literary and cultural studies, forensic and cultural anthropology, international human rights law, sociology, and art, this volume explores the multifaceted nature of a society’s reckoning with past violence. It speaks not only to those interested in contemporary Spain and Western Europe, but also to those studying issues of transitional and post-transitional justice in other national and regional contexts.
