Lustration And Transitional Justice

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Lustration and Transitional Justice

Author : Roman David
Publisher : University of Pennsylvania Press
ISBN 13 : 0812205766
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Lustration and Transitional Justice by : Roman David

Download or read book Lustration and Transitional Justice written by Roman David and published by University of Pennsylvania Press. This book was released on 2011-09-21 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 in Balance

Author : Tricia D. Olsen
Publisher : United States Institute of Peace Press
ISBN 13 : 9781601270535
Total Pages : 0 pages
Book Rating : 4.2/5 (75 download)

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Book Synopsis Transitional Justice in Balance by : Tricia D. Olsen

Download or read book Transitional Justice in Balance written by Tricia D. Olsen and published by United States Institute of Peace Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.

An Introduction to Transitional Justice

Author : Olivera Simić
Publisher : Taylor & Francis
ISBN 13 : 1317373782
Total Pages : 333 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis An Introduction to Transitional Justice by : Olivera Simić

Download or read book An Introduction to Transitional Justice written by Olivera Simić and published by Taylor & Francis. This book was released on 2016-11-25 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Building Trust and Democracy

Author : Cynthia M. Horne
Publisher : Oxford University Press
ISBN 13 : 0192511807
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Building Trust and Democracy by : Cynthia M. Horne

Download or read book Building Trust and Democracy written by Cynthia M. Horne and published by Oxford University Press. This book was released on 2017-04-28 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the effects of transitional justice measures on trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union over the period 19892012. The author argues that transitional justice measures have a differentiated impact on political and social trust-building, supporting some aspects of political trust and undermining other aspects of social trust. Moreover, the structure, scope, timing, and implementation of transitional justice measures condition outcomes. More expansive and compulsory institutional change mechanisms register the largest effects, with limited and voluntary change mechanisms having a diminished effect, and more informal and largely symbolic measures having the most attenuated effect. These differentiated and conditional effects are also evident with respect to transition goals like supporting democratic consolidation and reducing corruption, since these goals respond differently to the mixtures of institutional and symbolic reforms found in transitional justice programs. The author develops an original transitional justice typology in order to test hypotheses linking trust-building and transitional justice across twelve cases in the post-communist region. The resulting new datasets allow for a quantitative examination of the relationship between different types of transitional justice programs and a range of possible state building and societal reconciliation goals, including political trust-building, social trust-building, democratization, the strengthening of civil society, the promotion of government effectiveness, and the reduction of corruption. Comparative case studies of four transitional justice programs-Hungary, Romania, Poland, and Bulgariadraw on field work, primary and historical documents, and interview materials to explicate trust-building dynamics, with particular attention to regime complicity challenges, historical memory issues, and communist legacies. Oxford Studies in Democratization is a series for scholars and students of comparative politics and related disciplines. Volumes concentrate on the comparative study of the democratization process that accompanied the decline and termination of the cold war. The geographical focus of the series is primarily Latin America, the Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia. The series editor is Laurence Whitehead, Senior Research Fellow, Nuffield College, University of Oxford.

Constitutionalizing Transitional Justice

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
ISBN 13 : 042999883X
Total Pages : 263 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Constitutionalizing Transitional Justice by : Cheng-Yi Huang

Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

Post-Communist Transitional Justice

Author : Lavinia Stan
Publisher : Cambridge University Press
ISBN 13 : 1316272664
Total Pages : 357 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Post-Communist Transitional Justice by : Lavinia Stan

Download or read book Post-Communist Transitional Justice written by Lavinia Stan and published by Cambridge University Press. This book was released on 2015-02-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking stock of the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the serious human rights violations of past regimes. It focuses on the most important factors that have shaped the nature, speed, and sequence of transitional justice programs in the period spanning the revolutions that brought about the collapse of the communist dictatorships and the consolidation of new democratic regimes. Contributors explain why leaders made certain choices, discuss the challenges they faced, and explore the role of under-studied actors and grassroots strategies. Written by recognized experts with an unparalleled grasp of the region's communist and post-communist reality, this volume addresses far-reaching reckoning, redress, and retribution policy choices. It is an engaging, carefully crafted volume, which covers a wide variety of cases and discusses key transitional justice theories using both qualitative and quantitative research methods.

United States Law and Policy on Transitional Justice

Author : Zachary D. Kaufman
Publisher : Oxford University Press
ISBN 13 : 0190668415
Total Pages : 384 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis United States Law and Policy on Transitional Justice by : Zachary D. Kaufman

Download or read book United States Law and Policy on Transitional Justice written by Zachary D. Kaufman and published by Oxford University Press. This book was released on 2017-01-02 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe

Author : Vladimíra Dvořáková
Publisher : CPI/PSRC
ISBN 13 : 9537022188
Total Pages : 233 pages
Book Rating : 4.5/5 (37 download)

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Book Synopsis Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe by : Vladimíra Dvořáková

Download or read book Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe written by Vladimíra Dvořáková and published by CPI/PSRC. This book was released on 2007 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice and the Former Soviet Union

Author : Cynthia M. Horne
Publisher : Cambridge University Press
ISBN 13 : 1107198135
Total Pages : 441 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Transitional Justice and the Former Soviet Union by : Cynthia M. Horne

Download or read book Transitional Justice and the Former Soviet Union written by Cynthia M. Horne and published by Cambridge University Press. This book was released on 2018-02-22 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of the efforts of state and non-state actors in the former Soviet Union to redress the past.

Assessing the Impact of Transitional Justice

Author : Hugo Van der Merwe
Publisher : US Institute of Peace Press
ISBN 13 : 1601270364
Total Pages : 348 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Assessing the Impact of Transitional Justice by : Hugo Van der Merwe

Download or read book Assessing the Impact of Transitional Justice written by Hugo Van der Merwe and published by US Institute of Peace Press. This book was released on 2009 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.

Transitional Justice

Author : Ruti G. Teitel
Publisher : Oxford University Press
ISBN 13 : 019988224X
Total Pages : 404 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Transitional Justice by : Ruti G. Teitel

Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2002-03-28 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice in Poland

Author : Frances Millard
Publisher : Bloomsbury Publishing
ISBN 13 : 0755601343
Total Pages : 273 pages
Book Rating : 4.7/5 (556 download)

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Book Synopsis Transitional Justice in Poland by : Frances Millard

Download or read book Transitional Justice in Poland written by Frances Millard and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study of the mechanisms of transitional justice in Poland, Frances Millard asks: How does society come to terms with its past? How should it punish the perpetrators of oppression and acknowledge its victims? In the former communist countries of Central and Eastern Europe the task of answering these questions came down to the need to eliminate the communist parties' hold over the state, the economy and society in order to move towards democracy. Millard argues that the key step in achieving this was uncovering the truth about the previous regime's past, prosecuting the perpetrators of past crimes and providing compensation and restitution for its victims. Through the specific case of Poland, Millard provides a comprehensive assessment of the mechanisms and institutions used to achieve this, such as lustration, law enforcement through a Constitutional Tribunal and institutions dedicated to dealing with the past such as the Institute of National Remembrance. Crucially, these processes have assumed new significance in recent years after the Law and Justice Party came to power in 2015, using transitional justice as a tool of political control which has enabled the restructuring of Polish democracy.

Research Handbook on Transitional Justice

Author : Cheryl Lawther
Publisher : Edward Elgar Publishing
ISBN 13 : 180220251X
Total Pages : 547 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on Transitional Justice by : Cheryl Lawther

Download or read book Research Handbook on Transitional Justice written by Cheryl Lawther and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.

Transitional Justice

Author : Hakeem O. Yusuf
Publisher : Routledge
ISBN 13 : 1317642546
Total Pages : 235 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Transitional Justice by : Hakeem O. Yusuf

Download or read book Transitional Justice written by Hakeem O. Yusuf and published by Routledge. This book was released on 2021-09-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.

Transitional Justice in Post-Communist Romania

Author : Lavinia Stan
Publisher : Cambridge University Press
ISBN 13 : 1107020530
Total Pages : 311 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Transitional Justice in Post-Communist Romania by : Lavinia Stan

Download or read book Transitional Justice in Post-Communist Romania written by Lavinia Stan and published by Cambridge University Press. This book was released on 2013 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.

Transitional Justice

Author : Neil J. Kritz
Publisher : US Institute of Peace Press
ISBN 13 : 9781878379443
Total Pages : 836 pages
Book Rating : 4.3/5 (794 download)

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Book Synopsis Transitional Justice by : Neil J. Kritz

Download or read book Transitional Justice written by Neil J. Kritz and published by US Institute of Peace Press. This book was released on 1995 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: KGB Files and Agents.

Transitional Justice in Post-Revolutionary Tunisia (2011–2013)

Author : Domenica Preysing
Publisher : Springer
ISBN 13 : 3658120126
Total Pages : 190 pages
Book Rating : 4.6/5 (581 download)

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Book Synopsis Transitional Justice in Post-Revolutionary Tunisia (2011–2013) by : Domenica Preysing

Download or read book Transitional Justice in Post-Revolutionary Tunisia (2011–2013) written by Domenica Preysing and published by Springer. This book was released on 2016-01-28 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domenica Preysing offers a critical reading of “transitional justice” that focuses on political dynamics in post-revolutionary Tunisia, from the ouster of president Ben Ali in January 2011 until the adoption of transitional justice bill in December 2013. She explores the role, structure and characteristics of evolving transitional justice policy discourse to provide a better understanding of how, by who, and to what effect the policy label “transitional justice” is progressively filled with meaning. She shows that conflicting interpretations of both the past and the present have been both deeply embedded in and an expression of the dynamic context of domestic political transformation, as old and new elites struggle over the political identity and direction of post-Ben Ali Tunisia.