Retribution And Reparation In The Transition To Democracy

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Retribution and Reparation in the Transition to Democracy

Author : Jon Elster
Publisher : Cambridge University Press
ISBN 13 : 9781107320536
Total Pages : pages
Book Rating : 4.3/5 (25 download)

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Book Synopsis Retribution and Reparation in the Transition to Democracy by : Jon Elster

Download or read book Retribution and Reparation in the Transition to Democracy written by Jon Elster and published by Cambridge University Press. This book was released on 2006-05-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Closing the Books

Author : Jon Elster
Publisher : Cambridge University Press
ISBN 13 : 9780521548540
Total Pages : 316 pages
Book Rating : 4.5/5 (485 download)

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Book Synopsis Closing the Books by : Jon Elster

Download or read book Closing the Books written by Jon Elster and published by Cambridge University Press. This book was released on 2004-09-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Comparing Transitions to Democracy. Law and Justice in South America and Europe

Author : Cristiano Paixão
Publisher : Springer Nature
ISBN 13 : 3030675025
Total Pages : 323 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Comparing Transitions to Democracy. Law and Justice in South America and Europe by : Cristiano Paixão

Download or read book Comparing Transitions to Democracy. Law and Justice in South America and Europe written by Cristiano Paixão and published by Springer Nature. This book was released on 2021-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Political Justice in Budapest after World War II

Author : Andrea Pető
Publisher : Central European University Press
ISBN 13 : 9633860539
Total Pages : 136 pages
Book Rating : 4.6/5 (338 download)

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Book Synopsis Political Justice in Budapest after World War II by : Andrea Pető

Download or read book Political Justice in Budapest after World War II written by Andrea Pető and published by Central European University Press. This book was released on 2015-04-10 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Hungary, which fell under Soviet influence at the end of WWII, those who had participated in the wartime atrocities were tried by so called people's courts. This book analyses this process in an objective, quantitative way, contributing to the present timely discussion on the Hungarian war guilt. The authors apply a special focus on the gender aspect of the trials.

Democratic Transitions

Author : Sergio Bitar
Publisher : JHU Press
ISBN 13 : 142141760X
Total Pages : 487 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Democratic Transitions by : Sergio Bitar

Download or read book Democratic Transitions written by Sergio Bitar and published by JHU Press. This book was released on 2015-09-15 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of Acknowledgement

Author : Joanna R. Quinn
Publisher : UBC Press
ISBN 13 : 0774859598
Total Pages : 208 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Politics of Acknowledgement by : Joanna R. Quinn

Download or read book The Politics of Acknowledgement written by Joanna R. Quinn and published by UBC Press. This book was released on 2011-01-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights violations leave deep scars on people, societies, and nations. Rights groups argue that resolving past violence is necessary for a peaceful future. But how can nations ensure that instruments of transitional justice are the best path to reconciliation? This book develops a theoretical framework a framework of acknowledgement to evaluate truth commissions. Analysis of the difficulties encountered and the ultimate failure of truth commissions in Uganda and Haiti reveals that acknowledgement of past violence by both victims and perpetrators must come before goals such as forgiveness and social cohesion if reconciliation is to be achieved.

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.

Truth, Reparations and Social Cohesion

Author : Elisabeth Bunselmeyer
Publisher : Routledge
ISBN 13 : 1000045110
Total Pages : 167 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Truth, Reparations and Social Cohesion by : Elisabeth Bunselmeyer

Download or read book Truth, Reparations and Social Cohesion written by Elisabeth Bunselmeyer and published by Routledge. This book was released on 2020-02-25 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutionalism and Democracy

Author : Jon Elster
Publisher : Cambridge University Press
ISBN 13 : 9780521457217
Total Pages : 372 pages
Book Rating : 4.4/5 (572 download)

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Book Synopsis Constitutionalism and Democracy by : Jon Elster

Download or read book Constitutionalism and Democracy written by Jon Elster and published by Cambridge University Press. This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.

Just and Unjust Peace

Author : Daniel Philpott
Publisher : Oxford University Press
ISBN 13 : 0199969221
Total Pages : 368 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Just and Unjust Peace by : Daniel Philpott

Download or read book Just and Unjust Peace written by Daniel Philpott and published by Oxford University Press. This book was released on 2012-06-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2013 Christianity Today Book Award in Missions / Global Affairs Winner of the Aldersgate Prize Honorable Mention Winner of the 2014 International Studies Association International Ethics Section Book Award In the wake of massive injustice, how can justice be achieved and peace restored? Is it possible to find a universal standard that will work for people of diverse and often conflicting religious, cultural, and philosophical backgrounds? In Just and Unjust Peace, Daniel Philpott offers an innovative and hopeful response to these questions. He challenges the approach to peace-building that dominates the United Nations, western governments, and the human rights community. While he shares their commitments to human rights and democracy, Philpott argues that these values alone cannot redress the wounds caused by war, genocide, and dictatorship. Both justice and the effective restoration of political order call for a more holistic, restorative approach. Philpott answers that call by proposing a form of political reconciliation that is deeply rooted in three religious traditions--Christianity, Islam, and Judaism--as well as the restorative justice movement. These traditions offer the fullest expressions of the core concepts of justice, mercy, and peace. By adapting these ancient concepts to modern constitutional democracy and international norms, Philpott crafts an ethic that has widespread appeal and offers real hope for the restoration of justice in fractured communities. From the roots of these traditions, Philpott develops six practices--building just institutions and relations between states, acknowledgment, reparations, restorative punishment, apology and, most important, forgiveness--which he then applies to real cases, identifying how each practice redresses a unique set of wounds. Focusing on places as varied as Bosnia, Iraq, South Africa, Germany, Sierra Leone, Timor-Leste, Chile and many others--and drawing upon the actual experience of victims and perpetrators--Just and Unjust Peace offers a fresh approach to the age-old problem of restoring justice in the aftermath of widespread injustice.

Distributive Justice in Transitions

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081120
Total Pages : 442 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Distributive Justice in Transitions by : Morten Bergsmo

Download or read book Distributive Justice in Transitions written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters of this book explore, from different disciplinary perspectives, the relationship between transitional justice, distributive justice, and economic efficiency in the settlement of internal armed conflicts. They specifically discuss the role of land reform as an instrument of these goals, and examine how the balance between different perspectives has been attempted (or not) in selected cases of internal armed conflicts, and how it should be attempted in principle. Although most chapters closely examine the Colombian case, some provide a comparative perspective that includes countries in Latin America, Africa, and Eastern Europe, while others examine some of the more general, theoretical issues involved.

Research Handbook on Transitional Justice

Author : D Jacobs
Publisher : Edward Elgar Publishing
ISBN 13 : 178195531X
Total Pages : pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on Transitional Justice by : D Jacobs

Download or read book Research Handbook on Transitional Justice written by D Jacobs and published by Edward Elgar Publishing. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Allen Dulles, the OSS, and Nazi War Criminals

Author : Kerstin von Lingen
Publisher : Cambridge University Press
ISBN 13 : 1107025931
Total Pages : 339 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Allen Dulles, the OSS, and Nazi War Criminals by : Kerstin von Lingen

Download or read book Allen Dulles, the OSS, and Nazi War Criminals written by Kerstin von Lingen and published by Cambridge University Press. This book was released on 2013-09-30 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kerstin von Lingen shows how Nazi SS-General Karl Wolff avoided war crimes prosecution because of his role in "Operation Sunrise," negotiations conducted by high-ranking American, Swiss, and British officials - in violation of the Casablanca agreements with the Soviet Union - for the surrender of German forces in Italy. Von Lingen suggests that the Cold War started already with "Operation Sunrise," and helps us understand rollback operations thereafter: one was the failure of justice and selective prosecution for high ranking Nazi criminals. The Western Allies not only failed to ensure cooperation between their respective national war crimes prosecution organizations, but in certain cases even obstructed justice by withholding evidence from the prosecution.

Reparations and War

Author : Luke Moffett
Publisher : Oxford University Press
ISBN 13 : 0192865587
Total Pages : 337 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Reparations and War by : Luke Moffett

Download or read book Reparations and War written by Luke Moffett and published by Oxford University Press. This book was released on 2023-01-13 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.

Dealing with the Legacy of Authoritarianism

Author : Antonio Costa Pinto
Publisher : Routledge
ISBN 13 : 1317986431
Total Pages : 198 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Dealing with the Legacy of Authoritarianism by : Antonio Costa Pinto

Download or read book Dealing with the Legacy of Authoritarianism written by Antonio Costa Pinto and published by Routledge. This book was released on 2013-09-13 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the agenda of how to ‘deal with the past’ has become a central dimension of the quality of contemporary democracies. Many years after the process of authoritarian breakdown, consolidated democracies revisit the past either symbolically or to punish the elites associated with the previous authoritarian regimes. New factors, like international environment, conditionality, party cleavages, memory cycles and commemorations or politics of apologies, do sometimes bring the past back into the political arena. This book addresses such themes by dealing with two dimensions of authoritarian legacies in Southern European democracies: repressive institutions and human rights abuses. The thrust of this book is that we should view transitional justice as part of a broader ‘politics of the past’: an ongoing process in which elites and society under democratic rule revise the meaning of the past in terms of what they hope to achieve in the present. This book was published as a special issue of South European Society and Politics.

Reparations to Africa

Author : Rhoda E. Howard-Hassmann
Publisher : University of Pennsylvania Press
ISBN 13 : 151282173X
Total Pages : 268 pages
Book Rating : 4.5/5 (128 download)

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Book Synopsis Reparations to Africa by : Rhoda E. Howard-Hassmann

Download or read book Reparations to Africa written by Rhoda E. Howard-Hassmann and published by University of Pennsylvania Press. This book was released on 2018-04-13 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice Theories

Author : Susanne Buckley-Zistel
Publisher : Routledge
ISBN 13 : 1135055068
Total Pages : 228 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Transitional Justice Theories by : Susanne Buckley-Zistel

Download or read book Transitional Justice Theories written by Susanne Buckley-Zistel and published by Routledge. This book was released on 2013-10-30 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.