Dictatorship, Democracy, and Transitional Justice in Global Legal History

Download Dictatorship, Democracy, and Transitional Justice in Global Legal History PDF Online Free

Author :
Publisher : Duncker & Humblot
ISBN 13 : 3428585798
Total Pages : 214 pages
Book Rating : 4.4/5 (285 download)

DOWNLOAD NOW!


Book Synopsis Dictatorship, Democracy, and Transitional Justice in Global Legal History by : Ignacio Czeguhn

Download or read book Dictatorship, Democracy, and Transitional Justice in Global Legal History written by Ignacio Czeguhn and published by Duncker & Humblot. This book was released on 2023-12-19 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950

Download Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950 PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1108915957
Total Pages : 235 pages
Book Rating : 4.1/5 (89 download)

DOWNLOAD NOW!


Book Synopsis Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950 by : Devin O. Pendas

Download or read book Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950 written by Devin O. Pendas and published by Cambridge University Press. This book was released on 2020-09-24 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Criminal Justice in Post-dictatorial and Post-conflict Societies

Download Transitional Criminal Justice in Post-dictatorial and Post-conflict Societies PDF Online Free

Author :
Publisher :
ISBN 13 : 9781780682600
Total Pages : 0 pages
Book Rating : 4.6/5 (826 download)

DOWNLOAD NOW!


Book Synopsis Transitional Criminal Justice in Post-dictatorial and Post-conflict Societies by : Agata Fijalkowski

Download or read book Transitional Criminal Justice in Post-dictatorial and Post-conflict Societies written by Agata Fijalkowski and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: States that are in transition after a dictatorship or a violent conflict face formidable challenges concerning accountability for human rights violations. This edited collection considers criminal justice as a method of addressing state violence committed by non-democratic regimes. Its main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives since the fall of the Communist regimes in Europe in 1989.

Transitional Justice in Law, History and Anthropology

Download Transitional Justice in Law, History and Anthropology PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1000084744
Total Pages : 401 pages
Book Rating : 4.0/5 ( download)

DOWNLOAD NOW!


Book Synopsis Transitional Justice in Law, History and Anthropology by : Lia Kent

Download or read book Transitional Justice in Law, History and Anthropology written by Lia Kent and published by Routledge. This book was released on 2020-06-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between ‘before’ and ‘after’ war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

Dictatorship, Democracy, and Transitional Justice in Global Legal History

Download Dictatorship, Democracy, and Transitional Justice in Global Legal History PDF Online Free

Author :
Publisher :
ISBN 13 : 9783428185795
Total Pages : 0 pages
Book Rating : 4.1/5 (857 download)

DOWNLOAD NOW!


Book Synopsis Dictatorship, Democracy, and Transitional Justice in Global Legal History by : Ignacio Czeguhn

Download or read book Dictatorship, Democracy, and Transitional Justice in Global Legal History written by Ignacio Czeguhn and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice in Latin America

Download Transitional Justice in Latin America PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1317526201
Total Pages : 353 pages
Book Rating : 4.3/5 (175 download)

DOWNLOAD NOW!


Book Synopsis Transitional Justice in Latin America by : Elin Skaar

Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice

Download Transitional Justice PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 019988224X
Total Pages : 305 pages
Book Rating : 4.1/5 (998 download)

DOWNLOAD NOW!


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 305 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.

Democracy Without Justice in Spain

Download Democracy Without Justice in Spain PDF Online Free

Author :
Publisher : University of Pennsylvania Press
ISBN 13 : 0812209052
Total Pages : 236 pages
Book Rating : 4.8/5 (122 download)

DOWNLOAD NOW!


Book Synopsis Democracy Without Justice in Spain by : Omar G. Encarnacion

Download or read book Democracy Without Justice in Spain written by Omar G. Encarnacion and published by University of Pennsylvania Press. This book was released on 2014-01-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.

Remembrance, History, and Justice

Download Remembrance, History, and Justice PDF Online Free

Author :
Publisher : Central European University Press
ISBN 13 : 963386092X
Total Pages : 517 pages
Book Rating : 4.6/5 (338 download)

DOWNLOAD NOW!


Book Synopsis Remembrance, History, and Justice by : Vladimir Tismaneanu

Download or read book Remembrance, History, and Justice written by Vladimir Tismaneanu and published by Central European University Press. This book was released on 2015-01-01 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice Theories

Download Transitional Justice Theories PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1135055068
Total Pages : 239 pages
Book Rating : 4.1/5 (35 download)

DOWNLOAD NOW!


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 239 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.

Transitional Justice

Download Transitional Justice PDF Online Free

Author :
Publisher : US Institute of Peace Press
ISBN 13 : 9781878379436
Total Pages : 644 pages
Book Rating : 4.3/5 (794 download)

DOWNLOAD NOW!


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 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword - Nelson Mandela

Post-transitional Justice

Download Post-transitional Justice PDF Online Free

Author :
Publisher : Penn State Press
ISBN 13 : 0271036877
Total Pages : 293 pages
Book Rating : 4.2/5 (71 download)

DOWNLOAD NOW!


Book Synopsis Post-transitional Justice by : Cath Collins

Download or read book Post-transitional Justice written by Cath Collins and published by Penn State Press. This book was released on 2010 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

From Transitional to Transformative Justice

Download From Transitional to Transformative Justice PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1108668577
Total Pages : 345 pages
Book Rating : 4.1/5 (86 download)

DOWNLOAD NOW!


Book Synopsis From Transitional to Transformative Justice by : Paul Gready

Download or read book From Transitional to Transformative Justice written by Paul Gready and published by Cambridge University Press. This book was released on 2019-02-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Human Rights and Transitional Justice in Chile

Download Human Rights and Transitional Justice in Chile PDF Online Free

Author :
Publisher : Springer Nature
ISBN 13 : 3030811824
Total Pages : 222 pages
Book Rating : 4.0/5 (38 download)

DOWNLOAD NOW!


Book Synopsis Human Rights and Transitional Justice in Chile by : Hugo Rojas

Download or read book Human Rights and Transitional Justice in Chile written by Hugo Rojas and published by Springer Nature. This book was released on 2021-10-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a synthesis of the main achievements and pending challenges during the thirty years of transitional justice in Chile after Augusto Pinochet’s dictatorship. The Chilean experience provides useful comparative perspectives for researchers, students and human rights activists engaged in transitional justice processes around the world. The first chapter explains the theoretical foundations of human rights and transitional justice. The second chapter discusses the main historical milestones in Chile’s recent history which have defined the course of the process of transitional justice. The following chapters provide an overview of the key elements of transitional justice in Chile: truth, reparations, memory, justice, and guarantees of non-repetition.

Democracy and Dictatorship in Europe

Download Democracy and Dictatorship in Europe PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0199373213
Total Pages : 512 pages
Book Rating : 4.1/5 (993 download)

DOWNLOAD NOW!


Book Synopsis Democracy and Dictatorship in Europe by : Sheri Berman

Download or read book Democracy and Dictatorship in Europe written by Sheri Berman and published by Oxford University Press. This book was released on 2019-01-04 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Exhuming Violent Histories

Download Exhuming Violent Histories PDF Online Free

Author :
Publisher : Columbia University Press
ISBN 13 : 0231553943
Total Pages : 295 pages
Book Rating : 4.2/5 (315 download)

DOWNLOAD NOW!


Book Synopsis Exhuming Violent Histories by : Nicole Iturriaga

Download or read book Exhuming Violent Histories written by Nicole Iturriaga and published by Columbia University Press. This book was released on 2022-02-15 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2023 Charles Tilly Distinguished Contribution to Scholarship Book Award, Collective Behavior and Social Movements Section, American Sociological Association Honorable Mention, 2023 Peace, War, and Social Conflict Section Outstanding Book Award, Peace, War, and Social Conflict Section, American Sociological Association Many years after the fall of Franco’s regime, Spanish human rights activists have turned to new methods to keep the memory of state terror alive. By excavating mass graves, exhuming remains, and employing forensic analysis and DNA testing, they seek to provide direct evidence of repression and break through the silence about the dictatorship’s atrocities that persisted well into Spain’s transition to democracy. Nicole Iturriaga offers an ethnographic examination of how Spanish human rights activists use forensic methods to challenge dominant histories, reshape collective memory, and create new forms of transitional justice. She argues that by grounding their claims in science, activists can present themselves as credible and impartial, helping them intervene in fraught public disputes about the remembrance of the past. The perceived legitimacy and authenticity of scientific techniques allows their users to contest the state’s historical claims and offer new narratives of violence in pursuit of long-delayed justice. Iturriaga draws on interviews with technicians and forensics experts and provides a detailed case study of Spain’s best-known forensic human rights organization, the Association for the Recovery of Historical Memory. She also considers how the tools and tactics used in Spain can be adopted by human rights and civil society groups pursuing transitional justice in other parts of the world. An ethnographically rich account, Exhuming Violent Histories sheds new light on how science and technology intersect with human rights and collective memory.

Historical Justice in International Perspective

Download Historical Justice in International Perspective PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 0521876834
Total Pages : 318 pages
Book Rating : 4.5/5 (218 download)

DOWNLOAD NOW!


Book Synopsis Historical Justice in International Perspective by : Manfred Berg

Download or read book Historical Justice in International Perspective written by Manfred Berg and published by Cambridge University Press. This book was released on 2009 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.