Democracy Without Justice In Spain

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Democracy Without Justice in Spain

Author : Omar G. Encarnacion
Publisher : University of Pennsylvania Press
Page : 236 pages
File Size : 46,6 Mb
Release : 2014-01-11
Category : Political Science
ISBN : 9780812209051

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Democracy Without Justice in Spain by Omar G. Encarnacion Pdf

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.

Historical Memory and Criminal Justice in Spain

Author : Josep Maria Tamarit Sumalla
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2013
Category : Criminal justice, Administration of
ISBN : 1780681437

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Historical Memory and Criminal Justice in Spain by Josep Maria Tamarit Sumalla Pdf

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.

The Politics of Memory

Author : Alexandra Barahona De Brito,Carmen Gonzalez Enriquez,Paloma Aguilar
Publisher : OUP Oxford
Page : 440 pages
File Size : 44,9 Mb
Release : 2001-04-05
Category : Political Science
ISBN : 9780191529016

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The Politics of Memory by Alexandra Barahona De Brito,Carmen Gonzalez Enriquez,Paloma Aguilar Pdf

One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.

Retribution and Reparation in the Transition to Democracy

Author : Jon Elster
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,8 Mb
Release : 2006-05-08
Category : Political Science
ISBN : 1107320534

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Retribution and Reparation in the Transition to Democracy by Jon Elster Pdf

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.

Transitional Justice and Memory in Europe (1945-2013)

Author : Nico Wouters
Publisher : Intersentia NV
Page : 0 pages
File Size : 44,6 Mb
Release : 2014
Category : Criminal justice, Administration of
ISBN : 178068214X

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Transitional Justice and Memory in Europe (1945-2013) by Nico Wouters Pdf

What lessons can we learn from history, and more importantly: how? Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.

A People Betrayed: A History of Corruption, Political Incompetence and Social Division in Modern Spain 1874-2018

Author : Paul Preston
Publisher : HarperCollins UK
Page : 768 pages
File Size : 53,7 Mb
Release : 2020-03-05
Category : History
ISBN : 9780007558384

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A People Betrayed: A History of Corruption, Political Incompetence and Social Division in Modern Spain 1874-2018 by Paul Preston Pdf

From the foremost historian of 20th century Spain, A People Betrayed is the story of the devastating betrayal of Spain by its political class, its military and its Church.

Spain

Author : Javier Tusell
Publisher : John Wiley & Sons
Page : 519 pages
File Size : 41,6 Mb
Release : 2011-04-18
Category : History
ISBN : 9781444339741

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Spain by Javier Tusell Pdf

This comprehensive survey of Spain’s history looks at the major political, social, and economic changes that took place from the end of the Civil War to the beginning of the twenty-first century. A thorough introduction to post-Civil War Spain, from its development under Franco and subsequent transition to democracy up to the present day Tusell was a celebrated public figure and historian. During his lifetime he negotiated the return to Spain of Picasso’s Guernica, was elected UCD councillor for Madrid, and became a respected media commentator before his untimely death in 2005 Includes a biography and political assessment of Francisco Franco Covers a number of pertinent topics, including fascism, isolationism, political opposition, economic development, decolonization, terrorism, foreign policy, and democracy Provides a context for understanding the continuing tensions between democracy and terrorism, including the effects of the 2004 Madrid Bombings

Justice and Democracy

Author : Brian Barry
Publisher : Cambridge University Press
Page : 254 pages
File Size : 48,8 Mb
Release : 2004-08-19
Category : Law
ISBN : 0521545439

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Justice and Democracy by Brian Barry Pdf

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The Twentieth Century in European Memory

Author : Anonim
Publisher : BRILL
Page : 364 pages
File Size : 55,7 Mb
Release : 2017-09-04
Category : History
ISBN : 9789004352353

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The Twentieth Century in European Memory by Anonim Pdf

The Twentieth Century in European Memory investigates contested and divisive memories of conflicts, world wars, dictatorship, genocide and mass killing. Focusing on the questions of transculturality and reception, the book looks at the ways in which such memories are being shared, debated and received by museum workers, artists, politicians and general audiences. Due to amplified mobility and communication as well as Europe’s changing institutional structure, such memories become increasingly transcultural, crossing cultural and political borders. This book brings together in-depth researched case studies of memory transmission and reception in different types of media, including films, literature, museums, political debate printed and digital media, as well as studies of personal and public reactions. Contributors are: Ismar Dedović, Astrid Erll, Rosanna Farbøl, Magdalena Góra, Gunnthorunn Gudmundsdottir, Anne Heimo, Sara Jones, Wulf Kansteiner, Slawomir Kapralski, Zoé de Kerangat, Zdzisław Mach, Natalija Majsova, Inge Melchior, Daisy Neijmann, Vjeran Pavlaković, Benedikt Perak, Tea Sindbæk Andersen, and Barbara Törnquist-Plewa.

Amnesty in the Age of Human Rights Accountability

Author : Francesca Lessa,Leigh A. Payne
Publisher : Cambridge University Press
Page : 457 pages
File Size : 51,8 Mb
Release : 2012-05-28
Category : Law
ISBN : 9781107025004

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Amnesty in the Age of Human Rights Accountability by Francesca Lessa,Leigh A. Payne Pdf

This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.

Disremembering the Dictatorship

Author : Anonim
Publisher : BRILL
Page : 258 pages
File Size : 42,7 Mb
Release : 2021-08-04
Category : Social Science
ISBN : 9789004483224

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Disremembering the Dictatorship by Anonim Pdf

Most accounts of the Spanish transition to democracy have been celebratory exercises at the service of a stabilizing rather than a critical project of far-reaching reform. As one of the essays in this volume puts it, the “pact of oblivion,” which characterized the Spanish transition to democracy, curtailed any serious attempt to address the legacies of authoritarianism that the new democracy inherited from the Franco era. As a result, those legacies pervaded public discourse even in newly created organs of opinion. As another contributor argues, the Transition was based on the erasure of memory and the invention of a new political tradition. On the other hand, memory and its etiolation have been an object of reflection for a number of film directors and fiction writers, who have probed the return of the repressed under spectral conditions. Above all, this book strives to present memory as a performative exercise of democratic agents and an open field for encounters with different, possibly divergent, and necessarily fragmented recollections. The pact of the Transition could not entirely disguise the naturalization of a society made of winners and losers, nor could it ensure the consolidation of amnesia by political agents and by the tools that create hegemony by shaping opinion. Spanish society is haunted by the specters of a past it has tried to surmount by denying it. It seems unlikely that it can rid itself of its ghosts without in the process undermining the democracy it sought to legitimate through the erasure of memories and the drowning of witnesses' voices in the cacaphony of triumphant modernization.

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 52,5 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

How Democracies Die

Author : Steven Levitsky,Daniel Ziblatt
Publisher : Crown
Page : 321 pages
File Size : 55,6 Mb
Release : 2019-01-08
Category : Political Science
ISBN : 9781524762940

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How Democracies Die by Steven Levitsky,Daniel Ziblatt Pdf

NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN

The Triumph of Democracy in Spain

Author : Paul Preston
Publisher : Routledge
Page : 247 pages
File Size : 53,8 Mb
Release : 2003-09-02
Category : Education
ISBN : 9781134951413

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The Triumph of Democracy in Spain by Paul Preston Pdf

The Triumph of Democracy in Spain tells a gripping story of the tortuous creation of Spain's constitutional monarchy. The book provides an authoritative account of the tribulations of the forces of progress, beginning in 1969 with the disintegration of Franco's dictatorship and ending with the remarkable Socialist election victory in 1982.

Regime Consolidation and Transitional Justice

Author : Anja Mihr
Publisher : Cambridge University Press
Page : 479 pages
File Size : 54,8 Mb
Release : 2018-01-18
Category : Law
ISBN : 9781108423069

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Regime Consolidation and Transitional Justice by Anja Mihr Pdf

Explores the effect of justice measures on 'regime consolidation' in a post-transition context.