Lustration And Transitional Justice

Author : Roman David
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 46,7 Mb
Release : 2011-09-21
Category : Political Science
ISBN : 9780812205763

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Lustration and Transitional Justice by Roman David Pdf

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.

Author : Lavinia Stan,Nadya Nedelsky
Publisher : Cambridge University Press
Page : 357 pages
File Size : 49,7 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781107065567

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Post-Communist Transitional Justice by Lavinia Stan,Nadya Nedelsky Pdf

Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
Page : 263 pages
File Size : 40,8 Mb
Release : 2022-11-11
Category : Law
ISBN : 9780429998836

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Constitutionalizing Transitional Justice by Cheng-Yi Huang Pdf

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.

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 52,7 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948

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Justice in Conflict by Mark Kersten Pdf

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Author : Vladimíra Dvořáková
Publisher : CPI/PSRC
Page : 233 pages
File Size : 55,6 Mb
Release : 2007
Category : Criminal justice, Administration of
ISBN : 9789537022181

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Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe by Vladimíra Dvořáková Pdf

Author : Olivera Simić
Publisher : Taylor & Francis
Page : 333 pages
File Size : 46,6 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317373780

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An Introduction to Transitional Justice by Olivera Simić Pdf

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.

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 404 pages
File Size : 49,5 Mb
Release : 2002-03-28
Category : Political Science
ISBN : 9780199882243

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Transitional Justice by Ruti G. Teitel Pdf

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.

Author : Lavinia Stan
Publisher : Cambridge University Press
Page : 311 pages
File Size : 43,7 Mb
Release : 2013
Category : History
ISBN : 9781107020535

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Transitional Justice in Post-Communist Romania by Lavinia Stan Pdf

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.

Author : Cheryl Lawther,Luke Moffett
Publisher : Edward Elgar Publishing
Page : 547 pages
File Size : 46,7 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781802202519

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Research Handbook on Transitional Justice by Cheryl Lawther,Luke Moffett Pdf

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.

Author : Juan Espíndola Mata,Juan Espindola
Publisher : Cambridge University Press
Page : 283 pages
File Size : 52,8 Mb
Release : 2015-04-16
Category : Law
ISBN : 9781107083127

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Transitional Justice After German Reunification by Juan Espíndola Mata,Juan Espindola Pdf

An investigation of denunciators for the East German secret police, the Ministry of State Security and the way they have been publicly unveiled.

Author : Cynthia M. Horne
Publisher : Oxford University Press
Page : 400 pages
File Size : 47,8 Mb
Release : 2017-04-28
Category : Political Science
ISBN : 9780192511805

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Building Trust and Democracy by Cynthia M. Horne Pdf

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.

Author : Tricia D. Olsen,Leigh A. Payne,Andrew G. Reiter
Publisher : United States Institute of Peace Press
Page : 0 pages
File Size : 49,5 Mb
Release : 2010
Category : Philosophy
ISBN : 1601270534

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Transitional Justice in Balance by Tricia D. Olsen,Leigh A. Payne,Andrew G. Reiter Pdf

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.

Author : D Jacobs
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 48,8 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9781781955314

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Research Handbook on Transitional Justice by D Jacobs Pdf

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.

Author : Cynthia Michalski Horne
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2024-06-29
Category : Democracy
ISBN : 0191835188

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Building Trust and Democracy by Cynthia Michalski Horne Pdf

This volume examines the conditions under which lustration and related transitional justice measures have affected political and social trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union between 1989 and 2012.

Author : Hakeem O. Yusuf,Hugo van der Merwe
Publisher : Routledge
Page : 235 pages
File Size : 49,6 Mb
Release : 2021-09-06
Category : Law
ISBN : 9781317642541

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Transitional Justice by Hakeem O. Yusuf,Hugo van der Merwe Pdf

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.