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The book offers a vast panorama of Communism from the perspective of its collapse, and inspects the world beyond the fall in the distorting mirror of its imagined prehistory—providing in the process a perceptive analysis of a number of the fundamental issues of history writing.
Author : United States. Department of the Army Publisher : Unknown Page : 86 pages File Size : 50,8 Mb Release : 1980 Category : Courts-martial and courts of inquiry ISBN : OSU:32437122160829
The nine essays in this volume explore such topics as the characteristics and shortcomings of state socialist societies and of democratic capitalism, the role of ethnic politics in East European transitions, issues of retribution and restitution in the transition to a democratic society based on a private economy, and the effects the collapse of Communism have had on Western democracies and on the Left in particular.
Justice and Memory after Dictatorship by Raluca Grosescu Pdf
After the fall of military and communist dictatorships at the end of the 1980s, Latin American and Eastern European countries had to reckon with atrocities perpetrated by these Cold War regimes. Judges, prosecutors, and human rights campaigners across the two regions constructed novel readings of international criminal law to fight impunity and realize justice for gross human rights violations. Justice and Memory after Dictatorship: Latin America, Central Eastern Europe and the Fragmentation of International Criminal Law provides a groundbreaking socio-historical account of the global transformation of international criminal law from these two semi-peripheries of the world system. Based on ethnographic observation and analyses of jurisprudence, Raluca Grosescu dissects the narratives that were fundamentally shaped by the relationship of law and politics. Using paradigmatic cases and personal interviews with lawyers and judicial officials from Latin America and Eastern Europe, Grosescu uncovers how legal actors and organizations were instrumental in questioning an international order that marginalized the political violence that had unfolded in the two regions during the Cold War. Justice and Memory after Dictatorship is a significant volume in modern international criminal and human rights law and an important read for scholars, students, and legal practitioners alike.
The principle in law that the rules are not changed in the middle of game, is embodied in the notion that legislation should apply prospectively. This study analyzes the legal constraints on retroactive legislation and the presumption of prospectivity and constitutional limits on such lawmaking.
A powerful argument for adopting a model of restorative justice as part of the Innocence Movement—so exonerees, crime victims, and their communities can come together to heal In Rectify, a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years—sometimes decades—and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person. Bazelon focuses on Thomas Haynesworth, a teenager arrested for multiple rapes in Virginia, and Janet Burke, a rape victim who mistakenly IDed him. It took over two decades before he was exonerated. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice, such as Haynesworth’s. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock. In the midst of Bazelon’s frustration over the blatant limitations of courts and advocates, her hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unite unlikely allies. Movingly written and vigorously researched, Rectify takes to task the far-reaching failures of our criminal justice system and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.
Law of Property Rights Protection by Jan Laitos Pdf
The on-going battle between government's desire to regulate private property use and property owners' equally powerful desire to avoid economically damaging or unreasonable limitations on their property is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation at every level of government has stemmed from questions surrounding the timing and amount of government compensation to an owner of regulated property. The relevant law has undergone a complete transformation over the past decade, so count on the Law of Property Rights Protection to bring you completely up to date. Organized according to the major elements of a property rights case, the book: Analyzes the case law and identifies which challenges were successful, what fact patterns proved compelling, and what tactics have failed. Offers advice on how best to handle common situations Covers the full range of property, drawing on recent cases involving contract rights, lease hold rights, an unpatented mining claim, the possibility of reverter, the right of entry, the use of water power, and the right to exclude members of the public from a shopping center. Using Laitos' strategic approach will help you formulate your own arguments and handle taking cases with confidence.
Further Reading; Notes; Chapter 9 Transitional Justice: New Democracies Grapple with Their Past; Coming to Terms with the Past: Justice vs. National Reconciliation; The Problem of Punishment; Corrective Justice for Victims of Human Rights Abuses; Summary; Further Reading; Notes; Chapter 10 The Right to be Let Alone: Determining the Scope of Personal Freedom; The Harm Principle; Paternalism; Harm to Third Parties; Moral Relativism and the Diversity of Human Practices; The Possibility of an Offense Principle; Summary; Further Reading; Notes; Part 3 Doing Justice Within the Law.
The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics (The Norton Series in World Politics) by Kathryn Sikkink Pdf
Acclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.
Civil Society, Constitution, and Legitimacy by Andrew Arato Pdf
Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.