Retribution and Reparation in the Transition to Democracy

Author: Jon Elster;  

Publisher: Cambridge University Press‎

Publication year: 2006

E-ISBN: 9781316904572

P-ISBN(Paperback): 9780521829731

P-ISBN(Hardback):  9780521829731

Subject: D915.4 Administrative Litigation Law of the Peoples Republic of China

Keyword: 政治、法律

Language: ENG

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Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.

Description

The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. 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. 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. 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. 1. Introduction Jon Elster; Part I. General Issues: 2. Restitution: how far back should we go? Tyler Cowen; 3. Retribution Jon Elster; Part II. Germany and German-Occupied Countries after 1945: 4. Transitional justice in divided Germany after 1945 David Cohen; 5. Purges in France after the Liberation Henry Rousso; 6. Political justice in Austria and Hungary after World War II Istvan Deák; 7. Dealing with the past in Scandinavia Hans Fredrik Dahl; 8. Belgian and Dutch purges after World War II compared Luc Huyse; Part III. Latin America, Post-Communism, and South Africa: 9. Paranoids may be persecuted: post-totalitarian retroactive justice Aviezer Tucker; 10. Transitional justice in Argentina and Chile: a never ending story? Carlos H. Acuña; 11. Transitional justice in the German Democratic Republic and in Unified Germany Claus Offe and Ulrike Poppe; 12. Rough justice: rectification in post-authoritarian and post-totalitarian regimes Aviezer Tucker; 13. Accountability and the South African experience Alex Boraine; 14. Conclusion. "How did, and how should, emerging democracies deal with members and supporters of fallen autocratic or occupation regimes? By fusing analytical approaches with historical perspectives, this fascinating and eminently readable volume addresses an enduring political question in a refreshing way, at once normative, theoretical, and empirical. A must-read."
-Stathis N. Kalyvas, Yale University "This is a timely and important collection of rigorously argued essays that bring a welcome historical and comparative frame to the study of transitional justice in new democracies. Their nuanced considerations of the moral complexities in intergenerational claims for restitution and rich analyses of how emotions, intentions and beliefs shape trials and sanctions push our understanding of transnational justice to new levels."
-Mark Philip Bradley, Nor

Chapter

IV. Are claims to restitution heritable?

V. Resurrecting limited intergenerational claims

Violations of Basic Needs

Remedies for the Dead?

Tribal Claims?

VI. Concluding remarks

References

3 Retribution

I. Introduction

II. The retributive emotions

III. Desert

IV. Deterrence

V. Rehabilitation

VI. Incapacitation

VII. Conclusion

References

Part II Germany and german-occupied countries after 1945

4 Transitional Justice in Divided Germany after 1945

I. Allied trials

II. Denazification

The American Zone

The British Zone

The Soviet Zone

III. German trials

IV. Conclusion

5 The Purge in France: An Incomplete Story

Vichy, fascism, and collaboration: purge what?

The overall context of the liberation

“Uncontrolled” or “extralegal” purges

The Case of the “Shorn Women”

The judicial purges

The Political and Legal Bases

The Judicial Organizations

The statistics on the legal purge

The High Court of Justice

Courts of Justice and Civic Chambers: Contradictory Figures

The Black Hole of the Military Tribunals

The administrative purge

The economic purge

Toward an interpretation

Contradictory purposes

6 Political Justice in Austria and Hungary after World War II

7 Dealing with the Past in Scandinavia: Legal Purges and Popular Memories of Nazism and World War II in Denmark and Norway after 1945

Law and emotions

The death penalty

The role of the media

Politics and crimes

Work as collaboration

The limits of freedom of expression: the hamsun case

8 Belgian and Dutch Purges after World War II Compared

Introduction

I. The purge

Similarities

Differences

II. Reintegration

Removing the Legal and Administrative Obstacles

Resocialization

III. How to account for policy differences?

1. The (Eventual) Presence of Earlier Reintegration Operations – with Regard to Both Ordinary and Political Criminal Offenders – and Their Perceived Efficacy

2. The Degree of Politicization of the Reintegration Topic

3. The International Context

IV. Postscript

Remembering

Part III Latin america, post communism, and south africa

9 Paranoids May Be Persecuted: Post-totalitarian Transitional Justice

I. Independent variables

II. Dependent variables

III. The results

IV. Conclusion: paranoids may be persecuted

References

10 Transitional Justice in Argentina and Chile: A Never-Ending Story?

Introduction: transitional justice and the political dilemmas of democratic transitions

1. The argentine case: state terrorism, limited transitional justice, and military subordination to constitutional rule

2. Chile: from authoritarianism to a democracy still in transition

3. The military as political actors in argentina and chile: a comparative analysis of their political and institutional sources

4. Transitional justice and democratic governments: common traits of argentina and chile (and of brazil, paraguay, uruguay, and so on)

11 Transitional Justice in the German Democratic Republic and in Unified Germany

State socialism as disaster or as crime?

Living in untruth

The politics of building interpretive frames

The adoption of a “strong” frame in germany after 1989

Acts and actors

Criminal trials

Administering archives: the “gauck agency”

Exploring the past: the commission of inquiry

Additional policy options

References

12 Rough Justice: Rectification in Post-authoritarian and Post-totalitarian Regimes

I

II. Independent variables

III. Dependent variables

IV. Conclusion: the results of rectification

References

13 Truth and Reconciliation Commission in South Africa Amnesty: The Price of Peace

Introduction

1. Unique features of the south african model

2. Amnesty provisions

3. Reconciliation

14 Conclusion

Lessons from the past

Rectifying historical injustice

Remembering historical injustice

The future of transitional justice

References

Index

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