Closing the Books ：Transitional Justice in Historical Perspective

Publication subTitle ：Transitional Justice in Historical Perspective

Author： Jon Elster  

Publisher： Cambridge University Press‎

Publication year： 2004

E-ISBN: 9780511227721

P-ISBN(Paperback): 9780521839693

Subject： D90-05 the relationship with other subjects of law

Keyword： 世界政治

Language： ENG

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Closing the Books

Description

An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.

Chapter

Cover

Half-title

Title

Copyright

Dedication

Contents

Preface and Acknowledgments

PART I THE UNIVERSE OF TRANSITIONAL JUSTICE

1 Athens in 411 and 403 B.C.

I. INTRODUCTION

II. ATHENIAN DEMOCRACY

III. THE FIRST OLIGARCHY AND ITS DEMISE

IV. THE SECOND OLIGARCHY AND ITS DEMISE

V. LYSIAS

VI. SUMMARY

2 The French Restorations in 1814 and 1815

I. INTRODUCTION

II. CONSTRAINTS ON TRANSITIONAL JUSTICE IN THE FRENCH RESTORATIONS

III. RETRIBUTIONS

IV. REPARATIONS

V. SUMMARY

3 The Larger Universe of Cases

I. INTRODUCTION

II. RESTORATION OF MONARCHY AND TRANSITION TO INDEPENDENCE

III. WESTERN EUROPE AND JAPAN

IV. SOUTHERN EUROPE

V. LATIN AMERICA

VI. EASTERN EUROPE

VII. AFRICA

VIII. CLASSIFYING THE CASES

PART II ANALYTICS OF TRANSITIONAL JUSTICE

4 The Structure of Transitional Justice

I. INTRODUCTION

II. THE MOTIVATION OF JUSTICE

III. THE INSTITUTIONS OF JUSTICE

IV. LEVELS OF TRANSITIONAL JUSTICE

V. THE AGENTS OF TRANSITIONAL JUSTICE

VI. THE DECISIONS OF TRANSITIONAL JUSTICE

5 Wrongdoers

I. INTRODUCTION

II. PROFILES OF WRONGDOERS

III. JUSTIFICATIONS FOR ALLEGED WRONGDOING

IV. EXCUSES AND MITIGATIONS

6 Victims

I. INTRODUCTION

II. MATERIAL SUFFERING

III. PERSONAL SUFFERING

IV. INTANGIBLE SUFFERING

V. THE BURDEN OF PROOF

7 Constraints

I. INTRODUCTION

II. THE CONSTRAINTS OF NEGOTIATED TRANSITIONS

III. THE CASE OF GERMANY

IV. ECONOMIC CONSTRAINTS ON TRANSITIONAL JUSTICE

V. INCOMPATIBLE DEMANDS

8 Emotions

I. INTRODUCTION

II. EMOTION AND ACTION

III. EMOTION AND THE DEMAND FOR RETRIBUTION

IV. THE RETRIBUTIVE EMOTIONS

V. TRANSMUTATION OF EMOTION

VI. TOO LITTLE GUILT – OR TOO MUCH?

9 Politics

I. INTRODUCTION

II. ELECTORAL POLITICS

III. EX-NAZIS AND POST-COMMUNISTS

IV. POLITICAL IDEOLOGIES AND TRANSITIONAL JUSTICE

References

Index

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