Oxford University Press, 2000 - 292 páginas
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.
ONE The Rule of Law in Transition
TWO Criminal Justice
THREE Historical Justice
FOUR Reparatory Justice
SEVEN Toward a Theory of Transitional Justice
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available in Lexis basis civil Communist CONADEP Constitutional Court construction contemporary context conventional corrective justice country’s crimes against humanity criminal justice critical Czech debate democracy democratic denazification dilemma discussed established files Germany Germany’s historical account historical justice Human Rights Human Rights Watch implies individual inquiry International Criminal Court international law judiciary justified Law Review law’s legacies legal responses liberal limited lustration measures narratives Nazi normative shift Nuremberg Nuremberg Principles Nuremberg trials offenses party past wrongs periods of political perpetrators persecution political change political identity political order political transformation politicized postwar predicated principle prior regime processes prosecutions punishment purges question Reconciliation Reconstruction regime’s relation reparations reparatory justice Report repressive rule Republic revolution role rule of law society state’s successor regime successor trials theory totalitarian transitional constitutionalism transitional constitutions transitional jurisprudence transitional justice transitional reparatory truth commissions understanding University Press victims War Crimes wrongdoing York