Transitional JusticeOxford University Press, 2000 M06 29 - 304 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. |
Dentro del libro
Resultados 1-5 de 42
Página vii
... debates concerning the Latin American transitions par- ticipated in debates convened in East and Central Europe. There the debate over punishment broadened to include the implications of the sweeping de- communization measures pervasive ...
... debates concerning the Latin American transitions par- ticipated in debates convened in East and Central Europe. There the debate over punishment broadened to include the implications of the sweeping de- communization measures pervasive ...
Página 5
... debate away from the vocabulary of " revolution " often deployed by theorists to an analysis of the role of law in political change.10 Rather than an undefined last stage of revolution , the conception of transition advanced here is ...
... debate away from the vocabulary of " revolution " often deployed by theorists to an analysis of the role of law in political change.10 Rather than an undefined last stage of revolution , the conception of transition advanced here is ...
Página 12
... debate between Lon Fuller and H.L.A. Hart , who took as their point of departure the problem of justice after the ... debates frequently falls back on grand , idealized models of the rule of law . Such accounts fail to recognize ...
... debate between Lon Fuller and H.L.A. Hart , who took as their point of departure the problem of justice after the ... debates frequently falls back on grand , idealized models of the rule of law . Such accounts fail to recognize ...
Página 13
... debate on the nature of law focuses on a series of cases involving the prosecutions of Nazi collaborators in postwar Germany . The cen- tral issue for the postwar German courts was whether to accept defenses that relied on Nazi law.6 A ...
... debate on the nature of law focuses on a series of cases involving the prosecutions of Nazi collaborators in postwar Germany . The cen- tral issue for the postwar German courts was whether to accept defenses that relied on Nazi law.6 A ...
Página 14
... debate , both natural law and positivist positions took as their point of departure certain presumptions about the nature of the prior legal regime under illiberal rule . 12 Both positions draw justificatory force from the role of law ...
... debate , both natural law and positivist positions took as their point of departure certain presumptions about the nature of the prior legal regime under illiberal rule . 12 Both positions draw justificatory force from the role of law ...
Contenido
| 3 | |
| 11 | |
Criminal Justice | 27 |
Historical Justice | 69 |
Reparatory Justice | 119 |
Administrative Justice | 149 |
Constitutional Justice | 191 |
Toward a Theory of Transitional Justice | 213 |
Epilogue | 229 |
Notes | 231 |
Index | 285 |
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Términos y frases comunes
ancien régime available in Lexis basis civil Communist CONADEP Constitutional Court construction contemporary context 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 justified Law Review law’s legacies legal responses liberal limited litical lustration measures narratives Nazi normative shift Nuremberg Nuremberg Principles Nuremberg trials offenses party past wrongs periods of political perpetrators persecution political change political order political transformation politicized postwar predicated principle prior regime processes prosecutions punishment purges question radical Reconciliation Reconstruction regime’s relation reparations reparatory justice Report repressive rule Republic revolution role rule of law social society state’s successor regime successor trials theory tion tional totalitarian trans transitional constitutions transitional justice transitional reparatory truth commission understanding University Press victims violations War Crimes wrongdoing York
Pasajes populares
Página 120 - And he said unto Abram, Know of a surety that thy seed shall be a stranger in a land that is not theirs, and shall serve them; and they shall afflict them four hundred years; and also that nation, whom they shall serve, will I judge: and afterward shall they come out with great substance.
Página 122 - The Allied and Associated Governments affirm and Germany accepts the responsibility of Germany and her allies for causing all the loss and damage to which the Allied and Associated Governments and their nationals have been subjected as a consequence of the war imposed upon them by the aggression of Germany and her allies.
Página 275 - All of the people are equal under the law and there shall be no discrimination in political, economic or social relations, because of race, creed, sex, social status or family origin.
Página 279 - ... that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever...
Página 251 - crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population...
Página 271 - Parties which, by reason of their aims or the behavior of their adherents, seek to impair or destroy the free democratic basic order or to endanger the existence of the Federal Republic of Germany are unconstitutional.
Página 128 - The distinction of public wrongs from private, of crimes and misdemeanors from civil injuries, seems principally to consist in this: that private wrongs, or civil injuries, are an infringement or privation of the civil rights which belong to individuals, considered merely as individuals...
Página 72 - Each society has its regime of truth, its general politics of truth: that is, the types of discourse which it accepts and makes function as true; the mechanisms and instances which enable one to distinguish true and false statements, the means by which each is sanctioned; the techniques and procedures accorded value in the acquisition of truth; the status of those who are charged with saying what counts as true.