Transitional justice and the rules of law in new democracies
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Transitional justice and the rules of law in new democracies

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Published by University of Notre Dame Press in Indiana .
Written in English


Book details:

About the Edition

This study focuses on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included are essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland and South Africa.

Edition Notes

Undergraduate Professional & Scholarly.

Statementedited by A. James McAdams.
ContributionsMcAdams, A.James.
The Physical Object
Pagination312p. ;
Number of Pages312
ID Numbers
Open LibraryOL22151278M
ISBN 100268042039

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Transitional Justice and the Rule of Law in New Democracies EDITED BY A. JAMES MCADAMS UNIVERSITY OF NOTRE DAME PRESS 2 Politics and the Judiciary in the Greek Transition to Democracy Nicos C. Alivizatos and P. Nikiforos Diamandouros 27 3 Democracy Dignified and an End to Impunity: Bolivia's Military Dictatorship on Trial Transitional. This smartly written and incisively argued book sets a new bar for transitional, reparative, and historical justice theory. It is a tour de force of synoptic analysis and close consideration of specific cases of official redress in stable : Palgrave Macmillan UK. 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. Introduction Truth commissions, apologies, and reparations are just some of the transitional justice mechanisms embraced by established democracies. This groundbreaking exploration of political theory explains how these forms of state redress repair the damage state wrongdoing inflicts upon political legitimacy.

Overview This book concerns the problems state wrongdoing creates for political legitimacy and how these are mitigated. The first part of the book describes how we can understand practices of state redress as transitional justice. The main ideas are that state wrongdoing burdens political legitimacy and the context of a political transition enables rectificatory politics. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Walicki, A. Transitional Justice and the Political Struggles of Post-Communist Poland. In A. J. McAdams (ed.), Transitional Justice and the Rule of Law in New Democracies. Notre Dame, Ind.: University of Notre Dame Press, –   Comparative theories of democratization, as well as of transitional justice, 16 reinforce the correlation between law and democracy, emphasizing the need to establish the rule of law to support democratic regimes, and the need for judicial reforms to promote the rule of law, in a self-enforcing cycle. 17 In this sense, a model of.

  When we asked the commissioner to define transitional justice, she said, “Transitional justice is not a thing you achieve, but a process you pursue, especially in new democracies trying to deal with the terrible damage caused by authoritarian regimes — so transitional justice is a mechanism for dealing with damage while also moving forward. Transitional Justice in Established Democraciesis a timely and necessary addition to the transitional justice literature – one that emerged in the aftermath of the South African Truth and Reconciliation Commission and has come to include the study of the wide variety of responses to mass atrocity including truth commissions, war crimes trials, memorials and reparations. Transitional justice — Armed conflict, non-international — War crimes — Prosecution — Conduct of hostilities — Disarmament — Reparation Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.   In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal.