Building Justice in Post-transition Europe


Book Description

After the collapse of the Berlin wall in 1989 and disintegration of the Soviet Union, scholars focused on the problems of legal transitions within the newly emerging democracies. Two decades on, these states are in 'post-transition' conditions; having undergone and continuing to experience political, economic and constitutional upheavals to varying degrees. Criminal law and processes of criminalisation and decriminalisation are at the heart of these changes, and must be understood in the light of the social transitions. A major influence is the old 'West' - a relationship that has often been more maleficent than it may appear. This book provides an interdisciplinary perspective on this largely unexamined topic.




Building Trust and Democracy


Book Description

This volume examines the conditions under which lustration and related transitional justice measures have affected political and social trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union between 1989 and 2012.




Post-transitional Justice


Book Description

"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.




Building Trust and Democracy


Book Description

This volume explores the effects of transitional justice measures on trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union over the period 19892012. The author argues that transitional justice measures have a differentiated impact on political and social trust-building, supporting some aspects of political trust and undermining other aspects of social trust. Moreover, the structure, scope, timing, and implementation of transitional justice measures condition outcomes. More expansive and compulsory institutional change mechanisms register the largest effects, with limited and voluntary change mechanisms having a diminished effect, and more informal and largely symbolic measures having the most attenuated effect. These differentiated and conditional effects are also evident with respect to transition goals like supporting democratic consolidation and reducing corruption, since these goals respond differently to the mixtures of institutional and symbolic reforms found in transitional justice programs. The author develops an original transitional justice typology in order to test hypotheses linking trust-building and transitional justice across twelve cases in the post-communist region. The resulting new datasets allow for a quantitative examination of the relationship between different types of transitional justice programs and a range of possible state building and societal reconciliation goals, including political trust-building, social trust-building, democratization, the strengthening of civil society, the promotion of government effectiveness, and the reduction of corruption. Comparative case studies of four transitional justice programs-Hungary, Romania, Poland, and Bulgariadraw on field work, primary and historical documents, and interview materials to explicate trust-building dynamics, with particular attention to regime complicity challenges, historical memory issues, and communist legacies. Oxford Studies in Democratization is a series for scholars and students of comparative politics and related disciplines. Volumes concentrate on the comparative study of the democratization process that accompanied the decline and termination of the cold war. The geographical focus of the series is primarily Latin America, the Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia. The series editor is Laurence Whitehead, Senior Research Fellow, Nuffield College, University of Oxford.




Building a Future on Peace and Justice


Book Description

Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.




Transitional Justice in Post-Communist Romania


Book Description

This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.




Transitional Justice


Book Description

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.




Meandering in Transition


Book Description

This edited collection addresses the dynamics of the post-Communist transition in Central Eastern Europe. Its contributors present a detailed analysis of the events unfolding during the last three decades in the region, focusing in particular on identity-building processes and reforms in Belarus, Bulgaria, Czechia, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, and Ukraine. The contributors outline reasons why some of these states accomplished a decisive break with the Communist past and became members of European and transatlantic structures, while some opted for pseudo-transition and fostered hybrid political regimes, jeopardizing their genuine integration with the West. A group of states which decided to preserve their Communist legacy is also explained. The collection describes and scrutinizes the formation of geopolitical affiliations and the evolution of discourses of belonging. It also traces the fluctuating dynamics of national decision-making and institution-building, as many of the post-Communist states reconsider and re-elaborate their initial ideas and visions of Europe today. Finally, the collection brings to light the rapidly changing perceptions of the region by the major global actors—the European Union, People’s Republic of China, Russian Federation, and others.




Civil Society and Transitions in the Western Balkans


Book Description

This book explores the ambiguous role played by civil society in the processes of state-building, democratization and post-conflict reconstruction in the Western Balkans challenging the assumption that civil society is always a force for good by analysing civil society actors and their effects in post-communist and post-conflict transition.




Transitional Justice and the Former Soviet Union


Book Description

In the twenty-five years since the Soviet Union was dismantled, the countries of the former Soviet Union have faced different circumstances and responded differently to the need to redress and acknowledge the communist past and the suffering of their people. While some have adopted transitional justice and accountability measures, others have chosen to reject them; these choices have directly affected state building and societal reconciliation efforts. This is the most comprehensive account to date of post-Soviet efforts to address, distort, ignore, or recast the past through the use, manipulation, and obstruction of transitional justice measures and memory politics initiatives. Editors Cynthia M. Horne and Lavinia Stan have gathered contributions by top scholars in the field, allowing the disparate post-communist studies and transitional justice scholarly communities to come together and reflect on the past and its implications for the future of the region.