Retribution and reparation in the transition to democracy elster jon. Retribution and Reparation in the Transition to Democracy 2019-01-25

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Retribution and reparation in the transition to democracy

retribution and reparation in the transition to democracy elster jon

In Latin America, the 1980s saw transitions to democracy in Argentina, Bolivia, Brazil, Chile, and Uruguay. Retribution and reparation are knowledge-based processes, since wrongdoers and victims have to be identified on the basis of evidence. This article examines the Lebanese case by presenting the path the national government took in the aftermath of the war, analysing Lebanon's decision to create a unique scheme β€” the adoption method β€” in its road to recovery, investigating the advantages and disadvantages of their approach, and last but not least providing some lessons learned on how individual reparations can be provided for victims of international humanitarian law in cases where there is no agreement in place. In German-occupied countries, the collaborators were by and large powerless. Political justice had a specific nature in Hungary.

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Retribution and Reparation in the Transition to Democracy by Jon Elster

retribution and reparation in the transition to democracy elster jon

Deviations include the use of special courts, political screening of judges and jurors, collective guilt, presumption of guilt inversion of the burden of proof , lack of adversarial procedures and appeal mechanisms, extension of statutes of limitation, and, especially, retroactive legislation. Although I will not address it here, it is of course an interesting question to ask under what conditions these mandatory states of affairs emerge. In the last three countries, therefore, it might appear as if compensations were paid to victims of perpetratorless crimes. The chapters in this volume engage the reader in a continuous dialogue between theory and concrete examples, back and forth. This introduction has three sections. In other words, is the personal commitment to an inhumane ideology an aggravating or an extenuating circumstance? Rights groups argue that resolving past violence is necessary for a peaceful future.

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Retribution and Reparation in the Transition to Democracy by Jon Elster

retribution and reparation in the transition to democracy elster jon

This global democratic revolution is probably the most important political trend in the late twentieth century. He is also a notable proponent of analytical Marxism, and a critic of neoclassical economics and public choice theory, largely on behavioral and psychological grounds. Nos proponemos comparar el caso espaΓ±ol con el chileno y el argentino. I ask what it means to address the absent victims of deadly injustice given the distance of time and death that separates us from them. De manera ideal la responsabilidad criminal presupone responsabilidad moral, atribuir responsabilidad criminal con independencia de la responsabilidad moral es la base de la doctrina de la responsabilidad objetiva, o strict liability la cual es considerada por muchos como un principio demasiado estricto, porque no toma en cuenta el estado mental del perpetrador del crimen Elster, 2004.

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Retribution and Reparation in the Transition to Democracy : Jon Elster : 9780521829731

retribution and reparation in the transition to democracy elster jon

Although the Polish transition involved genuine negotiations, the regime changes in other Communist countries increasingly approached the collapse mode. Their nuanced considerations of the moral complexities in intergenerational claims for restitution and rich analyses of how emotions, intentions and beliefs shape trials and sanctions push our understanding of transnational justice to new levels. The reopening of cases against Argentinean officers also provides an example. What is unique about this foundation is that reparation politics directly counters the idiom that history is written by the victors. Further, it examines the interaction of common themes that link the post-fragmentation heuristic episodes of transitional justice and development discourses, and proposes that these themes may provide a basis for formulating a unified theory of transitional justice and development. In one sense, nevertheless, the trials were endogenous, since the Unification treaty laid down that any acts to be tried had to be defined as crimes according to the penal codes of both countries.

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Retribution and Reparation in the Transition to Democracy (豆瓣)

retribution and reparation in the transition to democracy elster jon

I argue that the creation of adjudicatory institutions depends on the extent of, and the balance of forces in, the constitution-making process. We offer evidence from the Colombian case, to show what we call the hidden face of justice effect, which occurs when in the transition from war to peace distributional dilemmas arise and generate a social sanction function that creates negative incentives that can affect the achievement of reintegration of ex-combatants and jeopardizes the maintenance of peace. Pointing out the dangers of certain instrumentalized applications of transitional justice in fledgling democracies and divided societies, it reflects on the complexities and contradictions of memory politics displayed in public spaces. In East Germany and Czechoslovakia, where the transitions were even closer to the collapse end of the continuum, no deals were made. This article uses the cases of Iraq, Algeria and Morocco to highlight some of the limitations of the transitional justice impact literature, which often assumes direct, linear relationships exist between transitional justice mechanisms and a variety of outcomes. The chapters in this volume engage the reader in a continuous dialogue between theory and concrete examples, back and forth.

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Retribution and Reparation in the Transition to Democracy

retribution and reparation in the transition to democracy elster jon

We offer evidence from the Colombian case, to show what we call the hidden face of justice effect, which occurs when in the transition from war to peace distributional dilemmas arise and generate a social sanction function that creates negative incentives that can affect the achievement of reintegration of ex-combatants and jeopardizes the maintenance of peace. A further issue concerns the public measures taken to reintegrate and resocialize convicted wrongdoers once they had served their sentence. Which institutional and civil society changes do mostly affect the confidence and trust in and legitimacy of criminal justice? Although not equally flawed, in each case, transitional justice has been used to legitimise the current regime and, particularly in Iraq, to exact revenge against the ancien regime. For other cases not discussed in the present volume β€” and for several of those that are covered herein β€” Kritz 1995 is an invaluable sourcebook. They feature a general theoretical analysis of the processes of retribution and reparation as well as case studies by historians and political scientists who discuss the West European transitions after 1945 and more recent Latin American, East European, and South African transitions to democracy in the 1980s and 1990s. At this volatile time in history, Huntington's assessment of the processes of democratization is indispensable to understanding the future of democracy in the world.

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Retribution and Reparation in the Transition to Democracy

retribution and reparation in the transition to democracy elster jon

As Offe and Poppe argue in their chapter, one explanation may be found in the low level of resources allocated to the investigations and to the high level of respect for the rule of law and notably for the clause in the unification treaty that individuals might be tried only for acts that were crimes under both East German and West German law at the time they were committed. The establishment of democracy following a right-wing dictatorship responsible for the systematic violation of human rights forced all three countries to consider how best to confront this violent past. Individual and social preferences over these processes matter, given that they are likely to scale up to undermine or increase public support for transitional justice programs. Independent variables include the constraints of the actors, their motivations and beliefs, as well as the mechanisms by which individual policy preferences are aggregated into binding collective decisions. This chapter will discuss the development and emergence of this field, bringing together the various strands of the literature and theories that seek to explain the proliferation of reparation politics. In our century, waves of transitional justice have occured in German-occupied countries after 1941, in South- Eastern Europe in the 1970s, in Latin-American countries in the 1980s, and in post-Communist countries after 1989.

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Retribution and Reparation in the Transition to Democracy

retribution and reparation in the transition to democracy elster jon

The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Simultaneously, the demands of victims have largely been given short shrift. In response, I sketch an argument that the absent victims of injustice are not nullities but retain a status, a presence as claimants on justice that defines our efforts to address the wrongs done them. The former East Germany, although not coextensive with the regime that was to judge it, was at least included in it. Virtually without exception, trials and purges after the transition to democracy have deviated from normal legal and administrative procedures. Rwandan genocide survivors currently suffer from widespread poverty, lack of access to health care and housing, inadequate educational opportunity, and food insecurity and malnutrition.

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Retribution and Reparation in the Transition to Democracy

retribution and reparation in the transition to democracy elster jon

With the exception of the South African Truth and Reconciliation Commission discussed by Alex Boraine in his chapter of this book, these commissions have usually not identified any wrongdoers. The latter must deal, in order to secure their viability and credibility of their principles in the future, with past injustices through means and procedures that are consistent with presently valid standards of justice, such as the rule of law and equality before the law. Consider next the temporal dimension of transitional justice itself. Decommunization in Poland is still proceeding today. Are there typical trajectories of delegitimization and relegitimization? This act of law concerned? I write under rather than by, since several of these commission have also examined human rights violations carried out by opponents to the regime. In these contexts, collective memories of and processes of coming to terms with those difficult pasts are entangled in periods of neoliberal economic transformation, political polarization as well as youth mobilization.

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