Lustration and Transitional Justice

Lustration and Transitional Justice
Author: Roman David
Publisher: University of Pennsylvania Press
Total Pages: 328
Release: 2011-09-21
Genre: Political Science
ISBN: 0812205766

How do transitional democracies deal with officials who have been tainted by complicity with prior governments? Should they be excluded or should they be incorporated into the new system? In Lustration and Transitional Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. While the Czech Republic approved a lustration (vetting) law based on the traditional method of dismissals, Hungary and Poland devised alternative models that granted their tainted officials a second chance in exchange for truth. David classifies personnel systems as exclusive, inclusive, and reconciliatory; they are based on dismissal, exposure, and confession, respectively, and they represent three major classes of transitional justice. David argues that in addition to their immediate purposes, personnel systems carry symbolic meanings that help explain their origin and shape their effects. In their effort to purify public life, personnel systems send different ideological messages that affect trust in government and the social standing of former adversaries. Exclusive systems may establish trust at the expense of reconciliation, while inclusive and reconciliatory systems may promote both trust and reconciliation. In spite of its importance, the topic of inherited personnel has received only limited attention in research on transitional justice and democratization. Lustration and Transitional Justice is the first attempt to fill this gap. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in government, reconciliation, and collective memory.

Transitional Justice in Poland

Transitional Justice in Poland
Author: Frances Millard
Publisher: Bloomsbury Publishing
Total Pages: 273
Release: 2021-01-14
Genre: History
ISBN: 0755601343

In this study of the mechanisms of transitional justice in Poland, Frances Millard asks: How does society come to terms with its past? How should it punish the perpetrators of oppression and acknowledge its victims? In the former communist countries of Central and Eastern Europe the task of answering these questions came down to the need to eliminate the communist parties' hold over the state, the economy and society in order to move towards democracy. Millard argues that the key step in achieving this was uncovering the truth about the previous regime's past, prosecuting the perpetrators of past crimes and providing compensation and restitution for its victims. Through the specific case of Poland, Millard provides a comprehensive assessment of the mechanisms and institutions used to achieve this, such as lustration, law enforcement through a Constitutional Tribunal and institutions dedicated to dealing with the past such as the Institute of National Remembrance. Crucially, these processes have assumed new significance in recent years after the Law and Justice Party came to power in 2015, using transitional justice as a tool of political control which has enabled the restructuring of Polish democracy.

Transitional Justice in Eastern Europe and the Former Soviet Union

Transitional Justice in Eastern Europe and the Former Soviet Union
Author: Lavinia Stan
Publisher: Routledge
Total Pages: 326
Release: 2009-01-13
Genre: Law
ISBN: 1135970998

This book examines transitional justice in Eastern Europe and the former USSR, exploring their attempts to come to terms with the gross human abuses which characterized their communist past. It considers transitional justice in all its aspects, explaining why different countries adopted different models and how successful they have been.

Skeletons in the Closet

Skeletons in the Closet
Author: Monika Nalepa
Publisher: Cambridge University Press
Total Pages: 329
Release: 2010-01-25
Genre: Political Science
ISBN: 0521514452

This book explores pacted transitions to democracy, in which former autocrats are granted amnesty in exchange for allowing free elections.

Transitional Justice and the Former Soviet Union

Transitional Justice and the Former Soviet Union
Author: Cynthia M. Horne
Publisher: Cambridge University Press
Total Pages: 442
Release: 2018-02-22
Genre: Law
ISBN: 1108195822

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.

Justice as Prevention

Justice as Prevention
Author: Pablo De Greiff
Publisher: SSRC
Total Pages: 568
Release: 2007
Genre: Law
ISBN: 0979077214

Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

Transitional Justice in Balance

Transitional Justice in Balance
Author: Tricia D. Olsen
Publisher: United States Institute of Peace Press
Total Pages: 0
Release: 2010
Genre: Philosophy
ISBN: 9781601270535

In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.

Remembrance, History, and Justice

Remembrance, History, and Justice
Author: Vladimir Tismaneanu
Publisher: Central European University Press
Total Pages: 517
Release: 2015-01-01
Genre: History
ISBN: 963386092X

The twentieth century has left behind a painful and complicated legacy of massive trauma, monstrous crimes, radical social engineering, creating collective/individual guilt syndromes that were often specters haunting the process of democratization in the various societies that have emerged out of these profoundly de-structuring contexts, such as Germany, Romania, Russia and others.

Transitional Justice and Development

Transitional Justice and Development
Author: Pablo De Greiff
Publisher:
Total Pages: 0
Release: 2009
Genre: Developing countries
ISBN: 9780979077296

As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.