Transitional Justice

This is a truly interesting and insightful analysis of one of the fundamental issues for political science of our times -- how the emerging democracies in Eastern Europe and elsewhere should deal with the legal systems inherited from their authoritarian pasts. As Teitel cogently observes, implicated in this large issue are a variety of extremely interesting and difficult questions. Should the past system be repudiated altogether? Should the leaders from the authoritarian period be punished? If so, how? Under what principles of law would punishment be justified, given that the leaders were, in general, acting legally according to the legal systems in effect at the time? This book is the first systematic treatment of these issues. In fact, Teitel may be the first scholar to identify the major problem and to place it in a systematic intellectual context. She brings an exceptional breadth of knowledge to bear on the problem, ranging across history and, in contemporary culture, across the globe Latin America, Africa, and Europe). A superb accomplishment, and must reading for anyone interested in the role of law in contemporary world politics.

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.

Annotation 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 thisquestion 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 acompelling 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 liberaltransition. 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 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. "Ruti G. 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. Taking 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."--Jacket Contents......Page 12 Introduction......Page 16 ONE: The Rule of Law in Transition......Page 24 TWO: Criminal Justice......Page 40 THREE: Historical Justice......Page 82 FOUR: Reparatory Justice......Page 132 FIVE: Administrative Justice......Page 162 SIX: Constitutional Justice......Page 204 SEVEN: Toward a Theory of Transitional Justice......Page 226 Epilogue......Page 242 Notes......Page 244 B......Page 298 C......Page 299 G......Page 300 K......Page 301 O......Page 302 S......Page 303 U......Page 304 Z......Page 305 Contents 12 Introduction 16 ONE: The Rule of Law in Transition 24 TWO: Criminal Justice 40 THREE: Historical Justice 82 FOUR: Reparatory Justice 132 FIVE: Administrative Justice 162 SIX: Constitutional Justice 204 SEVEN: Toward a Theory of Transitional Justice 226 Epilogue 242 Notes 244 Index 298 A 298 B 298 C 299 D 300 E 300 F 300 G 300 H 301 I 301 J 301 K 301 L 302 M 302 N 302 O 302 P 303 Q 303 R 303 S 303 T 304 U 304 V 305 W 305 Y 305 Z 305 The last decades of the 20th century have borne witness to an accelerated pace of transitions from authoritarian rule all over the world. Drawing from instances over time, this text argues for an extraordinary conception of justice in transition This chapter explores the various legal responses to illiberal rule and the guiding rule-of-law principles in these times.