Download or read book Historical Memory and Criminal Justice in Spain written by Josep Maria Tamarit Sumalla and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Download or read book Memory and Amnesia written by Paloma Aguilar Fernández and published by Berghahn Books. This book was released on 2002 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a rich variety of sources, this book explores how the historical memory of the Spanish Civil War influenced the transition to democracy in Spain after Franco's death in 1975.
Download or read book Regime Consolidation and Transitional Justice written by Anja Mihr and published by Cambridge University Press. This book was released on 2018-01-18 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regime Consolidation and Transitional Justice explores the effect of transitional justice measures on 'regime consolidation', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey's long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always 'more' democratic than their predecessors and do not always enhance democracy post-regime consolidation.
Download or read book The History of Modern Spain written by Adrian Shubert and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History of Modern Spain is a comprehensive examination of Spain's history from the beginning of the 19th century to the present day. Bringing together an impressive group of leading figures and emerging scholars in the field from the UK, Canada, the United States, Spain and other European countries, the book innovatively combines a strong and clear political narrative with chapters exploring a wide range of thematic topics, such as gender, family and sexuality, nations and nationalism, empire, environment, religion, migrations and Spain in world history. The volume includes a series of biographical sketches of influential Spaniards from intellectual, cultural, economic and political spheres which provides an interesting, alternative way into understanding the last 220 years of Spanish history. The History of Modern Spain also has a glossary, a chronology and a further reading list. This is essential reading for all students of the modern history of Spain.
Download or read book In Praise of Forgetting written by David Rieff and published by Yale University Press. This book was released on 2016-01-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading contrarian thinker explores the ethical paradox at the heart of history's wounds The conventional wisdom about historical memory is summed up in George Santayana's celebrated phrase, "Those who cannot remember the past are condemned to repeat it." Today, the consensus that it is moral to remember, immoral to forget, is nearly absolute. And yet is this right? David Rieff, an independent writer who has reported on bloody conflicts in Africa, the Balkans, and Central Asia, insists that things are not so simple. He poses hard questions about whether remembrance ever truly has, or indeed ever could, "inoculate" the present against repeating the crimes of the past. He argues that rubbing raw historical wounds--whether self-inflicted or imposed by outside forces--neither remedies injustice nor confers reconciliation. If he is right, then historical memory is not a moral imperative but rather a moral option--sometimes called for, sometimes not. Collective remembrance can be toxic. Sometimes, Rieff concludes, it may be more moral to forget. Ranging widely across some of the defining conflicts of modern times--the Irish Troubles and the Easter Uprising of 1916, the white settlement of Australia, the American Civil War, the Balkan wars, the Holocaust, and 9/11--Rieff presents a pellucid examination of the uses and abuses of historical memory. His contentious, brilliant, and elegant essay is an indispensable work of moral philosophy.
Download or read book Memory Laws and Historical Justice written by Elazar Barkan and published by Springer Nature. This book was released on 2022-09-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines state efforts to shape the public memory of past atrocities in the service of nationalist politics. This political engagement with the 'duty to remember', and the question of historical memory and identity politics, began as an effort to confront denialism with regard to the Holocaust, but now extends well beyond that framework, and has become a contentious subject in many countries. In exploring the politics of memory laws, a topic that has been overlooked in the largely legal analyses surrounding this phenomenon, this volume traces the spread of memory laws from their origins in Western Europe to their adoption by countries around the world. The work illustrates how memory laws have become a widespread tool of governments with a nationalist, majoritarian outlook. Indeed, as this volume illustrates, in countries that move from pluralism to majoritarianism, memory laws serve as a warning – a precursor to increasingly repressive, nationalist inclinations.
Download or read book Memories of the Spanish Civil War written by Ruth Sanz Sabido and published by Rowman & Littlefield. This book was released on 2016-07-25 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spanish Civil War left a legacy of destruction, resentment and deep ideological divisions in a country that was attempting to recover from economic stagnation and social inequality. After Franco’s victory, the repression and purge that ensued immersed Spain in a spiral of fear and silence which continued long after the dictator’s death, through ‘the pact of oblivion’ that was observed during the transition to democracy. Memories of the Spanish Civil War: Conflict and Community in Rural Spain attempts to break this silence by recovering the local memories of survivors of the Civil War and the early years of Franco’s dictatorship. Combining oral testimony gathered in one Andalusian village, with archival research, this ethnographic study approaches the expression of memory as an important site of socio-political struggle.
Download or read book Transitional Justice in Italy and the Crimes of Fascism and Nazism written by Paolo Caroli and published by Taylor & Francis. This book was released on 2022-06-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.
Download or read book Crimes against Humanity in the 21st Century written by Robert Dubler SC and published by BRILL. This book was released on 2018-07-23 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Crimes Against Humanity in the 21st Century, Dr Robert Dubler SC and Matthew Kalyk provide a comprehensive analysis of crimes against humanity in international criminal law. The text tracks the crime from its conceptual origins in antiquity, to its emergence in customary international law at Nuremberg, to the establishment of the ‘modern definition’ at the Hague with the ICTY, ICTR and ICC, and finally to recent state practice and jurisprudence. The text sets out conclusions about the legal elements of the crime and contends that the raison d'être of the crime is located not in the inhumanity of its authors’ actions but in the extent to which its authors threaten international peace and security so as to justify international intervention. With a foreword by Geoffrey Robertson QC.
Download or read book Amnesties Pardons and Transitional Justice written by Roldan Jimeno and published by Routledge. This book was released on 2017-09-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
Download or read book Transitional Justice and the Public Sphere written by Chrisje Brants and published by Bloomsbury Publishing. This book was released on 2017-11-02 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
Download or read book Legacies of Violence in Contemporary Spain written by Ofelia Ferrán and published by Routledge. This book was released on 2016-07-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, interdisciplinary study of the multiple legacies of Francoist violence in contemporary Spain, with a special focus on the exhumations of mass graves from the Civil War and post-war era. The various contributions frame their study within a broader reflection on the nature, function and legacies of state-sanctioned violence in its many forms. Offering perspectives from fields as varied as history, political science, literary and cultural studies, forensic and cultural anthropology, international human rights law, sociology, and art, this volume explores the multifaceted nature of a society’s reckoning with past violence. It speaks not only to those interested in contemporary Spain and Western Europe, but also to those studying issues of transitional and post-transitional justice in other national and regional contexts.
Download or read book Human Rights written by Christian Tomuschat and published by OUP Oxford. This book was released on 2014-09-25 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.
Download or read book Justice and Memory After Dictatorship written by Raluca Grosescu and published by Oxford University Press. This book was released on 2024-01-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.
Download or read book Sites of Violence and Memory in Modern Spain written by Antonio Míguez Macho and published by Bloomsbury Publishing. This book was released on 2021-10-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sophisticated study, Antonio Míguez Macho and his team of expert scholars explore the connections between violence and memory in modern Spain. Most importantly for a nation with an uncomfortable relationship with its own past, this book reveals how sites of violence also became sites of forgetting. Centred around places of violence such as concentration camps and military courts where prisoners endured horrific forced labour and were sentenced to death, this book looks at how and why the history of these sites were obscured. Issues addressed include: how Guernica came to represent Francoist front-line brutality and so concealed violence behind the lines; the need to preserve drawings made by concentration camp inmates that record a history the regime hoped to silence; the contests over plaques and monuments erected to honour victims; and the ways forging a historical record through human rights cases helps shape a new collective memory. Shining a spotlight on these important topics for the first time, this book provides a new perspective on one of the major issues of 20th-century Spanish history: the history and memory of Francoist violence. As such, Sites of Violence and Memory in Modern Spain is an invaluable resource for all scholars of modern Spain, memory culture, and public history.
Download or read book Injustice Memory and Faith in Human Rights written by Kalliopi Chainoglou and published by Routledge. This book was released on 2017-07-20 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.
