Historical Memory and Criminal Justice in Spain
Historical Memory and Criminal Justice in Spain

Author: Josep Maria Tamarit Sumalla

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781780681436

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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.

Law and Memory
Law and Memory

Author: Uladzislau Belavusau

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 461

ISBN-13: 110718875X

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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.

Regime Consolidation and Transitional Justice
Regime Consolidation and Transitional Justice

Author: Anja Mihr

Publisher: Cambridge University Press

Published: 2018-01-18

Total Pages: 479

ISBN-13: 1108502334

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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.

The History of Modern Spain
The History of Modern Spain

Author: Adrian Shubert

Publisher: Bloomsbury Publishing

Published: 2017-12-14

Total Pages: 505

ISBN-13: 147259200X

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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.

Memory and Amnesia
Memory and Amnesia

Author: Paloma Aguilar Fernández

Publisher: Berghahn Books

Published: 2002

Total Pages: 360

ISBN-13: 9781571817570

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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.

In Praise of Forgetting
In Praise of Forgetting

Author: David Rieff

Publisher: Yale University Press

Published: 2016-01-01

Total Pages: 158

ISBN-13: 0300182791

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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.

Memory Laws and Historical Justice
Memory Laws and Historical Justice

Author: Elazar Barkan

Publisher: Springer Nature

Published: 2022-09-30

Total Pages: 336

ISBN-13: 3030949141

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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.

Memories of the Spanish Civil War
Memories of the Spanish Civil War

Author: Ruth Sanz Sabido

Publisher: Rowman & Littlefield

Published: 2016-07-25

Total Pages: 211

ISBN-13: 1783483709

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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.

Crimes against Humanity in the 21st Century
Crimes against Humanity in the 21st Century

Author: Robert Dubler SC

Publisher: BRILL

Published: 2018-07-23

Total Pages: 1102

ISBN-13: 9004347682

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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.

Transitional Justice in Italy and the Crimes of Fascism and Nazism
Transitional Justice in Italy and the Crimes of Fascism and Nazism

Author: Paolo Caroli

Publisher: Taylor & Francis

Published: 2022-06-10

Total Pages: 336

ISBN-13: 1000593339

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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.