Human Rights and Political Justice in Post-Communist Eastern Europe : Prosecuting History
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This study is an assessment of the process of political justice taking place in post-Communist Eastern Europe. While concentrating on specific case studies, it also offers a comprehensive picture of the general debate on accountability for past human rights violations which usually takes place in societies in transition from repressive regimes. The study underlines the complexity of the political reality in which the expectations for accountability for state-sponsored violations of human rights are answered. It argues for the necessity of combining individual and collective responsibility for human rights violations.
“Her analysis is penetrating, well-researched, and brings many interesting and valuable insights to the subject. . . . One of the major points of interest of her book is its concentration on the concept of collective responsibility. A great deal has been written about individual responsibility in the human rights field, and although that is of course important, the present work is especially significant because of its rigorous grappling with the very complex notion of collective responsibility. . . . will be of very considerable interest to anyone interested in these issues – eastern Europe, human rights abuse, and responsibility. At the same time it is written to the highest scholarly standards and will provide new insights and understanding for the specialist.” – Denis Galligan, Director, Centre for Socio-Legal Studies, Oxford
“Dr. Aurora Voiculescu’s book is carving a new path of legal thinking into the area of protection of human rights. This book is an excellent contribution to the ongoing debate on justice in times of transition from a repressive regime. . . .Voiculescu skilfully demonstrates that the human rights violations which took placed under the Communist regime should be set at the core of the search for justice. The book competently argues that this search for justice should be built upon a combination of legal mechanisms in which individual criminal responsibility for human rights violations is carefully complemented by the concept of collective political responsibility for these same crimes.” – Prof. Dr. Gunther Teubner, Johan Wolfgang Goethe-Universitat, Frankfurt am Main
Table of Contents
Table of contents (main headings)
1. Collective Responsibility as a Dimension of Political Justice
2. On Prosecuting: Political Justice Through Criminal Law Measures
3. On Screening: Political Justice Through Administrative Procedures and Non-Criminal Law
4. Theories of Collective Responsibility: The Political Organisation as a Legal Actor
5. Nomenklatura as a Political and Legal Actor
6. Collective Political Responsibility: Quo Vadis?
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