Historical Memory and Criminal Justice in Spain : A Case of Late Transitional Justice

Language: English

Published by Lefebvre Belgium Sa Jul 2013, 2013

1780681437 / 9781780681436

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Seller: AHA-BUCH GmbH, Einbeck, GermanyAHA-BUCH GmbH

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Neuware - The Spanish transition from the Franco regime to democracy has not been a very popular subject among researchers examining transitional justice at the international level. However, Spain presents certain peculiarities that make it an interesting case in which to explore comparative law and sociology. It has sometimes been seen as a model of peaceful transition, but has also been labeled as an example of an 'amnesic' transition to a democratic system in which victims' rights, justice, and truth were forgotten. In contrast to other transitions, demands for justice were not expressed during what was the purely transitional period, but they have been on the increase since then. That is why, in this case, we can speak of 'post-transitional justice' or, more properly, of 'late transitional justice.' This book analyzes 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 examined. 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. Therefore, the book proposes a plan of action including different measures, such as the creation of a commission of memory, which would be in charge of investigating, not only violent crimes or torture, but also other related crimes, including child abduction and politically-motivated unlawful adoptions and those perpetrated in a systematic way during the dictatorship. A victim-centered approach requires ensuring that each victim has the right to be considered on the basis of his or her own suffering, needs, and rights, and not as a member of a large group. (Series: Series on Transitional Justice - Vol. 14).…

Seller Inventory # 9781780681436

Title
Historical Memory and Criminal Justice in Spain : A Case of Late Transitional Justice
Author
Tbd
Publisher
Lefebvre Belgium Sa Jul 2013
Publication year
2013
Condition
Neu
Binding
Buch
Language
English
ISBN 10
1780681437
ISBN 13
9781780681436
Item weight
551 grams
Dimensions
244x170x14 mm

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