Democracy Without Justice in Spain

Democracy Without Justice in Spain

Author: Omar G. Encarnacion

Publisher: University of Pennsylvania Press

Published: 2014-01-11

Total Pages: 236

ISBN-13: 0812209052

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Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.


Book Synopsis Democracy Without Justice in Spain by : Omar G. Encarnacion

Download or read book Democracy Without Justice in Spain written by Omar G. Encarnacion and published by University of Pennsylvania Press. This book was released on 2014-01-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.


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.


Book Synopsis Historical Memory and Criminal Justice in Spain by : Josep Maria Tamarit Sumalla

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.


The Politics of Memory

The Politics of Memory

Author: Alexandra Barahona De Brito

Publisher: OUP Oxford

Published: 2001-04-05

Total Pages: 440

ISBN-13: 019152901X

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One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.


Book Synopsis The Politics of Memory by : Alexandra Barahona De Brito

Download or read book The Politics of Memory written by Alexandra Barahona De Brito and published by OUP Oxford. This book was released on 2001-04-05 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.


The Triumph of Democracy in Spain

The Triumph of Democracy in Spain

Author: Paul Preston

Publisher: Routledge

Published: 2003-09-02

Total Pages: 247

ISBN-13: 1134951418

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The Triumph of Democracy in Spain tells a gripping story of the tortuous creation of Spain's constitutional monarchy. The book provides an authoritative account of the tribulations of the forces of progress, beginning in 1969 with the disintegration of Franco's dictatorship and ending with the remarkable Socialist election victory in 1982.


Book Synopsis The Triumph of Democracy in Spain by : Paul Preston

Download or read book The Triumph of Democracy in Spain written by Paul Preston and published by Routledge. This book was released on 2003-09-02 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Triumph of Democracy in Spain tells a gripping story of the tortuous creation of Spain's constitutional monarchy. The book provides an authoritative account of the tribulations of the forces of progress, beginning in 1969 with the disintegration of Franco's dictatorship and ending with the remarkable Socialist election victory in 1982.


Transitional Justice and Memory in Europe (1945-2013)

Transitional Justice and Memory in Europe (1945-2013)

Author: Nico Wouters

Publisher: Intersentia NV

Published: 2014

Total Pages: 0

ISBN-13: 9781780682143

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What lessons can we learn from history, and more importantly: how? Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.


Book Synopsis Transitional Justice and Memory in Europe (1945-2013) by : Nico Wouters

Download or read book Transitional Justice and Memory in Europe (1945-2013) written by Nico Wouters and published by Intersentia NV. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What lessons can we learn from history, and more importantly: how? Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.


Spanish Politics

Spanish Politics

Author: Omar G. Encarnación

Publisher: Polity

Published: 2008-07-08

Total Pages: 207

ISBN-13: 0745639925

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An introductory textbook on contemporary Spanish politics, this book shows how Spain made a smooth transition from authoritarian to democratic rule, each chapter dealing with a different aspect of this process. The book goes on to analyse the consequences of the socialist administration of Zapatero.


Book Synopsis Spanish Politics by : Omar G. Encarnación

Download or read book Spanish Politics written by Omar G. Encarnación and published by Polity. This book was released on 2008-07-08 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introductory textbook on contemporary Spanish politics, this book shows how Spain made a smooth transition from authoritarian to democratic rule, each chapter dealing with a different aspect of this process. The book goes on to analyse the consequences of the socialist administration of Zapatero.


Justice and Democracy

Justice and Democracy

Author: Brian Barry

Publisher: Cambridge University Press

Published: 2004-08-19

Total Pages: 254

ISBN-13: 9780521545433

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Publisher Description


Book Synopsis Justice and Democracy by : Brian Barry

Download or read book Justice and Democracy written by Brian Barry and published by Cambridge University Press. This book was released on 2004-08-19 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description


Amnesty in the Age of Human Rights Accountability

Amnesty in the Age of Human Rights Accountability

Author: Francesca Lessa

Publisher: Cambridge University Press

Published: 2012-05-28

Total Pages: 457

ISBN-13: 110738009X

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This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.


Book Synopsis Amnesty in the Age of Human Rights Accountability by : Francesca Lessa

Download or read book Amnesty in the Age of Human Rights Accountability written by Francesca Lessa and published by Cambridge University Press. This book was released on 2012-05-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.


Spain's Transition to Democracy

Spain's Transition to Democracy

Author: Andrea Bonime-blanc

Publisher:

Published: 2019-10-02

Total Pages: 182

ISBN-13: 9780367288525

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After the death of longtime dictator Generalissimo Franco in 1975, King Juan Carlos acted decisively to institute a dramatic change in Spanish politics. By appointing an unknown Christian democrat, Adolfo Suarez, as prime minister, the king paved the way for the transformation of Spain from an authoritarian regime to a liberal democracy. Central to this singular transition was the formulation of the new Spanish constitution, an unusual process of political give and take. Dr. Bonime-Blanc examines the evolutionary phases of the constitution-making process, describing the conflicts, maneuvers, and compromises of the principal political players involved. Analyzing the negotiations and their constitutional results, she pinpoints the factors that make a successful transition to democracy possible. In her closing chapter, the author illustrates the lessons of the Spanish case and their practical implications for future transitions to democracy.


Book Synopsis Spain's Transition to Democracy by : Andrea Bonime-blanc

Download or read book Spain's Transition to Democracy written by Andrea Bonime-blanc and published by . This book was released on 2019-10-02 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the death of longtime dictator Generalissimo Franco in 1975, King Juan Carlos acted decisively to institute a dramatic change in Spanish politics. By appointing an unknown Christian democrat, Adolfo Suarez, as prime minister, the king paved the way for the transformation of Spain from an authoritarian regime to a liberal democracy. Central to this singular transition was the formulation of the new Spanish constitution, an unusual process of political give and take. Dr. Bonime-Blanc examines the evolutionary phases of the constitution-making process, describing the conflicts, maneuvers, and compromises of the principal political players involved. Analyzing the negotiations and their constitutional results, she pinpoints the factors that make a successful transition to democracy possible. In her closing chapter, the author illustrates the lessons of the Spanish case and their practical implications for future transitions to democracy.


Democracy and the Media

Democracy and the Media

Author: Richard Gunther

Publisher: Cambridge University Press

Published: 2000-08-28

Total Pages: 510

ISBN-13: 9780521777438

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This book presents a systematic overview and assessment of the impacts of politics on the media, and of the media on politics, in authoritarian, transitional and democratic regimes in Russia, Spain, Hungary, Chile, Italy, Great Britain, Germany, Japan, the Netherlands, and the United States. Its analysis of the interactions between macro- and micro-level factors incorporates the disciplinary perspectives of political science, mass communications, sociology and social psychology. These essays show that media's effects on politics are the product of often complex and contingent interactions among various causal factors, including media technologies, the structure of the media market, the legal and regulatory framework, the nature of basic political institutions, and the characteristics of individual citizens. The authors' conclusions challenge a number of conventional wisdoms concerning the political roles and effects of the mass media on regime support and change, on the political behavior of citizens, and on the quality of democracy.


Book Synopsis Democracy and the Media by : Richard Gunther

Download or read book Democracy and the Media written by Richard Gunther and published by Cambridge University Press. This book was released on 2000-08-28 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic overview and assessment of the impacts of politics on the media, and of the media on politics, in authoritarian, transitional and democratic regimes in Russia, Spain, Hungary, Chile, Italy, Great Britain, Germany, Japan, the Netherlands, and the United States. Its analysis of the interactions between macro- and micro-level factors incorporates the disciplinary perspectives of political science, mass communications, sociology and social psychology. These essays show that media's effects on politics are the product of often complex and contingent interactions among various causal factors, including media technologies, the structure of the media market, the legal and regulatory framework, the nature of basic political institutions, and the characteristics of individual citizens. The authors' conclusions challenge a number of conventional wisdoms concerning the political roles and effects of the mass media on regime support and change, on the political behavior of citizens, and on the quality of democracy.