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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.
Why did formerly independent Chilean judges, trained under and
appointed by democratic governments, facilitate and condone the
illiberal, antidemocratic, and anti-legal policies of the Pinochet
regime? Challenging the assumption that adjudication in
non-democratic settings is fundamentally different and less
puzzling than it is in democratic regimes, this book offers a
longitudinal analysis of judicial behavior, demonstrating striking
continuity in judicial performance across regimes in Chile. The
work explores the relevance of judges' personal policy preferences,
social class, and legal philosophy, but argues that institutional
factors best explain the persistent failure of judges to take
stands in defense of rights and rule of law principles.
Specifically, the institutional structure and ideology of the
Chilean judiciary, grounded in the ideal of judicial apoliticism,
furnished judges with professional understandings and incentives
that left them unequipped and disinclined to take stands in defense
of liberal democratic principles, before, during, and after the
authoritarian interlude.
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.
Why did formerly independent Chilean judges, trained under and
appointed by democratic governments, facilitate and condone the
illiberal, antidemocratic, and anti-legal policies of the Pinochet
regime? Challenging the assumption that adjudication in
non-democratic settings is fundamentally different and less
puzzling than it is in democratic regimes, this book offers a
longitudinal analysis of judicial behavior, demonstrating striking
continuity in judicial performance across regimes in Chile. The
work explores the relevance of judges' personal policy preferences,
social class, and legal philosophy, but argues that institutional
factors best explain the persistent failure of judges to take
stands in defense of rights and rule of law principles.
Specifically, the institutional structure and ideology of the
Chilean judiciary, grounded in the ideal of judicial apoliticism,
furnished judges with professional understandings and incentives
that left them unequipped and disinclined to take stands in defense
of liberal democratic principles, before, during, and after the
authoritarian interlude.
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