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Showing 1 - 4 of 4 matches in All Departments
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.
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.
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