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PART I - GENERAL ISSUES

Published online by Cambridge University Press:  03 December 2009

Jon Elster
Affiliation:
Robert K. Merton Professor of Social Science in the Department of Political Science, Columbia University
Jon Elster
Affiliation:
Columbia University, New York
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Summary

The main topics of the present volume are reparation (restitution and compensation) and retribution (purges and trial) after the transition to democracy. Part I and Part II present case studies of these processes. In Part I, Tyler Cowen and Jon Elster offer more general conceptual discussions of these two phenomena. Cowen draws on and extends earlier writings (notably Waldron 1992) to bring out some of the paradoxes involved in “undoing the past.” Many of these issues turn out to have considerable practical importance, notably when we go from reparations that occur in the immediate aftermath of transition to rectification of historical injustice more generally (see Chapter 14). Elster confronts the practice of retribution in transitional justice with the standard justifications for punishment offered by legal scholars (e.g., von Hirsch 1993). He concludes that the deterrence arguments sometimes offered in defense of severe punishment are defective, and that arguments from desert tend to be indeterminate.

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Publisher: Cambridge University Press
Print publication year: 2006

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  • GENERAL ISSUES
    • By Jon Elster, Robert K. Merton Professor of Social Science in the Department of Political Science, Columbia University
  • Edited by Jon Elster, Columbia University, New York
  • Book: Retribution and Reparation in the Transition to Democracy
  • Online publication: 03 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511584343.003
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  • GENERAL ISSUES
    • By Jon Elster, Robert K. Merton Professor of Social Science in the Department of Political Science, Columbia University
  • Edited by Jon Elster, Columbia University, New York
  • Book: Retribution and Reparation in the Transition to Democracy
  • Online publication: 03 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511584343.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • GENERAL ISSUES
    • By Jon Elster, Robert K. Merton Professor of Social Science in the Department of Political Science, Columbia University
  • Edited by Jon Elster, Columbia University, New York
  • Book: Retribution and Reparation in the Transition to Democracy
  • Online publication: 03 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511584343.003
Available formats
×