Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-dnltx Total loading time: 0 Render date: 2024-04-24T22:47:45.392Z Has data issue: false hasContentIssue false

Introduction

The Promise and Perils of Transitional Justice

Published online by Cambridge University Press:  11 September 2020

Devin O. Pendas
Affiliation:
Boston College, Massachusetts
Get access

Summary

The introduction discusses the development and substance of transitional justice theory. It shows the main assumptions embedded in this theory, which posits a direct and necessary link between criminal trials for past atrocities and post-authoritarian transitions to democracy. In a nutshell, the theory assumes that better trials lead to better democracy. Transitional justice theory has three main presuppositions. First, the theory assumes that criminal trials have a deterrent effect that prevents new authoritarian atrocities. Second, it asserts that trials offer democratizing lessons in history. Finally, it assumes that trials for past atrocities are necessarily and inherently democratizing because they promote liberal due process rights. The German case calls into question all three of these assumptions. In western Germany, liberalization occurred, but mainly as a way to avoid justice for Nazi crimes. And in the east, fair trials led not to democracy, but to a new authoritarianism.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction
  • Devin O. Pendas, Boston College, Massachusetts
  • Book: Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950
  • Online publication: 11 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781139021074.001
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Introduction
  • Devin O. Pendas, Boston College, Massachusetts
  • Book: Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950
  • Online publication: 11 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781139021074.001
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.

  • Introduction
  • Devin O. Pendas, Boston College, Massachusetts
  • Book: Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950
  • Online publication: 11 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781139021074.001
Available formats
×