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Democracy, Nazi Trials, and Transitional Justice in Germany, 19451950 [Kietas viršelis]

(Boston College, Massachusetts)
  • Formatas: Hardback, 230 pages, aukštis x plotis x storis: 160x235x15 mm, weight: 490 g, Worked examples or Exercises
  • Išleidimo metai: 24-Sep-2020
  • Leidėjas: Cambridge University Press
  • ISBN-10: 0521871298
  • ISBN-13: 9780521871297
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 230 pages, aukštis x plotis x storis: 160x235x15 mm, weight: 490 g, Worked examples or Exercises
  • Išleidimo metai: 24-Sep-2020
  • Leidėjas: Cambridge University Press
  • ISBN-10: 0521871298
  • ISBN-13: 9780521871297
Kitos knygos pagal šią temą:
"This book is a history of transitional justice in occupied Germany. The book offers a new way of looking at the role of law in political transitions. Scholars and activists have long argued that prosecuting past atrocities promotes democracy in the wakeof dictatorship. This view is, at best, overly simplistic. The two Germanys started in more or less the same place, politically speaking. Both practiced transitional justice extensively. Yet the results were diametrically opposed: democracy in the West, dictatorship in the East. Transitional justice does not necessarily produce only one kind of political outcome. It can be democratizing but it can also help build authoritarianism. The book shows how Nazi trials were "better" in the East than in the West,in that there were more of them, with more stringent sentences, and a more adequate theory of justice. Yet the eastern trials helped the new Stalinist dictatorship's claim to legitimacy. In the West, judges and lawyers defended Nazis in the name of liberal rights and the rule of law. This got Nazis off the hook, but it also promoted democracy. The politics of transitional justice can be paradoxical, creating unintended consequences and surprising outcomes"--

Recenzijos

'A vast literature insists that the transition from authoritarianism to democracy demands that a nation frankly reckon with its past crimes. Pendas's new book brilliantly challenges this view. In exploring Germany's half-hearted and vexed efforts to punish and purge former Nazis and 'fellow travelers', he demonstrates how the German nation achieved an important political success at the cost of a disturbing moral failure. His is a fine and singular achievement.' Lawrence Douglas, Amherst College 'Pendas has spun a powerful cautionary tale about transitional justice, a necessary corrective to the idea that liberal-legal trials in the aftermath of atrocity necessarily lead to democratization. As Pendas shows with his usual erudition, the very different political fates of West and East Germany undermine any such happy teleology. An absolute must-read - and will no doubt be read for years to come.' Kevin Jon Heller, University of Copenhagen 'This is the definitive account of the 'Nuremberg interregnum' In a tour de force, Pendas takes the reader from Nuremberg to Dachau, Lüneburg, and Waldheim, and to the many places where investigations never made it to trial. Combining a keen eye for detail with analytical rigour, Pendas reasserts historians' authority on transitional justice's potential and its limitations. This excellent book shows how unintended consequences and perennially irrational actors defy neat models and precise cost-benefit analyses.' Kim Christian Priemel, University of Oslo 'Pendas has written a deeply researched and conceptually sophisticated book Pendas' insightful and important book will interest a wide scholarly audience, especially theoreticians of transitional justice, scholars of human rights, historians of the Holocaust, and specialists in modern German history.' Charles B. Lansing, Journal of Interdisciplinary History ' writing soberly, thoughtfully and astutely, Pendas strikes at the heart of the notion of transitional justice by arguing that its actual unfolding in a formative time and place shakes the ground beneath the generally accepted theory of its happily democratizing power.' Douglas G. Morris, EuropeNow ' the book is a valuable addition to the growing literature on Germany's judicial reckoning with the Nazi past the book provides a major corrective, based on deep historical research ' Norman J.W. Goda, Journal of Modern History

Daugiau informacijos

Compares Nazi trials in East and West Germany from 19451950 to challenge assumptions about the political outcomes of prosecuting mass atrocities.
Acknowledgments vi
Introduction: The Promise and Perils of Transitional Justice 1(22)
1 Allied Justice and Its Discontents
23(42)
2 Allied Policy toward German Courts
65(39)
3 Debating Crimes against Humanity in the West
104(34)
4 Debating Democracy in the East
138(27)
5 The Trials That Did Not Happen
165(27)
Epilogue 192(10)
Bibliography 202(14)
Index 216
Devin O. Pendas is Professor of History at Boston College. He is the author of The Frankfurt Auschwitz Trial, 19631965 (2010) and co-editor of Political Trials in Theory and History (2017) and Beyond the Racial State: Rethinking Nazi Germany (2018) as well numerous articles on the history of Holocaust trials and international law.