Lustration Transitional Justice In Poland And Its Continuous Struggle To Make Means With The Past
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Lustration: Transitional Justice in Poland and Its Continuous Struggle to Make Means With the Past
Poland was the first East Central European nation to transfer from totalitarian rule to democracy. Although resistance to the communist regime existed since 1956, it was not until 1980 that this transition began to develop. Negotiations between Poland's communist regime and its opposition allowed for the first free elections in East Central Europe in the summer of 1989 and with in months, regimes throughout the region began to fall. Poland's neighbors, Germany and the Czech Republic, immediately adopted policies concerning the crimes of the previous regime upon their transfer but Poland did not. Poland's failure to implement legislation concerning transitional justice led to almost a decade of political turmoil and infighting. In order for an emerging democracy to become effective, it must separate itself from the ideals of the old regime and those individuals and policies that enforced its repression. This thesis will examine the post 1989 governments of Poland, Czechoslovakia/Czech Republic, and East Germany including how each of these nations held the criminal functionaries of the previous regime accountable, while the transition to a democratic state unfolded in turn in the 1990s. It will provide insight as to why Poland, after legislation in 1996, is still struggling with implementation of transitional justice eighteen years after transition.
Lustration and Transitional Justice
Author: Roman David
language: en
Publisher: University of Pennsylvania Press
Release Date: 2011-09-21
How do transitional democracies deal with officials who have been tainted by complicity with prior governments? Should they be excluded or should they be incorporated into the new system? In Lustration and Transitional Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. While the Czech Republic approved a lustration (vetting) law based on the traditional method of dismissals, Hungary and Poland devised alternative models that granted their tainted officials a second chance in exchange for truth. David classifies personnel systems as exclusive, inclusive, and reconciliatory; they are based on dismissal, exposure, and confession, respectively, and they represent three major classes of transitional justice. David argues that in addition to their immediate purposes, personnel systems carry symbolic meanings that help explain their origin and shape their effects. In their effort to purify public life, personnel systems send different ideological messages that affect trust in government and the social standing of former adversaries. Exclusive systems may establish trust at the expense of reconciliation, while inclusive and reconciliatory systems may promote both trust and reconciliation. In spite of its importance, the topic of inherited personnel has received only limited attention in research on transitional justice and democratization. Lustration and Transitional Justice is the first attempt to fill this gap. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in government, reconciliation, and collective memory.
Transitional Justice
Author: Ruti G. Teitel
language: en
Publisher: Oxford University Press
Release Date: 2002-03-28
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.