Franco S Justice

Publisher Description

This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.

An overview of critical conceptual approaches to water justice, illustrated with global historic and contemporary case studies of socio-environmental struggles.

Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.

Madrid became one of the key symbols of Republican resistance to General Franco during the Spanish Civil War following the Nationalists' failure to take the city in the winter of 1936-7. Yet despite the defiant cries of 'No pasarán', they did eventually pass on 28 March 1939. This book examines the consequences in Madrid of Franco's unconditional victory in the Spanish Civil War. Using recently available archival material, this study shows how the punishment of the vanquished was based on a cruel irony - Republicans, not the military rebels of July 1936, were held responsible for the fratricidal conflict. Military tribunals handed out sentences for the crime of 'military rebellion'; mere passivity towards the Nationalists before 1939 was not only made a civil offence under the Law of Political Responsibilities but could cause dismissal from work; and freemasons and Communists, specifically blamed for the Civil War, were criminalized by decree in March 1940. However, contrary to much that has been written on the subject, the post-war Francoist repression was not exterminatory. Genocide did not take place in post-war Madrid. While a minimum of 3113 judicial executions took place between 1939 and 1944, death sentences were largely based on accusations of participation in 'blood crimes' that occured in Madrid in 1936. Moreover, and unlike most other accounts of the Francoist political violence, this book is concerned with the question of when and why mass repression came to an end. It shows that the sheer numbers of cases opened against Republican 'rebels', and the use of complex pre-war bureaucratic procedures to process them, produced a crisis that was only resolved by decisions taken by the Franco regime in 1940-1 to abandon much of the repressive system. By 1944, mass repression had come to an end.

Unearthing Franco's Legacy addresses the debate in Spain resulting from the discovery and exhumation of mass graves created by General Francisco Franco during the Spanish Civil War.

Explores the effect of justice measures on 'regime consolidation' in a post-transition context.

This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.