Against several recent interpretations, I argue in this paper that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but also (...) a representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. I conclude the paper by defending Kant's theory of democratization against charges of consequentialism and paternalism and by pointing out its similarity to other accounts of democratic transitions (for example, those of Samuel Huntington and Guillermo O'Donnell), suggesting a previously unnoticed opportunity for cross-fertilization between political philosophy and comparative politics. (shrink)

In 2005 The Institute for Philosophy and Social Theory has undertaken a reputed interview, based on identical methodology but on a reduced sample in six towns in Serbia. The objective was to examine how citizens see the circumstances in society today, five years after the October turn, and what conditions their attitudes towards: the policy of new democratic powers, of democratic parties and those of the ex-regime, as well as towards the problems they are confronted with, and whether (...) the initial optimism has gone and why. The results obtained by this interview show that after five years of experience with democratic transition the interviewees are more critical regarding the actual democratic policy, and more likely to forget the reasons created by the former regime as obstacles to a successful democratic transition. For this reason, disappointment has grown, and an initial optimism gives its place to pessimism, with vanishing of the hope in the possibility of radical democratic change. This makes it possible to give a chance to the Radical Party in a future election. But, in spite of current confusion among citizens produced by the examined state of affairs, as well as the ambiguities in certain attitudes, this inquiry suggests that the interviewees have provided a quite realistic evaluation of the actual conditions in Serbian society today, and that their criticism, which arises from disappointment, does not completely cancel a positive attitude towards democratic transition, since their criticism results from dissatisfaction with the unrealized democratic principles and values after October 5th. Institut za filozofiju i drustvenu teoriju je obavio 2005. ponovljeni intervju, radjen istom metodologijom, ali na skracenom, desetoprocentnom uzorku i u sest gradova Srbije, sa ciljem da se proveri sta se promenilo u vidjenju gradjana o politici u drustvu posle pet godina od oktobarskog prevrata i sta uslovljava njihove stavove prema: politici demokratskih vlasti, prema strankama bivseg rezima i problemima sa kojima se suocavaju, kao i da li je nestao pocetni optimizam i zasto. Rezultati pokazuju da su posle petogodisnjeg iskustva ispitanici kriticniji prema politici demokratskih vlasti, skloniji da zaborave razloge koje je proizveo bivsi rezim kao prepreke za demokratski preobrazaj drustva, te da je poraslo razocaranje i nezadovoljstvo postignutim, a pocetni optimizam sve vise ustupa mesto pesimizmu i gubljenju nade u mogucnost radikalnijih demokratskih promena, sto uslovljava i stav o mogucem davanju sanse radikalima na sledecim izborima. Ali i pored zbunjenosti gradjana zbog nastale nepovoljne situacije i ambivalentnosti izvesnih stavova, istrazivanje sugerise da su ispitanici realnije procenili aktualno stanje drustva i da kriticnost, koja proizlazi iz nezadovoljstva zbog neostvarenih obecanja, ali i zbog neartikulisanih ciljeva razvoja, ne potire u potpunosti pozitivni stav prema demokratskoj transformaciji, buduci da se kritika uglavnom pokazuje kao rezultat razocaranja sto se ne ostvaruju demokratski principi posle 5. oktobra. (shrink)

The book contains twelve essays by Stephen Holmes, Frances M. Kamm, Mária Ludassy, Steven Lukes, Gyorgy Markus, András Sajó, Gáspár Miklós Tamás, Andrew Arato, Timothy Garton Ash, Béla Greskovits, Will Kymlicka, and Aleksander Smolar. The studies explore a wide scope of subjects that belong to disciplines ranging from moral philosophy, through theory of human rights, democratic transition, constitutionalism, to political economy. The common denominator of the studies collected is their reference to the scholarly output of János Kis, in honor (...) of his sixtieth birthday. János Kis is a distinguished political philosopher who, after many years spent as a dissident under the Communist regime, emerged as an important political figure in Hungary's transition to democracy. Currently he is University Professor of Philosophy at Central European University, Budapest. (shrink)

This article defends three basic premises. First, the same conditions and forces favorable to revolution may serve to impede efforts at post-revolutionary consolidation. Second, one can assess prospects for consolidation based on the capacity of prospective hegemonic parties to achieve several interrelated objectives: developing a shared worldview among disparate segments of the population, delivering social and economic goods, and establishing order. Third, while democratization is a home-grown process, it may require particular forms of limited intervention to offset anti-democratic forces. (...) The goal of this article is to provide an analytical framework that informs the ongoing debates over democratic transitions while suggesting where and how external engagement may influence the transition process. (shrink)

This article proposes a normative theory of reparations for political violence from the standpoint of contemporary critical theory debates on recognition and redistribution. I argue that any satisfactory reparations theory should aspire to ‘status parity’, a term coined by Nancy Fraser, and should include symbolic and material components for both individuals and groups. The essay argues that reparations can promote a number of worthy goals, including the reaffirmation of moral respect and dignity of victims.

The tendency for abstract theorists of democratization to overlook gender dynamics is perhaps exacerbated in the South African case, where racial inequality is obviously key. Yet, attention to the processes through which South African activists inserted gender issues into discussions about how to construct new institutions provides an unusual prism through which to explore the gendered character of citizenship. After providing an explanation for the unusual prominence of gender concerns in South Africa's democratization, the article argues that during the drawn-out (...) democratic transition, South African activists, often influenced by international feminist discussions, developed a collective definition of gender interests and began to build those interests into the structure of democratic institutions, in ways that will affect politics and the definition of “women's interests” in the future. (shrink)

The French Revolution has ceased to be the paradigm case of progressive social revolution. Historians increasingly argue that the heart of the revolutionary experience was the Terror and that the Terror prefigured 20thcentury totalitarianism. This article contests that view and argues that totalitarianism is too blunt a category to distinguish between varying experiences of revolution and further questions if revolutionary outcomes are ideologically determined. It argues that by widening the set of revolutions to include 17th and 18th century cases, as (...) well as the velvet revolutions of the 1990s, we can reinterpret the French Revolution as a characteristic case of democratic transition with particular features. (shrink)

Between States is the first book that assesses systematically the broad implications of interim governments in the establishment of democratic regimes and on the existence of states. Based on historical and contemporary democratisation experiences, the book presents four ideal types of interim government: opposition-led provisional governments, power-sharing interim governments, incumbent-led caretaker governments, and international interim government by the United Nations. The first part explores the theoretical problems of each of these models from a broad comparative perspective. It uses as (...) illustrations historical and contemporary cases that present a wide spectrum of contexts for comparison. The second part provides extensive case studies that are intended to illustrate, appraise, amplify and criticise the analysis in volume one. These include Iran, East Germany, Portugal, Afghanistan, and Yugoslavia. (shrink)

The article presents the processes of public discourse construction and dynamics. On the national level, symbolic processes are related to the position of the country in the international environment. Being a collective political actor on the discursive scene, the country is involved in legitimation mechanisms in the interaction stream with other political actors, i.e. its foreign counterparts. Upon intentions to enter the mainstream European culture after the transition period, Spain became discursively involved in the mutual legitimation procedures involving a number (...) of political partners and based on the requirement of institutional isomorphism. Consistently presented within the propitious approach of new institutionalism on the corporate level (e.g. Meyer and Rowan 2006), it is advanced herein on the national level of Spanish discursive policies. (shrink)

The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help the reproduction of (...) democracy. However, their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. (shrink)

This essay defends a pragmatic approach to transitional justice by arguing that it provides a convincing view of the relationships between theory and practice and is true to the nature of democratic justice itself.

Historically, there has been little agreement between advocates of radical financial reform and socialist theoreticians. However, in the new circumstances of the twenty-first century, a productive synthesis of these two traditions might be possible. Drawing on the franchise model of credit creation elaborated by Robert C. Hockett and the dysfunctions created by the extreme concentration of private financial institutions, this article outlines a reform agenda that would both democratize finance and facilitate the flow of funds into valuable forms of investment (...) that are currently starved for resources. If the new institutions envisioned in this proposal were able to take root and expand, they could ultimately facilitate a transition to socialism, defined as the subordination of the market to democratic politics. (shrink)

The current ‘crisis of democracy’ has given rise to various debates concerning the nature of democratic politics and the role of education in it. The possibility of education to contribute to the creation of democratic citizens has been placed into question; especially the ‘traditional’ approaches to democratic education, deriving from liberal and deliberative theories, have been criticized for their non-correspondence with political and educational realities. Against this background, this special issue focuses on the question, how should the (...) role of democratic education be understood in the current political, cultural, and theoretical landscape? The issue brings together different theoretical perspectives (including pragmatism, theory of political emotions, Arendtian philosophy, critical human rights education, and defensive democracy) that offer pathways to think democratic education anew at this critical ‘transitional’ period. (shrink)

Vehement resentment and indignation are rife in societies emerging from dictatorship or civil conflict. How should institutions deal with these emotions? Arguing for the need to recognize and constructively engage negative public emotions, Mihaela Mihai contributes theoretically to the growing field of transitional justice. Drawing on an extensive philosophical literature and case studies of democratic transitions in South Africa, South America, and Eastern Europe, her book rescues negative emotions from their bad reputation and highlights the obstacles and the opportunities (...) such emotions create for democracy. By valorizing negative emotions, either through the judicial review of transitional justice bills or the criminal trials of victimizers, institutions realize the value of respect and concern for all while contributing to a public culture hospitable to democracy. (shrink)

There are many commonalities between the goals of transitional justice and domestic redress movements. We look at the movement for reparations for enslavement and Jim Crow in the United States as an example of a domestic reparations movement, and argue for the usefulness of the concept of transitional justice. We are particularly interested in showing that a future democratic transition – the end of mass incarceration – could animate a renewed push for reparations and a formal investigation into America’s (...) legacy of racial injustice. (shrink)

The case of post-Dayton Bosnia and Herzegovina (BiH) provides an interesting lens through which to reflect on the interconnected and often conflicting challenges of implementation of internationally brokered peace agreements, external support to democratic transition and consolidation, and contemporary notions of sovereignty and state building. This chapter suggests that in the case of BiH, certain contradictions and tradeoffs have been and may still be necessary to ensure a foundation for future stability and democratic consolidation. The situation in post-Dayton (...) BiH can be described as a frozen conflict that has remained frozen in large part due to an international presence that ensures that an imperfect peace prevails while also providing a basis for incremental reform. The peace implementation process in BiH is briefly reviewed by looking at two reform strategies: the “soft” protectorate strategy used in BiH as a whole and the “hard” protectorate option exercised in the District of Brčko. The aim is to demonstrate that while a democratic end-state remains the goal in such transitions, the means toward getting there can include a number of contradictory policy options. (shrink)

Feminist transitional justice has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic Republic (...) of Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition. (shrink)

Drawing on current debates at the frontiers of economics, psychology, and political philosophy, this book explores the challenges that arise for liberal democracies from a confrontation between modern technologies and the bounds of human rationality. With the ongoing transition of democracy's underlying information economy into the digital space, threats of disinformation and runaway political polarization have been gaining prominence. Employing the economic approach informed by behavioral sciences' findings, the book's chief concern is how these challenges can be addressed while preserving (...) a commitment to democratic values and maximizing the epistemic benefits of democratic decision-making. The book has two key strands: it provides a systematic argument for building a behaviorally informed theory of democracy; and explores how scientific knowledge on quirks and bounds of human rationality can inform the design of resilient democratic institutions. Drawing these together, the book explores the centrality of the rationality assumption in the methodological debates surrounding behavioral sciences as exemplified by the dispute between neoclassical and behavioral economics; the role of rationality in democratic social choice; behaviorally informed paternalism as a response to the challenge of irrationality; and non-paternalistic avenues to increase the resilience of the democratic institutions towards political irrationality This book is invaluable reading for anyone interested in behavioral economics and sciences, political philosophy and the future of democracy. (shrink)

Transitional justice scholars are increasingly concerned with measuring the impact of transitional justice initiatives. Scholars often assume that TJ mechanisms must be properly designed and ordered to achieve lasting effect, but the impact of TJ timing and sequencing has attracted relatively little theoretical or empirical attention. Focusing on Latin America, this article explores variation within the region as to when TJ occurs and the order in which mechanisms are implemented. We utilize qualitative comparative analysis to assess the impact of TJ (...) timing and sequencing on democratic development. We find little evidence for path dependency owing to the chronological order of mechanisms. We do find, however, that amnesties and trials approach a sufficient condition for democratic consolidation in Latin America; trials, however, come closest to being a necessary condition for successful democratic consolidation. (shrink)

How is it possible, that after the exhilarating start of democratic transitions in the late 1980s and 1990s, today authoritarian–populist options seem to be emerging in many new, as well as old democracies? Why does populism, that in most of its historical varieties has been anti-institutional and anti-procedural, turn to constitution making and constitutional rhetorics as one of its main arenas of contestation? The answers to these questions are related. In the following, in the form of six theses, I (...) start with what I mean by ‘populism’. Next, I wish to point to the two deficits of liberal democracy that provides the context for the rise of populist politics. These deficits according to me have been intensified in many of the new democracies. I continue by stressing populisms own deficits as the reason for turning to the constituent power. I end with a consideration of what liberal democrats can do to address the causes of the populist temptation. (shrink)

Transitional justice is positioned as an emergent discourse to grapple with the aim, and subsequent practices, of moving societies mired in violent political relations to more stable, democratic political relations. Increasingly, precepts of transitional justice are being applied to political reconciliatory processes in so- called liberal democratic states. This article examines limitations to transitional justice paradigms especially when applied to Indigenous-state reconciliatory processes by centering Indigenous scholarly discourse critical of both transitional justice and reconciliation processes that position Indigenous (...) peoples, Indigenous lands, and the landed violence of colonialism as fixed in the past. The article offers an analysis of the limitations of neoliberal transitional justice and reconciliation processes that do not realize justice for Indigenous peoples and Indigenous lands by highlighting Indigenous-centered accounts of justice that promote collective capacities of Indigenous nations rooted in the ability of Indigenous peoples to experience themselves in the world in ways that center relations to land, world, and relatives (human and non-human). (shrink)

Whether to a `liberal' or a `people's' democracy, the evolution of modern political systems has been consistently theorized as a `transition'. Elaborated within Marxism as the `transition to communism' and later recycled by modernization theory and comparative politics, this concept has been tightly connected to the development of macro-societal analysis. This paper argues that any attempt at writing its history should be sensitive to the deep-seated ambivalence of this concept, which has alternatively lent itself to either teleological or non-teleological interpretations. (...) But far from matching the ready-made division between Marxist and non-Marxist political sociology, this ambivalence has always been internal to these different social scientific traditions. As a result, the same conceptual issues and tensions can be identified within the Marxist and, later, Soviet doctrine on the one hand, and Western social sciences on the other hand, from the sociology of development of the 1950s to comparative democratization in the 1980s. (shrink)

Most new democracies face a challenge of reshaping the political culture to support the new democratic political order. This can often be a long-term process, complicated by the Realpolitik of governing in a new political (and often economic) system. One of the mechanisms of cultural change is generational change. New generations socialized after a democratic transition are presumably educated into the political norms of the new democratic regime. However, one can also imagine that the young lack clear (...) political cues because they grow up under a system in transition, or even reject the new order if it is accompanied by widespread social dislocation. The study of generational change in new democracies thus provides insights into the processes transforming a nation's political culture. We analyze generational change in the new democracies of East Asia using the Second Wave of the East Asian Barometer. We examine support for a democratic/authoritarian regime and the citizenship norms that underlie a democratic process (such as the rule of law and political tolerance). Our results yield evidence of significant generational change in regime norms in these new democracies, which suggests that the political culture is gradually being transformed. (shrink)

This article seeks to provide a comprehensive re-evaluation of the redistributive models of democracy advanced by Carles Boix, and Daron Acemoglu and James Robinson, their reception within the democratization literature, and the subsequent trajectories of their authors. Contrary to the existing literature, which commonly envisions RMDs as a unified framework, this article argues that Boix and Acemoglu and Robinson’s models should be understood as divergent theories of democratic transitions. In the aftermath of numerous criticisms, both authors have developed sharply (...) different understandings of democratization. We argue that Acemoglu and Robinson have backtracked from their original formulation toward a “Whiggish” history of the rise of liberty, while Boix has increasingly reverted to the core propositions of classical modernization theory. In the process, this article argues that RMDs have lost, and reneged on, much of their apparent explanatory power regarding transitions to and reversions from democracy. (shrink)

Elizabeth Anderson exalts the transition from the aristocratic to the modern ethic of debt as one of the most significant cultural achievements of capitalism. Whereas the debitor was once forced to compromise his liberty, dignity, and equality, today the rights and freedoms of insolvents are legally protected, and disadvantaged members of the community can readily obtain credit without personal supplication. Anderson’s intuition was, until recently, widely shared. Then came the financial crisis of 2007-08 and the ensuing global recession, triggered by (...) mass defaults among “sub-prime” borrowers. Many had entered the mortgage market with no proof of income, no assets behind them, no down-payment, a chequered credit history, and a generally reduced repayment capacity. Suddenly a flurry of criticism was unleashed against the lowering of credit standards and the government programs which pressured lenders to service the poor. My aim in this paper is not to assess the democratization of credit from the point of view of economic efficiency or political prudence, but rather to provide a much needed ethical appraisal. Any number of reasons might be advanced for why a particular government policy is morally objectionable. I will concentrate on the least controversial reason conceivable: the policy violates the rights of citizens. Whether this is true of government-driven credit-democratization - specifically, whether it violates the rights of the lenders compelled to act as agents of the policy, the rights of the third parties exposed to the risks associated with the expansion of credit markets, or both – is the question that I take up here. (shrink)

How do societies transitioning from oppressive to democratic rule hold accountable those citizens who contributed to maintaining injustice in the ancient regime by secretly denouncing fellow citizens? Is their public identification a way of fulfilling respect for those who suffered harm as a result of their collaboration? And is public identification respectful of denunciators themselves? This book pursues these questions through a multidisciplinary investigation focusing on the denunciators for the East German secret police and the Ministry of State Security (...) and the way in which they have been publicly unveiled in contemporary German society. The book evaluates the justifications that social actors offer to support or oppose public identifications; how targeted collaborators react to this social practice; and whether it achieves its intended purpose. At every stage, the book asks whether the motivations and the consequences of public identifications honor or undermine the value of respect for people. (shrink)

This paper seeks to contribute to the field of transitional justice by adding new insights about the role that trials of victimizers can play within democratization processes. The main argument is that criminal proceedings affirming the value of equal respect and concern for both victims and abusers can contribute to the socialization of citizens’ politically relevant emotions. More precisely, using law constructively to engage public resentment and indignation can be successful to the extent that legality is not sacrificed. In order (...) to locate this argument within the rich literature on the pedagogical functions of transitional trials this paper enters a dialogue with three emblematic texts. Lawrence Douglas’s narrative jurisprudence approach, Judith Shklar’s critique of the limits of legalism, and Marc Osiel’s interest in ‘discursive solidarity’ represent starting points for a more complex conceptualization of the relationship between democracy, law and emotional education within transformational periods. (shrink)

The years that followed the fall of the Berlin wall and various authoritarian regimes in different regions of the world, witnessed the growth of a wide literature on democratization, which was influenced more and more by the paradigm of transition and the “consolidation” of democracy. Since then, evaluations as well as perspectives through which were seen various regimes (the new democracies “with problems”) are developed mainly through the theoretical lens of consolidation paradigm, according to which full democratic consolidation was (...) the endpoint of regime transitions. But it has become clear today that in many countries, in which more than three decades have passed since the fall of authoritarian regimes, the issue of “completion” of democracy in their social and political context is still far from being a happy reality. The purpose of this paper is to criticize both in the theoretical and the empirical level, the concept of “consolidation of democracy”, seeing it as a non-valid concept for the study of democratization. This paper will argue that essentially the concept of consolidation is teleological and problematic in the sense that democracy is seen not as a process but an endpoint product. (shrink)

The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the (...) work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author's position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored? (shrink)

This mixed-methods study examines the human rights and human rights education and training (HRET) perspectives and practices of law educators in Myanmar during the democratic transition that ended with the 2021 coup. “Contextual, Theoretical, and Methodological Framing” provides an overview of legal and human rights education in Myanmar, discusses the potential of human rights education in law schools during democratic transitions, addresses why educators’ human rights and human rights education perspectives and practices are important to examine, and presents (...) the research methodology. “Findings” presents findings based on the two phases of research during the transitional period: phase 1 (2015–2017)—law instructors’ perspectives and practices after participating in a multi-year HRET program; and phase 2 (2019–2020)—law instructors’ perspectives on the goals, challenges, and potential of HRET in Myanmar. The third section—“Discussion and Implications”—examines the contextual challenges and opportunities for human rights education as related to (1) critical human rights education, (2) practice-oriented HRET, and (3) administrative policies and practices for human rights and HRET within universities. (shrink)

This paper examines the Obama Administration’s approach to democracy promotion in Egypt. After a brief discussion of the motivation for promoting democracy, this essay compares the Obama Administration to its predecessor and analyzes the changes that were spurred by the Arab Awakening. Did the Obama Administration, during and after the 2011 Revolution, fully support democratic change in Egypt not only with rhetoric but also with the financial and programmatic support necessary to help a transitioning country? Did the Obama Administration (...) offer a consistent message on the importance of democratic policies? Or did the administration allow other policy objectives to trump democratic efforts? This paper explores the language, policies, and funding employed by the Obama Administration in Egypt to see what the impact has been. (shrink)

This article analyzes how the concept of desencanto (disenchantment) was framed within the political discourse of the Spanish democratic transition as a way of delegitimizing radical political actors and normalizing the realpolitik of elite consensus. Through an analysis of the ubiquitous mainstream press usage of the term between 1977 and 1982, I argue that the combination of emotional and temporal meanings assigned to the concept worked to reinforce the moderation exhibited by government positions. Desencanto represented the disappointment or sadness (...) felt by those hoping for a revolutionary rupture with Franco's dictatorship, which was associated to nostalgia or pathological relationships of the past. With the “revolution,” or “utopia” of the past, critics made clear that the radical Left was nostalgic or unrealistic for political projects that did not belong in a modern democracy, exclusively understood from the single and present-oriented politics of moderation and the possible. (shrink)

National legal systems undergo profound changes when they are confronted with undemocratic power seizure. The same occurs when they experience a transition (back) to democracy. Thus far, these two types of transition have been studied in relative isolation. Nevertheless, it seems that both undemocratic usurpers and democratizing regimes affect the role of fundamental rule-of-law principles in similar ways. This article compares both types of transition and suggests that pragmatism and national identity are the driving forces behind similar legal mechanisms, affecting (...) legal principles, in those two forms of transition. Drawing on Carl Schmitt's idea of the state of exception and Ruti Teitel's work on transitional justice, this article shows that both kinds of transition share the same fundamental legal structure. (shrink)

Although there is no more iconic, stalwart, and eloquent defender of liberty and representative democracy than J.S. Mill, he sometimes endorses non-democratic forms of governance. This article explains the reasons behind this seeming aberration and shows that Mill actually has complex and nuanced views of the transition from non-democratic to democratic government, including the comprehensive and parallel material, cultural, institutional, and character reforms that must occur, and the mechanism by which they will be enacted. Namely, an enlightened (...) despot must cultivate democratic virtues such as obedience, industriousness, spirit of nationality, and resistance to tyranny in the population and simultaneously prepare the way for his own demise and secure his own legitimacy by transitioning to the rule of law. This challenges recent scholarship that paints Mill’s non-democratic views as crudely and uncritically imperialist, because it fails to recognize and engage seriously with his sophisticated (if ultimately problematic) theory of individual and institutional development under enlightened colonialism. (shrink)

This article investigates how South Korea was able to make relatively smooth democratic transition and deepening by relying on recent scholarship on democratization. It argues that this may be attributed in part to Korea’s regionalist politics. Its detrimental implications for democracy in general nonetheless. Despite its regionalism in Korea served democratization in two ways: first, by helping Korea’s politics move from the principled confrontation between the democratic forces and the authoritarian forces to the more pragmatic contestation between regionalist (...) political actors; second, by guaranteeing major political actors some minimum political power and thus providing them with motivations to adhere to Korea’s fledgling democratic game. (shrink)

This article takes stock of the project of ecological democracy, a project that has been central to debates in Environmental Values since the late 1990s. Whilst we can identify quite distinct articulations of eco-democratic thinking emerging out of the fields of green political theory, postcolonial/feminist political ecology and science studies/radical geography, it is argued that these discussions have reached something of an impasse of late following the rise of climate scepticism, authoritarian populisms and technocratic eco-modernisms. Resurgent eco-authoritarian impulses and (...) the hankering for a ‘green leviathan’, a climate Lenin or a ‘dictatorship of the sustainment’ to resolve our climate crisis make it more important than ever to affirm the need for just, rapid and democratic post-carbon transitions. The article goes on to outline how emerging discussions in radical design studies focused on redirective practice in conjunction with a revived eco-socialist focus on labour-focused political ecologies might open up different possibilities for a materialist re-grounding of ecodemocratic discussions. It is suggested that a political ecology of design embedded in public institutions, the workplace and civil society could possibleyreground a more substantive vision of ecological democracy but also allow us to think about the forms of creative labour that could drive the just transition. (shrink)

Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional (...) and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists. (shrink)