000			03288cam a2200301Ii 4500
001			9781315107950
008			180706s2017 enk ob 001 0 eng d
020			_a9781315107950 _q(e-book : PDF)
020			_a9781351608602 _q(e-book: Mobi)
020			_z9781138091603 _q(hardback)
024	7		_a10.4324/9781315107950 _2doi
035			_a(OCoLC)994557854
043			_ae-sp---
050		4	_aKKT4415 _b.J56 2017
082	0	4	_a345.46077 _bJ617
100	1		_aJimeno Aranguren, Roldan., _eauthor.
245	1	0	_aAmnesties, pardons and transitional justice : _bSpain's pact of forgetting / _cby Roldan Jimeno ; translated by Owen Harrington Fernandez.
264		1	_aAbingdon, Oxon ; _aNew York, NY : _bRoutledge, _c2017.
300			_a1 online resource
490	0		_aDiscourses of law
505	0		_aIntroduction -- Background to Francoist Spain : granting pardons to the defeated in the war and enemies of the regime -- The beginnings of the transition -- The 1977 amnesty law and subsequent clemency measures -- Amnesty during in the post-transition years (1982-2007) -- Amnesty after the historical memory law (2007-2016) -- Conclusion.
520			_aIn a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses its transition, from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty--rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions--can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
650		0	_aPolitical crimes and offenses _zSpain _xHistory.
650		0	_aTransitional justice _zSpain _xHistory.
650		0	_aAmnesty _zSpain _zHistory.
700	1		_aHarrington-Fernandez, Owen, _etranslator.
776	0	8	_iPrint version: _z9781138091603 _w(DLC) 2017028477
856	4	0	_uhttps://www.taylorfrancis.com/books/9781315107950 _zClick here to view.
999			_c126815 _d126815