Retribution in the transition to democracy

Jon Elster

pp. 19-36

in: Arend Soeteman (ed), Pluralism and law, Berlin, Springer, 2001

Abstrakt

In many transitions to democracy, agents of the pre-democratic regime are subjected to trials and purges. The paper confronts the procedures that were adopted and their justifications with the main theories of retributive justice. It is also argued that many of the forms and punishment that were chosen correspond closely to the main emotional reactions to collaboration.