Time and Legal Change: Some Methodological Remarks on Italy’s Transition to Democracy
| Autor: | Massimo Meccarelli |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2021 |
| Předmět: |
Restorative justice
media_common.quotation_subject fascismo diritto penale Temporality Dictatorship Economic Justice garantismo penale Democracy giustizia di transizione fascismo transizione mutamento giuridico diritto penale garantismo penale amnistia Appeasement giustizia di transizione mutamento giuridico transizione amnistia Political science Normative Comparative historical research Settore IUS/19 - Storia del Diritto Medievale e Moderno Law and economics media_common |
| Zdroj: | Comparing Transitions to Democracy. Law and Justice in South America and Europe ISBN: 9783030675011 |
| Popis: | This chapter focuses on Italy’s struggle to hold Fascism to account between 1943–1946 within the complex framework of the nation’s transition to democracy after World War II. This historical turn will be taken as an example of a specific regime of temporality, one in which the conjunctural features of time exercise an attributive force over legal issues. Responding to the demand for justice was an unavoidable step in the aftermath of the dictatorship, and the manner in which this issue was handled qualified some long-term solutions that were absorbed into the democratic legal order. The tension between restorative justice and national appeasement will be considered on two analytical levels: normative framework and legal debate. The concluding remarks will propose some methodological considerations on the importance of transitional time for historical research, with ascriptive time also being examined in general terms. |
| Databáze: | OpenAIRE |
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