An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional ...Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
A masterful new account of old regime France by one of the world's most prominent political philosophers France before 1789 traces the historical origins of France's National Constituent Assembly of ...1789, providing a vivid portrait of the ancien régime and its complex social system in the decades before the French Revolution. Jon Elster writes in the spirit of Alexis de Tocqueville, who described this tumultuous era with an eye toward individual and group psychology and the functioning of institutions. Whereas Tocqueville saw the old regime as a breeding ground for revolution, Elster, more specifically, identifies the rural and urban conflicts that fueled the constitution-making process from 1789 to 1791. He presents a new approach to history writing, one that supplements the historian's craft with the tools and insights of modern social science. Elster draws on important French and Anglo- American scholarship as well as a treasure trove of historical evidence from the period, such as the Memoirs of Saint-Simon, the letters of Madame de Sévigné, the journals of the lawyer Barbier and the bookseller Hardy, the Remonstrances of Malesherbes, and La Bruyère's maxims.Masterfully written and unparalleled in scope, France before 1789 is the first volume of a trilogy that promises to transform our understanding of constitution making in the eighteenth century. Volume 2 will look at revolutionary America in the years leading up to the Constitutional Convention of 1787 while the third volume will examine all facets of the French and American assemblies, from how they elected their delegates and organized their proceedings to how they addressed issues of separation of powers and representation.
A masterful new account of old regime France by one of the world's most prominent political philosophers France before 1789 traces the historical origins of France's National Constituent Assembly of ...1789, providing a vivid portrait of the ancien régime and its complex social system in the decades before the French Revolution. Jon Elster writes in the spirit of Alexis de Tocqueville, who described this tumultuous era with an eye toward individual and group psychology and the functioning of institutions. Whereas Tocqueville saw the old regime as a breeding ground for revolution, Elster, more specifically, identifies the rural and urban conflicts that fueled the constitution-making process from 1789 to 1791. He presents a new approach to history writing, one that supplements the historian's craft with the tools and insights of modern social science. Elster draws on important French and Anglo-American scholarship as well as a treasure trove of historical evidence from the period, such as the Memoirs of Saint-Simon, the letters of Madame de Sévigné, the journals of the lawyer Barbier and the bookseller Hardy, the Remonstrances of Malesherbes, and La Bruyère's maxims. Masterfully written and unparalleled in scope, France before 1789 is the first volume of a trilogy that promises to transform our understanding of constitution making in the eighteenth century. Volume 2 will look at revolutionary America in the years leading up to the Constitutional Convention of 1787 while the third volume will examine all facets of the French and American assemblies, from how they elected their delegates and organized their proceedings to how they addressed issues of separation of powers and representation.
The book proposes a new interpretation of Alexis de Tocqueville that views him first and foremost as a social scientist rather than as a political theorist. Drawing on his earlier work on the ...explanation of social behavior, Elster argues that Tocqueville's main claim to our attention today rests on the large number of exportable causal mechanisms to be found in his work, many of which are still worthy of further exploration. Elster proposes a novel reading of Democracy in America in which the key explanatory variable is the rapid economic and political turnover rather than equality of wealth at any given point in time. He also offers a reading of The Ancien Régime and the Revolution as grounded in the psychological relations among the peasantry, the bourgeoisie, and the nobility. Consistently going beyond exegetical commentary, he argues that Tocqueville is eminently worth reading today for his substantive and methodological insights.
One of the world's most important political philosophers, Jon Elster is a leading thinker on reason and rationality and their roles in politics and public life. In this short book, he crystallizes ...and advances his work, bridging the gap between philosophers who use the idea of reason to assess human behavior from a normative point of view and social scientists who use the idea of rationality to explain behavior. In place of these approaches, Elster proposes a unified conceptual framework for the study of behavior.
Drawing on classical moralists as well as modern scholarship, and using a wealth of historical and contemporary illustrations,Reason and Rationalitymarks a new development in Elster's thinking while at the same time providing a brief, elegant, and accessible introduction to his work.
James Madison wrote, 'Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob'. The contributors to this volume discuss and for the most part challenge this ...claim by considering conditions under which many minds can be wiser than one. With backgrounds in economics, cognitive science, political science, law and history, the authors consider information markets, the internet, jury debates, democratic deliberation and the use of diversity as mechanisms for improving collective decisions. At the same time, they consider voter irrationality and paradoxes of aggregation as possibly undermining the wisdom of groups. Implicitly or explicitly, the volume also offers guidance and warnings to institutional designers.
Elster proposes a normative theory of collective decision making, inspired by Jeremy Bentham but not including his utilitarian philosophy. The central proposal is that in designing democratic ...institutions one should reduce as much as possible the impact of self-interest, passion, prejudice and bias on the decision makers, and then let the chips fall where they may. There is no independently defined good outcome that institutions can track, nor is there any way of reliably selecting good decision makers. In addition to a long initial chapter that surveys theories of collective decision making, notably social choice theory, and a chapter expounding and discussing Bentham's views, historical chapters on the jury, constituent assemblies and electoral systems develop and illustrate the main ideas. This work draws on a welter of case studies and historical episodes, from Thucydides and Plutarch to the present. It is also grounded in psychology, behavioral economics and law.
The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime ...preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.
In the spirit of Jeremy Bentham's Political Tactics, this volume offers the first comprehensive discussion of the effects of secrecy and publicity on debates and votes in committees and assemblies. ...The contributors - sociologists, political scientists, historians, legal scholars - consider the micro-technology of voting (the devil is in the detail), the historical relations between the secret ballot and universal suffrage, the use and abolition of secret voting in parliamentary decisions, and the sometimes perverse effects of the drive for greater openness and transparency in public affairs. The authors also discuss the normative questions of secret versus public voting in national elections and of optimal mixes of secrecy and publicity, as well as the opportunities for strategic behavior created by different voting systems. Together with two previous volumes on Collective Wisdom (Cambridge University Press, 2012) and Majority Decisions (Cambridge University Press, 2014), the book sets a new standard for interdisciplinary work on collective decision-making.
This book presents the most complete set of analytical, normative, and historical discussions of majority decision making to date. One chapter critically addresses the social-choice approach to ...majority decisions, whereas another presents an alternative to that approach. Extensive case studies discuss majority voting in the choice of religion in early modern Switzerland, majority voting in nested assemblies such as the French Estates-General and the Federal Convention, majority voting in federally organized countries, qualified majority voting in the European Union Council of Ministers, and majority voting on juries. Other chapters address the relation between majority decisions and cognitive diversity, the causal origin of majority decisions, and the pathologies of majority decision making. Two chapters, finally, discuss the counter-majoritarian role of courts that exercise judicial review. The editorial Introduction surveys conceptual, causal, and normative issues that arise in the theory and practice of majority decisions.
