The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe: In Search of a Theory

ISBN-13: 9783319839639 / Angielski / Miękka / 2018 / 311 str.

Liviu Damşa

Recenzje

"This is an important book, providing valuable material about capitalist transitions and legacies in postcommunist societies and economies. It offers a distinctive framework for theorising post-communist privatisation and restitution. The author provides grounds for a reconsideration of property regime transformation in transitional justice theory." (Rafal Riedel, Europe-Asia Studies, Vol. 70 (3), April, 2018)

Spis treści

1 Acknowledgements.- 2 Abstract.- 3 Table Of Cases.- 4 Table Of Legislation.- 5 Introduction.- 6 Post-Communist Property Transformations And Transitional Justice. Some Historical, Legal And Philosophical Issues.- 7 Justice, Property And Law In  Post-Communist Transformations.- 8 Property In The Communist And Post-Communist Eras.- 9 The Post-Communist Restitution Concept And Its Challenges.- 10 Restitution As Correction  For “Historical Injustice.- 11 “Restitution In Action”  In Post-Communist Central Eastern Europe.  The Cases Of Romania And Poland.- 12 Conclusions.- 13 Selective Bibliography.

Blurb

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs.

The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.