Judicial Legitimacy and the Role of Courts: Explaining the Transitional Context of the German Border Guard Cases.
In the Border Guard Cases, the German judicial system was faced with the questions of individual guilt and accountability for state injustice. Through its decisions, the Courts unexpectedly had to raise the issues of whether German courts could help the collective process of coming to terms with the...
| Publicado en: | Oxford Journal of Legal Studies Vol. 32; no. 2; pp. 349 - 382 |
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| Formato: | Artículo |
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Oxford University Press / USA
Summer2012
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=76281022&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 76281022 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 01436503 BJ4 jtl: Oxford Journal of Legal Studies issn: 01436503 maglogo: N pubinfo: dt: Summer2012 vid: 32 iid: 2 pid: 622 pub: Oxford University Press / USA artinfo: ui: 76281022 10.1093/ojls/gqs005 ppf: 349 ppct: 33 formats: fmt: @attributes: type: P size: 211KB tig: atl: Judicial Legitimacy and the Role of Courts: Explaining the Transitional Context of the German Border Guard Cases. aug: au: Künzler, Adrian affil: *Branco Weiss Fellow of Society in Science at Yale Law School, Yale University; Research Associate, Robert Schuman Center for Advanced Studies, European University Institute. Email: adriankuenzler@gmail.com . su: Transitional justice Legitimacy of international agencies Jurisprudence International cooperation Human rights Germany (East) sug: subj: Germany (East) Transitional justice Legitimacy of international agencies Jurisprudence International cooperation Human rights keyword: criminal theory international law judicial discretion jurisprudence legal philosophy transitional justice ab: In the Border Guard Cases, the German judicial system was faced with the questions of individual guilt and accountability for state injustice. Through its decisions, the Courts unexpectedly had to raise the issues of whether German courts could help the collective process of coming to terms with the past. While some authors stressed the important purpose of such trials, others concluded that the soldiers guarding the East German border did so in conformity with East German law and that they should not have been convicted for their actions. This article argues that it was far from clear what the legal situation in East Germany was and that the German Border Guard Cases should be viewed in the larger context of transitional justice. It also argues that in transitional periods, ordinary lawmaking must cope with policy shifts caused by changes in the value judgments of legal elites and citizens. These discontinuities create problems and require us to perceive transitional justice as a distinctive topic presenting a distinctive set of moral and jurisprudential dilemmas. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: © 2019 Oxford University Press. item: Oxford Journal of Legal Studies holder: Oxford University Press / USA dt: @attributes: year: 2012 holdings: @attributes: islocal: N |
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