RECONCILIATION AND CRIMINAL LAW DURING THE POLITICAL TRANSITION

RECONCILIATION AND CRIMINAL LAW DURING THE POLITICAL TRANSITION Afshin Ellian* R E C O N C I L I A T I O N A N D C R I M I N A L L A W D U - R I N G T H E P O L I T I C A L T R A N S I T I O N V i o l e n t conflicts dominate the countries where human rights are violated on a massive scale. Extravagant violence governs the political culture during such conflicts. We can best describe political power in such countries using the metaphor of a body that is legally constructed. The political body unifies the laws and the organization of the country; behind this body, the people, the authorities, promote its existence and continuity. The authorities characterize the o p p o s i t i o n against such political body as a "bacteria" that aims at destroying the body and, by implication, the legal order. Consequently, the machinery of violence must be used to remove such bacteria from the foundation (namely, society) that supports such political body. The prolonged strife between the opposition and the established political order, as http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

RECONCILIATION AND CRIMINAL LAW DURING THE POLITICAL TRANSITION

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Publisher
Brill
Copyright
© 1998 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
D.O.I.
10.1163/221125998X00047
Publisher site
See Article on Publisher Site

Abstract

Afshin Ellian* R E C O N C I L I A T I O N A N D C R I M I N A L L A W D U - R I N G T H E P O L I T I C A L T R A N S I T I O N V i o l e n t conflicts dominate the countries where human rights are violated on a massive scale. Extravagant violence governs the political culture during such conflicts. We can best describe political power in such countries using the metaphor of a body that is legally constructed. The political body unifies the laws and the organization of the country; behind this body, the people, the authorities, promote its existence and continuity. The authorities characterize the o p p o s i t i o n against such political body as a "bacteria" that aims at destroying the body and, by implication, the legal order. Consequently, the machinery of violence must be used to remove such bacteria from the foundation (namely, society) that supports such political body. The prolonged strife between the opposition and the established political order, as

Journal

Tilburg Law ReviewBrill

Published: Jan 1, 1998

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