CHAPTER FIVE Administrative Justice

This chapter turns to where the law itself is the engine of revolutionary change. In negotiated political transitions, the transformation often depends on the force of law. Politicized public law can effect radical change when it distributes power explicitly on the basis of the new ideology. Sweeping politicized administrative measures have been pervasive in periods of political change worldwide: after the American Civil War, in the shift from slave to free state; in postwar Europe, in the shift from fascism to democracy; in postcommunist Europe, in the shift from totalitarian to freer market economies; in postmilitary Latin America, in the shift to civilian rule. The asserted purpose of the politicized exercise of administrative law is always the noble one of guarding the transition; nevertheless, this use of the law, grounded as it is in categorical judgment, resembles the political justice of totalitarian regimes. Such measures raise the question, What is the relation of illiberal means to liberal ends? Where an illiberal ideology has permeated society, what is the hope for moving that society toward a more liberal political system? What is the potential for revolution by law? To what extent do transitional societies rely on past political behavior as the basis for transformation? What if any are the normative parameters? What justifies the overtly political measures? How can the successor regime's interest be reconciled with concerns for individual rights? The inevitable dilemma is one of means and ends. Is transitional administrative justice a necessary evil on the road to societal transformation?

The core dilemma is eloquently captured in an exchange between Arthur Koestler and Maurice Merleau-Ponty about the Stalinist purges. In their argument, Koestler and Merleau-Ponty invoke the figures of the "commissar" and the "yogi" to represent opposing sides: The commissar defends political purges because he believes in revolution and that "the end justifies the use of all means;" the yogi opposes the purges because he believes in the impossibility of revolutionary change, which leads him to conclude that since "the end is unpredictable, . . . the means alone count." 1 It is this question, What are the

-149-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Transitional Justice
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xi
  • Introduction 3
  • Chapter One - the Rule of Law in Transition 11
  • Chapter Two - Criminal Justice 27
  • Chapter Three - Historical Justice 69
  • Chapter Four - Reparatory Justice 119
  • Chapter Five - Administrative Justice 149
  • Chapter Six - Constitutional Justice 191
  • Chapter Seven - Toward a Theory of Transitional Justice 213
  • Epilogue 229
  • Notes 231
  • Index 285
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 294

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.