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Full-Text Articles in Social and Behavioral Sciences

Colonization And The Rule Of Law: Comparing The Effectiveness Of Common Law And Civil Law Countries, Sandra F. Joireman Jan 2004

Colonization And The Rule Of Law: Comparing The Effectiveness Of Common Law And Civil Law Countries, Sandra F. Joireman

Political Science Faculty Publications

The rule of law is one of the most important components of any explanation of cross-national differences in economic well-being. But what leads to better rule of law in a country? Using an institutional approach this paper probes the effect of legal systems in influencing the rule of law. There has long been speculation that the countries adopting English common law are better at providing legal dispute resolution than those adopting the continental forms of civil law. That speculative assessment is found to be true only in those countries that have been colonized, further analysis demonstrates that it is the …


Retributive Justice: The Gacaca Process In Rwanda, Sandra F. Joireman, Allison Corey Jan 2004

Retributive Justice: The Gacaca Process In Rwanda, Sandra F. Joireman, Allison Corey

Political Science Faculty Publications

After decades of cycling violence between Hutu and Tutsi groups in Rwanda and Burundi, violence peaked in 1994 with a genocide of Tutsis in Rwanda, during which the Hutu majority slaughtered 800,000 Tutsi and moderate Hutus, leaving the country with 120,000 accused génocidaires awaiting trial. Rwanda's gacaca courts were established as a response to the backlog of untried genocide cases. These courts disturbingly distinguish between genocide and war crimes committed during the same era, trying only those accused of genocide. This article argues that the gacaca process will contribute to the insecurity of all Rwandan citizens in the future, since …


Stalin's Secret Pogrom:The Postwar Inquisition Of The Jewish Anti-Fascist Committee (Book Review), David Brandenberger Jan 2004

Stalin's Secret Pogrom:The Postwar Inquisition Of The Jewish Anti-Fascist Committee (Book Review), David Brandenberger

History Faculty Publications

Stalin’s Secret Pogrom is a fascinating volume that presents many challenges as a historical source. Much of the information about the JAC and its associates contained in the transcript ought to be treated with great caution. Not only were the charges trumped-up, but the defendants were tortured, and their testimony was coerced. Nor should the transcript itself be studied as an orchestrated spectacle of Stalinist propaganda, inasmuch as the trial was held in secret and lacked much of the hyperbole characteristic of the show trials of the 1930s. Instead, the transcript testiªes to the bravery of many of the defendants, …