Synopses & Reviews
In recent years, no modern democracy has taken more aggressive steps to come to terms with a legacy of dictatorship than has the Federal Republic of Germany with the crimes and injustices of Communist East Germany. In this book, A. James McAdams provides a comprehensive and engaging examination of the four most prominent instances of this policy: criminal trials for the killings at the Berlin Wall; the disqualification of administrative personnel for secret-police ties; parliamentary truth-telling commissions; and private property restitution. On the basis of extensive interviews in Bonn and Berlin over the 1990s, McAdams gives new insight into the difficulties German politicians, judges, bureaucrats, and public officials faced sitting in judgment on the affairs of another state. He argues provocatively that the success of their policies must be measured in terms of the way they used East German history to justify their actions.In 1997, A. James McAdams was awarded the DAAD Prize for Distinguished Scholarship in German Studies. He is Professor and Chair of the Department of Government and International Studies at University of Notre Dame, in Notre Dame, Indiana. He is the author of East Germany and Dand#233;tente (Cambridge University Press, 1985), Germany Divided: From the Wall to Reunification (Princeton University Press, 1992), and co-author of Rebirth: A Political History of Europe Since World War II (Westview Press, 1999). McAdams is also editor of Transitional Justice and the Rule of Law in New Democracies (University of Notre Dame Press, 1997).
Review
"[A] clear and well-argued study." Publishers Weekly"Well-written with tight analysis, this book should benefit graduate students and scholars of contemporary German affairs." Choice"McAdams has found the necessary scholarly distance to assess Germany's judgment of its past. ....McAdams' book untangles the legal, philosophical, and political pitfalls plaguing a pursuit of retrospective justice. ....McAdams addresses such complex issues with the precision of a legal scholar, the sensitivity of a moral philosopher, and the realism of a political scientist. As a brilliant overview and synthesis of the past decade's debates about the communist past in Germany, his book will be of interest to any scholar interested in issues of postauthoritarian justice, of reconstructing democratic societies after communist dictatorship, and of contemporary German history." The Journal of Interdisciplinary History"McAdams has produced what is surely the most thoroughly researched and sensitive treatment of retrospective justice in the post-communist world. Its breadth of coverage and depth of analysis will cetainly make this book the gold standard for similar kinds of studies." Jeffery Kopstein, University of Colorado"McAdams has written a powerful and provocative book that will surely serve as a model for future studies about Germany and many other countries that have sought--or will seek--conciliatory and fair processes (and products) of retrospective justice." Political Science Quarterly"McAdams' book is engaging, beautifully written and smart. . . . It's a valuable contribution--balanced, reasonable, judicious, and well researched. And a just plain good read." Kim Lane Scheppele, University of Pennsylvania"Whether in South Africa, Bonsia or Rwanda, the idea of using legal means to rectify a country's wrong has gained currency in the past decade. This timely, balanced case study examines that process in Germany...advocates looking for ammunition for war-crimes trails, whether nationally or internationally managed, will find it in this clear and well-argued study." Publishers weekly"McAdams eschews making general normative claims about the value and utility of these different measures, and instead provides us with an excellent overview and critique of their strengths and shortcomings." - Ernesto Verdeja, The Law and Politics Book Revew
Synopsis
This book deals with the controversial steps the government of unified Germany has taken to deal with the crimes and human-rights abuses of the former government of Communist East Germany. This is one of the first comprehensive studies on any one country"s experiences with the challenge.
Table of Contents
Preface; Glossary; Note; Part I. Introduction on Judging the East German Past: 1. Interpreting East Germany's history; 2. Four types of retrospective justice; Part II. Criminal Justice: Prosecuting GDR Officials: 3. Competing arguments for justice; 4. Seeking justice within the law; 5. A 'trial of the century'; 6. Judicial architects of German unity; 7. The risks of going too far; 8. An ambiguous message about culpability; Part IV. Disqualifying Justice: Searching for Stasi Collaborators: 9. Contending views on the Stasi's reach; 10. Level one: distilling truth from the files; 11. Level two: screening for Stasi activity; 12. Level three: appealing dismissals before the courts; 13. The competing messages of screening; Part V. Moral Justice: Assessing the Complete Record of Dictatorship: 14. Finding fault with the churches; 15. A different stand on the Deutschlandpolitik; 16. Mixed emotions about the silent majority; 17. Revisiting East Germany's difficult past; 18. A better commission?; Part VI. Corrective Justice: Returning Private Property: 19. The narrow choices behind the property settlement; 20. The challenge of implementing the property statute; The legitimacy of Jewish claims ...; 21. ... But the irreversibility of Soviet expropriations; 22. Vying responses to GDR-era injustice; 23. The ambiguities of drawing the line: an enduring burden of multiple pasts; Part VII. Conclusion: A Manageable Past? 24. The FRG's constrained options; 25. Judging the past in the right way; GDR wrongdoing in perspective; 26. Contending venues of justice.