Explores the evolving human rights of Roma in Eastern Europe's recent history, and the complex politics of Roma rights today.

Winner of the Foundations of Political Theory First Book Prize Honorable Mention, 2001Theory meets practice in The Philosophy and Politics of Czech Dissidence from Patocka to Havel, a critical study of the philosophy and political practice of the Czech dissident movement Charter 77. Aviezer Tucker examines how the political philosophy of Jan Patocka (1907-1977), founder of Charter 77, influenced the thinking and political leadership of Vaclav Havel as dissident and president. The Philosophy and Politics of Czech Dissidence from Patocka to Havel is the first serious treatment of Havel as philosopher and Patocka as a political thinker. Through the Charter 77 dissident movement in Czechoslovakia, opponents of communism based their civil struggle for human rights on philosophic foundations, and members of the Charter 77 later led the Velvet Revolution. After Patocka's self-sacrifice in 1977, Vaclav Havel emerged a strong philosophical and political force, and he continued to apply Patocka's philosophy in order to understand the human condition under late communism and the meaning of dissidence. However, the political/philosophical orientation of the Charter 77 movement failed to provide President Havel with an adequate basis for comprehending and responding to the extraordinary political and economic problems of the postcommunist period. In his discussion of Havel's presidency and the eventual corruption of the Velvet Revolution, Tucker demonstrates that the weaknesses in Charter 77 member's understanding of modernity, which did not matter while they were dissidents, seriously harmed their ability to function in a modern democratic system. Within this context, Tucker also examines Havel's recent attempt to topple the democratic but corrupt government in 1997-1998. The Philosophy and Politics of Czech Dissidence from Patocka to Havel will be of interest to students of philosophy and politics, scholars and students of Slavic studies, and historians, as well as anyone fascinated by the nature of dissidence.

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Preface to the first edition

How do transitional democracies deal with officials who have been tainted by complicity with prior governments? Should they be excluded or should they be incorporated into the new system? In Lustration and Transitional Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. While the Czech Republic approved a lustration (vetting) law based on the traditional method of dismissals, Hungary and Poland devised alternative models that granted their tainted officials a second chance in exchange for truth. David classifies personnel systems as exclusive, inclusive, and reconciliatory; they are based on dismissal, exposure, and confession, respectively, and they represent three major classes of transitional justice. David argues that in addition to their immediate purposes, personnel systems carry symbolic meanings that help explain their origin and shape their effects. In their effort to purify public life, personnel systems send different ideological messages that affect trust in government and the social standing of former adversaries. Exclusive systems may establish trust at the expense of reconciliation, while inclusive and reconciliatory systems may promote both trust and reconciliation. In spite of its importance, the topic of inherited personnel has received only limited attention in research on transitional justice and democratization. Lustration and Transitional Justice is the first attempt to fill this gap. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in government, reconciliation, and collective memory.