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Post-Communist Restitution and the Rule of Law - 9789639776401

Un libro in lingua di Csongor Kuti edito da Central European Univ Pr, 2009

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Romanian lawyer Kuti offers a comparative analysis of nine different post-communist property restitution schemes, assessing their impacts in terms of their effects on the rule of law. He argues that the schemes are generally characterized by a dual distributive-reparative nature that was deliberately linked to structural reform. These characteristics, he contends, represent a real problem for the rule of law if one follows Friedrich Hayek's dictum that "any policy aiming directly at a substantive ideal of distributive justice must lead to the destruction of the Rule of Law" because objective equality of opportunities is preferable to a subjective equality. The restitution schemes in question placed person-related, temporal, quantitative, and property-based limitations on restitution that betray concerns towards substantive equality, he finds, which in practice resulted in unjustified inequalities and arbitrary outcomes. Distributed in the US by Books International. Annotation ©2009 Book News, Inc., Portland, OR (booknews.com)

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