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Table of Contents
Acknowledgments; Contents; Table of Cases; Table of Legislation; Abstract; 1 Introduction; 1.1 Objective of the Study and Its Contribution to the Legal Scholarship; 1.2 The Focus of the Study; 1.3 Methodology, Assumptions and Units of Analysis; 1.4 Outline of the Book; References; 2 Post-communist Property Transformations and Transitional Justice. Some Historical, Legal and Philosophical Issues; Abstract ; 2.1 Introduction; 2.2 Historical Background of Communism in Central Eastern Europe; 2.2.1 The 'Accelerated History' of Twentieth Century in Central Eastern Europe.
2.2.2 The Controversial Communist Past2.2.2.1 The Great Purges and Terror; 2.2.2.2 The Selective Repression of 'Actually Existing Socialism'; 2.3 Post-communist Transitional Measures and 'Closure' with the Communist Past; 2.4 Conclusion; References; 3 Justice, Property and Law in Post-communist Transformations of Property; Abstract ; 3.1 Introduction; 3.2 Post-communist Property Transformation(s) from the Perspective of 'Justice'; 3.3 Post-communist Transformations of Property and Private Property; 3.3.1 Problems Posed by Derivation of Property from First Moral Principles.
3.3.2 The Problems Posed by Conceptualisation of Property as a 'Bundle of Rights'3.4 Law and Judicial Institutions' Role during Post-communist Transformations. A Sceptical Account; 3.4.1 Post-communist Restitution and Privatisation; 3.4.1.1 Law, Modernisation and Economic Development in the Postwar Period; 3.4.1.2 Law and Development Turns 'Neoliberal'; 3.4.1.3 Law and Development in the Early 1990s. The Rise of Rule of Law; 3.4.1.4 The Evolution of Law and Development in the 1990s: Corruption, Washington Consensus Augumented and "Europenisation" in Central Eastern Europe.
3.4.2 Law and Judicial Institutions' Role during the Transformation of the (Socialist) Regime of Property3.5 Conclusion; References; 4 Post-communist Privatisation: An Incomprehensible Neo-liberal Project?; Abstract ; 4.1 Introduction; 4.2 Changing the Communist Era Arrangements of Property: The Neoliberal Assumptions; 4.3 Property and Law Under Actually Existing Socialism; 4.3.1 Private Property in Marxist Societies; Continuity and Change in CEE Socialist 'Formal' Law; 4.3.2 Characteristics of Property Arrangements in Socialist Central Eastern Europe: The 'Means of Production'
4.4 Post-communist Property Transformation(s). Formal Law and 'Operational' Rules4.5 'Communist' Property and Change. An Evaluation; 4.6 Conclusion; References; 5 Post-communist Restitution Concept and Its Challenges; Abstract ; 5.1 Introduction; 5.2 Post-communist Restitution in the Context of Transitional Justice (Challenges to the Concept of Restitution-Part 1); 5.3 Restitution and Privatisation in the Context of Post-communist Transitions (Challenges to the Concept of Restitution-Part 2).
2.2.2 The Controversial Communist Past2.2.2.1 The Great Purges and Terror; 2.2.2.2 The Selective Repression of 'Actually Existing Socialism'; 2.3 Post-communist Transitional Measures and 'Closure' with the Communist Past; 2.4 Conclusion; References; 3 Justice, Property and Law in Post-communist Transformations of Property; Abstract ; 3.1 Introduction; 3.2 Post-communist Property Transformation(s) from the Perspective of 'Justice'; 3.3 Post-communist Transformations of Property and Private Property; 3.3.1 Problems Posed by Derivation of Property from First Moral Principles.
3.3.2 The Problems Posed by Conceptualisation of Property as a 'Bundle of Rights'3.4 Law and Judicial Institutions' Role during Post-communist Transformations. A Sceptical Account; 3.4.1 Post-communist Restitution and Privatisation; 3.4.1.1 Law, Modernisation and Economic Development in the Postwar Period; 3.4.1.2 Law and Development Turns 'Neoliberal'; 3.4.1.3 Law and Development in the Early 1990s. The Rise of Rule of Law; 3.4.1.4 The Evolution of Law and Development in the 1990s: Corruption, Washington Consensus Augumented and "Europenisation" in Central Eastern Europe.
3.4.2 Law and Judicial Institutions' Role during the Transformation of the (Socialist) Regime of Property3.5 Conclusion; References; 4 Post-communist Privatisation: An Incomprehensible Neo-liberal Project?; Abstract ; 4.1 Introduction; 4.2 Changing the Communist Era Arrangements of Property: The Neoliberal Assumptions; 4.3 Property and Law Under Actually Existing Socialism; 4.3.1 Private Property in Marxist Societies; Continuity and Change in CEE Socialist 'Formal' Law; 4.3.2 Characteristics of Property Arrangements in Socialist Central Eastern Europe: The 'Means of Production'
4.4 Post-communist Property Transformation(s). Formal Law and 'Operational' Rules4.5 'Communist' Property and Change. An Evaluation; 4.6 Conclusion; References; 5 Post-communist Restitution Concept and Its Challenges; Abstract ; 5.1 Introduction; 5.2 Post-communist Restitution in the Context of Transitional Justice (Challenges to the Concept of Restitution-Part 1); 5.3 Restitution and Privatisation in the Context of Post-communist Transitions (Challenges to the Concept of Restitution-Part 2).