Intersections of Law and Memory

Intersections of Law and Memory PDF Author: Mirosław Michał Sadowski
Publisher: Taylor & Francis
ISBN: 1040001025
Category : Law
Languages : en
Pages : 327

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Book Description
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.

Intersections of Law and Memory

Intersections of Law and Memory PDF Author: Mirosław Michał Sadowski
Publisher: Taylor & Francis
ISBN: 1040001025
Category : Law
Languages : en
Pages : 327

Get Book Here

Book Description
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.

Intersections of Law and Culture at the International Criminal Court

Intersections of Law and Culture at the International Criminal Court PDF Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 1839107308
Category : Law
Languages : en
Pages : 455

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Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Law and Memory

Law and Memory PDF Author: Uladzislau Belavusau
Publisher: Cambridge University Press
ISBN: 110718875X
Category : History
Languages : en
Pages : 461

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Book Description
The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

Memory and Punishment

Memory and Punishment PDF Author: Emanuela Fronza
Publisher: Springer
ISBN: 9462652341
Category : Law
Languages : en
Pages : 246

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Book Description
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

Intersections of Affect, Memory, and Privilege in Bogota, Colombia

Intersections of Affect, Memory, and Privilege in Bogota, Colombia PDF Author: Hendrikje Grunow
Publisher: Springer Nature
ISBN: 3031509358
Category :
Languages : en
Pages : 226

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Book Description


The Wiley Handbook of Memory, Autism Spectrum Disorder, and the Law

The Wiley Handbook of Memory, Autism Spectrum Disorder, and the Law PDF Author: Jonni L. Johnson
Publisher: John Wiley & Sons
ISBN: 1119158370
Category : Psychology
Languages : en
Pages : 542

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Book Description
An Important Contribution to Understanding Autobiographical and Eyewitness Memory in Those with ASD and the Unique Legal Challenges They Present This book offers an in-depth discussion of how autobiographical and eyewitness memory operate in individuals with Autism Spectrum Disorder (ASD) and provides unique insights into current challenges faced by legal professionals, forensic psychologists, clinicians, and others who extend services to those with ASD. Throughout the book, authors demonstrate why a nuanced understanding of autobiographical and eyewitness memory is required when assessing individuals with ASD, given the developmental, social, and cognitive deficits at play. Authors review current legal services and structures, and explore ideas on whether and how modifications can be made to meet the needs of all individuals who seek and deserve justice, including individuals with ASD. The Wiley Handbook of Memory, Autism Spectrum Disorder, and the Law is sure to spark debate within the mental health and legal communities, while advancing knowledge on the role of key clinical features of ASD in autobiographical and eyewitness memory. The book is distinct in its exploration of ways in which the legal system, with its formal yet inherently social infrastructure and regulated due process demands, should offer services to those with ASD. Of note, authors question if current policies and practices, such as reliance on interviewing protocols standardized for typically developing individuals, are adequate. The book is divided into three sections with the first providing a discussion of theoretical viewpoints on how memory functions in those with and without ASD, and providing a specialized consideration of developmental issues. A second section reviews empirical evidence, followed by a third and final section addressing legal and clinical considerations, including techniques for interviewing individuals with ASD. The first book offering an expert, science-based review of autobiographical and eyewitness memory research on those with ASD and the associated legal challenges Provides thought-provoking, informative, often debated observations on memory in ASD from an international team of experts Offers summaries of what is known about memory abilities in those with ASD as well as what is left unknown that future researchers will need to address and that legal professionals should consider. A book that does much to advance the research frontier in the study of memory in ASD and application to the legal system, The Wiley Handbook of Memory, Autism Spectrum Disorder, and the Law is important reading for academic researchers, clinicians, judges, jurors, law enforcement officials, and public policy makers alike.

Shakespeare, Revenge Tragedy and Early Modern Law

Shakespeare, Revenge Tragedy and Early Modern Law PDF Author: Derek Dunne
Publisher: Springer
ISBN: 1137572876
Category : Literary Criticism
Languages : en
Pages : 239

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Book Description
This book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.

Flags, Color, and the Legal Narrative

Flags, Color, and the Legal Narrative PDF Author: Anne Wagner
Publisher: Springer Nature
ISBN: 3030328651
Category : Law
Languages : en
Pages : 719

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Book Description
On behalf of Professor Hugh Brady, Director and Senior Fellow, The Flag Research Center at the University of Texas School of Law, "Flags, Color, and the Legal Narrative: Public Memory, Identity, and Critique (Springer 2021) has been selected as the recipient of our Gherardi Davis Prize is presented for a significant contribution to vexillological research for the year 2021. This work was selected because of its breadth and depth in examining flags as meaningful transmitters of significant symbolic information concerning the origins, culture, self-image, and values of a society. We believe it represents a signal achievement in the study of flags that sets a new standard for research in the field." The Flag Research Center, founded in 1962, is dedicated to furthering knowledge and advancing understanding of the human need to create and use symbols to express political, cultural, and social ideals through flags and flag-related material culture. The book deals with the identification of “identity” based on culturally specific color codes and images that conceal assumptions about members of a people comprising a nation, or a people within a nation. Flags narrate constructions of belonging that become tethered to negotiations for power and resistance over time and throughout a people’s history. Bennet (2005) defines identity as “the imagined sameness of a person or social group at all times and in all circumstances”. While such likeness may be imagined or even perpetuated, the idea of sameness may be socially, politically, culturally, and historically contested to reveal competing pasts and presents. Visually evocative and ideologically representative, flags are recognized symbols fusing color with meaning that prescribe a story of unity. Yet, through semiotic confrontation, there may be different paths leading to different truths and applications of significance. Knowing this and their function, the book investigates these transmitted values over time and space. Indeed, flags may have evolved in key historical periods, but contemporaneously transpire in a variety of ways. The book investigates these transmitted values: Which values are being transmitted? Have their colors evolved through space and time? Is there a shift in cultural and/or collective meaning from one space to another? What are their sources? What is the relationship between law and flags in their visual representations? What is the shared collective and/or cultural memory beyond this visual representation? Considering the complexity and diversity in the building of a common memory with flags, the book interrogates the complex color-coded sign system of particular flags and their meanings attentive to a complex configuration of historical, social and cultural conditions that shift over time. Advance Praise for Flags, Color, and the Legal Narrative "In an epoch of fragmentation, isolation and resurgent nationalism, the flag is waved but often forgotten. The flag, its colors, narratives, shape and denotations go without saying. The red flag over China, the Star-Spangled Banner, the Tricolore are instantly recognisable and over determined, representing a people, a nation, a culture, languages, legacies, leaders. In this fabulous volume flags are revealed as concentrated, complex, chromatic assemblages of people, place and power in and through time. It is in bringing a multifocal awareness of the modes and meanings of flag and color in public representations that is particular strength. Editors Anne Wagner and Sarah Marusek have gathered critical thinkers from the North and South, East and West, to help know the essential and central - yet often forgotten and not seen - work of flags and color in narratives of nation, conflict, struggle and law. A kaleidoscopic contribution to the burgeoning field of visual jurisprudence, this volume is essential to comprehending the ocular machinery through which power makes, and is seen to make, the world."Kieran Tranter, Chair of Law, Technology and Future, Faculty of Law, Queensland University of Technology, Australia "This comprehensive volume of essays could not be arriving at a more opportune time. The combined forces of climate change, inequality, and pandemic are causing instability and painful recognitions of our collective uncertainties about nationhood and globalism. In the United States, where I am writing these few lines, our traditional red/white/blue flag has been collapsed into two colors: Red and Blue. While these colors have semiotically deep texts, the division of the country into these two colors began with television stations designing how to report the vote count in the 2000 presidential election year creating "red" and "blue" parties and states. The colors stuck and have become customary. We Americans are told all the time by pundits that we are a deeply divided nation, as proven by unsubtle colored maps. To a statistician, we are a Purple America, though the color is unequally distributed. White, the color of negotiation and peace is rarely to be found. To begin to approach understanding the problems flagged in my brief account requires the insight of multiple disciplines. That is what Wagner and Marusek, wonderful scholars in their own work, have assembled as editors -- a conversation among scholars at the forefront of thinking about how flags and colors represent those who claim them thus exemplifying how to resist simple explanations and pat answers. The topic is just too important."Christina Spiesel, Senior Research Scholar in Law, Yale Law School; Adjunct Professsor of Law, Quinnipiac University School of Law, USA "Visuals, such as symbols and images, in addition to conventional textual forms, seem to have a unique potential for the study of a collective identity of a community and its traditions, as well as its narratives, and at the same time, in the expression of one’s ideas, impressions, and ideologies in a specific socio-political space. Visual analysis thus has become a well-established domain of investigations focusing on how various forms of text-external semiotic resources, such as culturally specific symbols, including patterns and colors, make it possible for scholars to account for and thus demystify discursive symbols in a wider social and public space. Flags, Identity, Memory: Critiquing the Public Narrative through Colors, as an international and interdisciplinary volume, is a unique attempt to demystify the thinking, values, assumptions and ideologies of specific nations and their communities by analyzing their choice of specific patterns and colors represented in a national flag. It offers a comprehensive and insightful range of studies of visual and hidden discursive processes to understand social narratives through patterns of colours in the choice of national flags and in turn to understand their semiotic, philosophical, and legal cultures and traditions. Wagner and Marusek provide an exclusive opportunity to reflect on the functions, roles, and limits of visual and discursive representations. This volume will be a uniquely resourceful addition to the study of semiotics of colours and flags, in particular, how nations and communities represent their relationship between ideology and pragmatism in the repository of identity, knowledge and history."Vijay K Bhatia, Chinese University of Hong Kong, Full Professor, Hong Kong "In all societies, colors play a critical function in the realm of symbolism. Nation societies perceive great significance in the colors of flags and national emblems. Colors constitute, in other words, sign systems of national identity. The relation of color codes and their relation to concepts of nationhood and its related narratives is the theme of this marvelous and eye-opening collection of studies. Flags are mini-texts on the inherent values and core concepts that a nation espouses and for this reason the colors that they bear can be read at many levels, from the purely representational to the inherently cultural. Written by experts in various fields this interdisciplinary anthology will be of interest to anyone in the humanities, social sciences, jurisprudence, narratology, political science, and semiotics. It will show how a seemingly decorative aspect of nationhood—the colors on flags—tells a much deeper story about the human condition."Marcel Danesi, University of Toronto, Full Professor of Anthropology, Canada

Heritage, Conflict, and Peace-Building

Heritage, Conflict, and Peace-Building PDF Author: Lucas Lixinski
Publisher: Taylor & Francis
ISBN: 1040017851
Category : Art
Languages : en
Pages : 170

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Book Description
Heritage, Conflict, and Peace-Building examines the possibilities arising from, and challenges associated with, transforming heritage from a casualty of conflict into an opportunity for peacebuilding. The contributors to this book, who hail from academia and practice, present case studies that shed light on the multifaceted factors and conditions influenced by diplomacy, nationalism, victimhood, and the roles of diverse institutional actors in fostering peace. They demonstrate the possibilities and pitfalls of the work heritage does for local communities, the nation-state, and the international community, when these different actors and their peace aspirations and agendas intersect. Looking at heritage and peace processes on all continents, the contributions in this volume amount to a compelling analytical account of how the discourses of heritage and peace connect, overlap, and diverge. They also emphasise that our shared aspiration for peace should not be taken for granted in a heritage context, and that it is incumbent upon heritage scholars and practitioners to be more intentional about the work they wish to do to promote peace. Heritage, Conflict, and Peace-Building will be of interest to scholars and practitioners working in heritage studies, transitional justice, museum studies, international relations, education, history, and law.

Native American Survivance, Memory, and Futurity

Native American Survivance, Memory, and Futurity PDF Author: Birgit Däwes
Publisher: Routledge
ISBN: 1315452197
Category : Social Science
Languages : en
Pages : 255

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Book Description
According to Kimberly Blaeser, Gerald Vizenor is "the most prolific Native American writer of the twentieth century," and Christopher Teuton rightfully calls him "one of the most innovative and brilliant American Indian writers" today." With more than 40 books of fiction, poetry, life writing, essays, and criticism, his impact on literary and cultural theory, and specifically on Indigenous Studies, has been unparalleled. This volume brings together some of the most distinguished experts on Vizenor’s work from Europe and the United States. Original contributions by Gerald Vizenor himself, as well as by Kimberly M. Blaeser, A. Robert Lee, Kathryn Shanley, David L. Moore, Chris LaLonde, Alexandra Ganser, Cathy Covell Waegner, Sabine N. Meyer, Kristina Baudemann, and Billy J. Stratton provide fresh perspectives on theoretical concepts such as trickster discourse, postindian survivance, totemic associations, Native presence, artistic irony, and transmotion, and explore his lasting literary impact from Darkness in St. Louis Bearheart to his most recent novels and collections of poetry, Shrouds of White Earth, Chair of Tears, Blue Ravens, and Favor of Crows. The thematic sections focus on "Truth Games’: Transnationalism, Transmotion, and Trickster Poetics;" "‘Chance Connections’: Memory, Land, and Language;" and "‘The Many Traces of Ironic Traditions’: History and Futurity," documenting that Vizenor’s achievements are sociocultural and political as much they are literary in effect. With their emphasis on transdisciplinary, transnational research, the critical analyses, close readings, and theoretical outlooks collected here contextualize Gerald Vizenor’s work within different literary traditions and firmly place him within the American canon.