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.

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 Laws, Memory Wars

Memory Laws, Memory Wars PDF Author: Nikolay Koposov
Publisher: Cambridge University Press
ISBN: 1108419720
Category : History
Languages : en
Pages : 339

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Book Description
A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.

Memory Laws and Historical Justice

Memory Laws and Historical Justice PDF Author: Elazar Barkan
Publisher: Springer Nature
ISBN: 3030949141
Category : History
Languages : en
Pages : 336

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Book Description
This book examines state efforts to shape the public memory of past atrocities in the service of nationalist politics. This political engagement with the 'duty to remember', and the question of historical memory and identity politics, began as an effort to confront denialism with regard to the Holocaust, but now extends well beyond that framework, and has become a contentious subject in many countries. In exploring the politics of memory laws, a topic that has been overlooked in the largely legal analyses surrounding this phenomenon, this volume traces the spread of memory laws from their origins in Western Europe to their adoption by countries around the world. The work illustrates how memory laws have become a widespread tool of governments with a nationalist, majoritarian outlook. Indeed, as this volume illustrates, in countries that move from pluralism to majoritarianism, memory laws serve as a warning – a precursor to increasingly repressive, nationalist inclinations.

Law and the Politics of Memory

Law and the Politics of Memory PDF Author: Stiina Loytomaki
Publisher: Routledge
ISBN: 1136007369
Category : Law
Languages : en
Pages : 171

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Book Description
Law and the Politics of Memory: Confronting the Past examines law’s role as a tool of memory politics in the efforts of contemporary societies to work through the traumas of their past. Using the examples of French colonialism and Vichy, as well as addressing the politics of memory surrounding the Holocaust, communism and colonialism, this book provides a critical exploration of law’s role in ‘belated’ transitional justice contexts. The book examines how and why law has become so central in processes in which the past is constituted as a series of injustices that need to be rectified and can allegedly be repaired. As such, it explores different legal modalities in processes of working through the past; addressing the implications of regulating history and memory through legal categories and legislative acts, whilst exploring how trials, restitution cases, and memory laws manage to fulfil such varied expectations as clarifying truth, rendering homage to memory and reconciling societies. Legal scholars, historians and political scientists, especially those working with transitional justice, history and memory politics in particular, will find this book a stimulating exploration of the specificity of law as an instrument and forum of the politics of memory.

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).

Human Rights and Memory

Human Rights and Memory PDF Author: Daniel Levy
Publisher: Penn State Press
ISBN: 0271037385
Category : Political Science
Languages : en
Pages : 188

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Book Description
"Examines the foundations of human rights, how their political and cultural validation in a global context is posing challenges to nation-state sovereignty, and how they become an integral part of international relations and are institutionalized into domestic legal and political practices"--Provided by publisher.

Historical Justice and Memory

Historical Justice and Memory PDF Author: Klaus Neumann
Publisher: University of Wisconsin Pres
ISBN: 0299304647
Category : History
Languages : en
Pages : 271

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Book Description
Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.

When Law Fails

When Law Fails PDF Author: Charles J. Ogletree, Jr.
Publisher: NYU Press
ISBN: 0814762255
Category : Law
Languages : en
Pages : 361

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Book Description
Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

History, Memory, and State-Sponsored Violence

History, Memory, and State-Sponsored Violence PDF Author: Berber Bevernage
Publisher: Routledge
ISBN: 1136634444
Category : History
Languages : en
Pages : 264

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Book Description
Modern historiography embraces the notion that time is irreversible, implying that the past should be imagined as something ‘absent’ or ‘distant.’ Victims of historical injustice, however, in contrast, often claim that the past got ‘stuck’ in the present and that it retains a haunting presence. History, Memory, and State-Sponsored Violence is centered around the provocative thesis that the way one deals with historical injustice and the ethics of history is strongly dependent on the way one conceives of historical time; that the concept of time traditionally used by historians is structurally more compatible with the perpetrators’ than the victims’ point of view. Demonstrating that the claim of victims about the continuing presence of the past should be taken seriously, instead of being treated as merely metaphorical, Berber Bevernage argues that a genuine understanding of the ‘irrevocable’ past demands a radical break with modern historical discourse and the concept of time. By embedding a profound philosophical reflection on the themes of historical time and historical discourse in a concrete series of case studies, this project transcends the traditional divide between ‘empirical’ historiography on the one hand and the so called ‘theoretical’ approaches to history on the other. It also breaks with the conventional ‘analytical’ philosophy of history that has been dominant during the last decades, raising a series of long-neglected ‘big questions’ about the historical condition – questions about historical time, the unity of history, and the ontological status of present and past –programmatically pleading for a new historical ethics.

Memory in Mind and Culture

Memory in Mind and Culture PDF Author: Pascal Boyer
Publisher: Cambridge University Press
ISBN: 052176078X
Category : Psychology
Languages : en
Pages : 337

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Book Description
This text introduces students, scholars, and interested educated readers to the issues of human memory broadly considered, encompassing both individual memory, collective remembering by societies, and the construction of history. The book is organised around several major questions: How do memories construct our past? How do we build shared collective memories? How does memory shape history? This volume presents a special perspective, emphasising the role of memory processes in the construction of self-identity, of shared cultural norms and concepts, and of historical awareness. Although the results are fairly new and the techniques suitably modern, the vision itself is of course related to the work of such precursors as Frederic Bartlett and Aleksandr Luria, who in very different ways represent the starting point of a serious psychology of human culture.