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Author: Harriet Jones
Publisher: Manchester University Press
ISBN: 1526185997
Category : History
Languages : en
Pages : 217
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Book Description
Is it right for historians to serve as 'expert witnesses' to past events? Since the end of the Cold War, a series of heated and politicised debates across Europe have questioned the 'truth' about painful episodes in the twentieth century. From the Holocaust to Srebrenica, inquiries and fact-finding commissions have become a common device employed by governments to deal with the pressure of public opinion. State-sponsored programmes of education and research attempt to encourage a common moral understanding of the lessons we learn from these painful memories. Contemporary historians have increasingly been drawn into these efforts since 1989 – in the courtroom, in the media, on commissions, as advisers. In a series of thoughtful essays, written by leading historians from across Europe, this volume considers the ethics and responsibilities that this new role entails. For anyone concerned with the role of the historian in contemporary society and how we arrive at a public understanding of history, this book is essential reading.
Author: Harriet Jones
Publisher: Manchester University Press
ISBN: 1526185997
Category : History
Languages : en
Pages : 217
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Book Description
Is it right for historians to serve as 'expert witnesses' to past events? Since the end of the Cold War, a series of heated and politicised debates across Europe have questioned the 'truth' about painful episodes in the twentieth century. From the Holocaust to Srebrenica, inquiries and fact-finding commissions have become a common device employed by governments to deal with the pressure of public opinion. State-sponsored programmes of education and research attempt to encourage a common moral understanding of the lessons we learn from these painful memories. Contemporary historians have increasingly been drawn into these efforts since 1989 – in the courtroom, in the media, on commissions, as advisers. In a series of thoughtful essays, written by leading historians from across Europe, this volume considers the ethics and responsibilities that this new role entails. For anyone concerned with the role of the historian in contemporary society and how we arrive at a public understanding of history, this book is essential reading.
Author: Deborah E. Lipstadt
Publisher: Harper Collins
ISBN: 0060593776
Category : History
Languages : en
Pages : 402
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Book Description
In her acclaimed 1993 book Denying the Holocaust, Deborah Lipstadt called putative WWII historian David Irving "one of the most dangerous spokespersons for Holocaust denial." A prolific author of books on Nazi Germany who has claimed that more people died in Ted Kennedy's car at Chappaquiddick than in the gas chambers at Auschwitz, Irving responded by filing a libel lawsuit in the United Kingdom -- where the burden of proof lies on the defendant, not on the plaintiff. At stake were not only the reputations of two historians but the record of history itself.
Author: Gary B. Nash
Publisher: Vintage
ISBN: 0679767509
Category : Education
Languages : en
Pages : 350
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Book Description
An incisive overview of the current debate over the teaching of history in American schools examines the setting of controversial standards for history education, the integration of multiculturalism and minorities into the curriculum, and ways to make history more relevant to students. Reprint.
Author: Harriet Jones
Publisher:
ISBN:
Category : History
Languages : en
Pages : 232
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Book Description
Since the end of the Cold War, a series of heated and politicized debates across Europe have questioned the "truth" about painful episodes in the twentieth century. From the Holocaust to Srebrenica, inquiries and fact-finding commissions have become a common device employed by governments to deal with the pressure of public opinion. State sponsored programs of education and research attempt to encourage a common moral understanding of the lessons we learn from these painful memories. Contemporary historians have increasingly been drawn into these efforts since 1989 - in the courtroom, in the media, on commissions, as advisers.
Author: Leor Halevi
Publisher:
ISBN: 9780231188678
Category :
Languages : en
Pages : 384
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Book Description
Leor Halevi tells the story of the Islamic trials of technological and commercial innovations of the late nineteenth and early twentieth centuries. Shedding light on culture, commerce, and consumption in Cairo and other colonial cities, Modern Things on Trial is a groundbreaking account of Islam's material transformation in a globalizing era.
Author: Paul Nolette
Publisher: University Press of Kansas
ISBN: 0700620893
Category : Political Science
Languages : en
Pages : 296
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Book Description
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
Author: Sadakat Kadri
Publisher: Random House
ISBN: 030743270X
Category : Law
Languages : en
Pages : 465
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Book Description
For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
Author: Bianca Premo
Publisher: Oxford University Press
ISBN: 0190638737
Category : History
Languages : en
Pages : 385
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Book Description
The principal protagonists of this history of the Enlightenment are non-literate, poor, and enslaved colonial litigants who began to sue their superiors in the royal courts of the Spanish empire. With comparative data on civil litigation and close readings of the lawsuits, The Enlightenment on Trial explores how ordinary Spanish Americans actively produced modern concepts of law.
Author: Bruce Granville Miller
Publisher: UBC Press
ISBN: 077482073X
Category : Social Science
Languages : en
Pages : 214
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Book Description
In many western countries, judicial decisions are based on “black letter law” – text-based, well-established law. Within this tradition, testimony based on what witnesses have heard from others, known as hearsay, cannot be considered as legitimate evidence. This interdiction, however, presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission. This important book breaks new ground by asking how oral histories might be incorporated into the existing court system. Through compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown’s use of Aboriginal materials in key cases. A bold intervention in legal and anthropological scholarship, this book is a timely consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases.
Author: Valerie Geneviève Hébert
Publisher: University Press of Kansas
ISBN: 0700632670
Category : History
Languages : en
Pages : 376
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Book Description
By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.
