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Author: Joan Wallach Scott
Publisher: Columbia University Press
ISBN: 0231551908
Category : Philosophy
Languages : en
Pages : 80
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Book Description
In the face of conflict and despair, we often console ourselves by saying that history will be the judge. Today’s oppressors may escape being held responsible for their crimes, but the future will condemn them. Those who stand up for progressive values are on the right side of history. As ideas once condemned to the dustbin of history—white supremacy, hypernationalism, even fascism—return to the world, threatening democratic institutions and values, can we still hold out hope that history will render its verdict? Joan Wallach Scott critically examines the belief that history will redeem us, revealing the implicit politics of appeals to the judgment of history. She argues that the notion of a linear, ever-improving direction of history hides the persistence of power structures and hinders the pursuit of alternative futures. This vision of necessary progress perpetuates the assumption that the nation-state is the culmination of history and the ultimate source for rectifying injustice. Scott considers the Nuremberg Tribunal and South Africa’s Truth and Reconciliation Commission, which claimed to carry out history’s judgment on Nazism and apartheid, and contrasts them with the movement for reparations for slavery in the United States. Advocates for reparations call into question a national history that has long ignored enslavement and its racist legacies. Only by this kind of critical questioning of the place of the nation-state as the final source of history’s judgment, this book shows, can we open up room for radically different conceptions of justice.
Author: Joan Wallach Scott
Publisher: Columbia University Press
ISBN: 0231551908
Category : Philosophy
Languages : en
Pages : 80
Get Book Here
Book Description
In the face of conflict and despair, we often console ourselves by saying that history will be the judge. Today’s oppressors may escape being held responsible for their crimes, but the future will condemn them. Those who stand up for progressive values are on the right side of history. As ideas once condemned to the dustbin of history—white supremacy, hypernationalism, even fascism—return to the world, threatening democratic institutions and values, can we still hold out hope that history will render its verdict? Joan Wallach Scott critically examines the belief that history will redeem us, revealing the implicit politics of appeals to the judgment of history. She argues that the notion of a linear, ever-improving direction of history hides the persistence of power structures and hinders the pursuit of alternative futures. This vision of necessary progress perpetuates the assumption that the nation-state is the culmination of history and the ultimate source for rectifying injustice. Scott considers the Nuremberg Tribunal and South Africa’s Truth and Reconciliation Commission, which claimed to carry out history’s judgment on Nazism and apartheid, and contrasts them with the movement for reparations for slavery in the United States. Advocates for reparations call into question a national history that has long ignored enslavement and its racist legacies. Only by this kind of critical questioning of the place of the nation-state as the final source of history’s judgment, this book shows, can we open up room for radically different conceptions of justice.
Author: Jonathan Gorman
Publisher: Routledge
ISBN: 1317493125
Category : Philosophy
Languages : en
Pages : 305
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Book Description
The historical profession is not noted for examining its own methodologies. Indeed, most historians are averse to historical theory. In "Historical Judgement" Jonathan Gorman's response to this state of affairs is to argue that if we want to characterize a discipline, we need to look to persons who successfully occupy the role of being practitioners of that discipline. So to model historiography we must do so from the views of historians. Gorman begins by showing what it is to model a discipline by using recent philosophy of law and philosophy of science. There are different models at work, whose rivalry and resolution are to be historically understood. With this approach in place he is able to develop the history of historiography and explore the character of historiography as presented by historians. He reveals that historians conform to various norms - that historians now and in the past have agreed and disagreed about the same set of interrelated matters: truth-telling, moral judgement and the synthesis of facts - and it is this internal understanding that we need to recover if we are to arrive at a correct characterization of the discipline of historiography. Demonstrating how the practice of historiography requires choices and therefore the exercise of judgement, Gorman is able to show that in their making of judgements historians enjoy the immense benefit of hindsight. He shows how, in reflecting on their own discipline, historians have typically failed to attend adequately to the history of historiography, neglecting to situate previous historians within their historical contexts, or to pay adequate attention to the fact that present historians, too, are within a context that will change. In addition, Gorman's approach, which emphasizes the power and necessity of choice, and which rests on the pragmatic holistic empiricism of Quine, shows postmodernism not to be the threat that some historians feel it to be, indeed, it is shown to be a radical form of empiricism. Gorman shows how the historical enterprise may be established in our factual and moral understanding in the light of our choices and commitments to a shared world. "Historical Judgement" is an original and important contribution to the philosophy of history. By bringing together the ideas of historians and philosophers, Gorman presents a much more practitioner-focused examination of the discipline of history, one that will, hopefully, encourage historians to think more about the nature of what they do.
Author: Francine Hirsch
Publisher:
ISBN: 0199377936
Category : History
Languages : en
Pages : 561
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Book Description
The Nuremberg Trials (IMT), most notable for their aim to bring perpetrators of Nazi war crimes to justice in the wake of World War II, paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this new history of the trials, a central part of the story has been ignored or forgotten: the critical role the Soviet Union played in making them happen in the first place. While there were practical reasons for this omission--until recently, critical Soviet documents about Nuremberg were buried in the former Soviet archives, and even Russian researchers had limited access--Hirsch shows that there were political reasons as well. The Soviet Union was regarded by its wartime Allies not just as a fellow victor but a rival, and it was not in the interests of the Western powers to highlight the Soviet contribution to postwar justice. Stalin's Show Trials of the 1930s had both provided a model for Nuremberg and made a mockery of it, undermining any pretense of fairness and justice. Further complicating matters was the fact that the Soviets had allied with the Nazis before being invaded by them. The Molotov-Ribbentrop Pact of 1939 hung over the courtroom, as did the fact that the everyone knew that the Soviet prosecution had presented the court with falsified evidence about the Katyn massacre of Polish officers, attempting to pin one of their own major war crimes on the Nazis. For lead American prosecutor Robert Jackson and his colleagues, focusing too much on the Soviet role in the trials threatened the overall credibility of the IMT and possibly even the collective memory of the war. Soviet Justice at Nuremberg illuminates the ironies of Stalin's henchmen presiding in moral judgment over the Nazis. In effect, the Nazis had learned mass-suppression and mass-murder techniques from the Soviets, their former allies, and now the latter were judging them for crimes they had themselves committed. Yet the Soviets had borne the brunt of the fighting--and the losses--in World War II, and this gave them undeniable authority. Moreover, Soviet jurists were the first to conceive of a legal framework for viewing war as a crime, and without that framework the IMT would have had no basis. In short, there would be no denying their place at the tribunal, nor their determination to make the most of it. Illuminating the shifting relationships between the four countries involved (the U.S., Great Britain, France, and the U.S.S.R.) Hirsch's book shows how each was not just facing off against the Nazi defendants, but against each other and offers a new history of Nuremberg.
Author: Muḥammad Taqī ʻUs̲mānī
Publisher: Other Press (Asia)
ISBN: 9789839541175
Category : Interest
Languages : en
Pages : 154
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Book Description
This historic and well-researched judgment is written by Justice Usmani of Pakistan's highest court, in 1999. The implementation of the judgment however was postponed several times by the current Pakistani regime. It nevertheless serves as a useful work for students of Islamic law and economics.
Author: Lawrence Douglas
Publisher: Yale University Press
ISBN: 9780300109849
Category : History
Languages : en
Pages : 346
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Book Description
This is an examination of the law's response to the crimes of the Holocaust. It studies exemplary proceedings including the Nuremberg trial of the major Nazi war criminals and the Israeli trials of Adolf Eichmann and John Demjanjuk.
Author: Tetsuden Kashima
Publisher: University of Washington Press
ISBN: 0295802332
Category : Social Science
Languages : en
Pages : 336
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Book Description
2004 Washington State Book Award Finalist Judgment without Trial reveals that long before the 1941 attack on Pearl Harbor, the U.S. government began making plans for the eventual internment and later incarceration of the Japanese American population. Tetsuden Kashima uses newly obtained records to trace this process back to the 1920s, when a nascent imprisonment organization was developed to prepare for a possible war with Japan, and follows it in detail through the war years. Along with coverage of the well-known incarceration camps, the author discusses the less familiar and very different experiences of people of Japanese descent in the Justice and War Departments� internment camps that held internees from the continental U.S. and from Alaska, Hawaii, and Latin America. Utilizing extracts from diaries, contemporary sources, official communications, and interviews, Kashima brings an array of personalities to life on the pages of his book � those whose unbiased assessments of America�s Japanese ancestry population were discounted or ignored, those whose works and actions were based on misinformed fears and racial animosities, those who tried to remedy the inequities of the system, and, by no means least, the prisoners themselves. Kashima�s interest in this episode began with his own unanswered questions about his father�s wartime experiences. From this very personal motivation, he has produced a panoramic and detailed picture � without rhetoric and emotionalism and supported at every step by documented fact � of a government that failed to protect a group of people for whom it had forcibly assumed total responsibility.
Author: James T. Patterson
Publisher: Oxford University Press
ISBN: 0199880840
Category : History
Languages : en
Pages : 318
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Book Description
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Author: Roger Brooke Taney
Publisher: Legare Street Press
ISBN: 9781017251265
Category : History
Languages : en
Pages : 0
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Book Description
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Gary R. Hartman
Publisher: Infobase Publishing
ISBN: 1438110367
Category : History
Languages : en
Pages : 609
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Book Description
Groundbreaking cases in the American legal system. Through its interpretations of the Constitution and Bill of Rights, the Supreme Court issues decisions that shape American law, define the functioning of government and society,
