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History, Memory, and the Law

History, Memory, and the Law
Author: Austin Sarat
Publisher: University of Michigan Press
Total Pages: 346
Release: 2009-11-10
Genre: History
ISBN: 9780472023646

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Law in the modern era is one of the most important of our society's technologies for preserving memory. In helping to construct our memory in certain ways law participates in the writing of our collective history. It plays a crucial role in knitting together our past, present, and future.The essays in this volume present grounded examinations of particular problems, places, and practices and address the ways in which memory works in and through law, the sites of remembrance that law provides, the battles against forgetting that are fought in and around those sites, and the resultant role law plays in constructing history. The writers also inquire about the way history is mobilized in legal decision making, the rhetorical techniques for marshalling and for overcoming precedent, and the different histories that are written in and through the legal process.The contributors are Joan Dayan, Soshana Felman, Dominic La Capra, Reva Siegel, Brook Thomas, and G.


Law and Memory

Law and Memory
Author: Uladzislau Belavusau
Publisher: Cambridge University Press
Total Pages: 461
Release: 2017-10-19
Genre: Law
ISBN: 110718875X

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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 the Politics of Memory

Law and the Politics of Memory
Author: Stiina Loytomaki
Publisher: Routledge
Total Pages: 171
Release: 2014-06-05
Genre: Law
ISBN: 1136007369

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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 Laws, Memory Wars

Memory Laws, Memory Wars
Author: Nikolay Koposov
Publisher: Cambridge University Press
Total Pages: 339
Release: 2017-10-12
Genre: History
ISBN: 1108419720

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


The Memory of Judgment

The Memory of Judgment
Author: Lawrence Douglas
Publisher: Yale University Press
Total Pages: 346
Release: 2001-01-01
Genre: History
ISBN: 9780300109849

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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.


Memory and Law

Memory and Law
Author: Lynn Nadel
Publisher: Oxford University Press
Total Pages: 409
Release: 2012-08-02
Genre: Law
ISBN: 0199920753

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The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system — these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.


Memory and Punishment

Memory and Punishment
Author: Emanuela Fronza
Publisher: Springer
Total Pages: 217
Release: 2018-02-27
Genre: Law
ISBN: 9462652341

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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).


Memory and History

Memory and History
Author: Joan Tumblety
Publisher: Routledge
Total Pages: 241
Release: 2013-07-15
Genre: History
ISBN: 1135905363

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How does the historian approach memory and how do historians use different sources to analyze how history and memory interact and impact on each other? Memory and History explores the different aspects of the study of this field. Taking examples from Europe, Australia, the USA and Japan and treating periods beyond living memory as well as the recent past, the volume highlights the contours of the current vogue for memory among historians while demonstrating the diversity and imagination of the field. Each chapter looks at a set of key historical and historiographical questions through research-based case studies: How does engaging with memory as either source or subject help to illuminate the past? What are the theoretical, ethical and/or methodological challenges that are encountered by historians engaging with memory in this way, and how might they be managed? How can the reading of a particular set of sources illuminate both of these questions? The chapters cover a diverse range of approaches and subjects including oral history, memorialization and commemoration, visual cultures and photography, autobiographical fiction, material culture, ethnic relations, the individual and collective memories of war veterans. The chapters collectively address a wide range of primary source material beyond oral testimony – photography, monuments, memoir and autobiographical writing, fiction, art and woodcuttings, ‘everyday’ and ‘exotic’ cultural artefacts, journalism, political polemic, the law and witness testimony. This book will be essential reading for students of history and memory, providing an accessible guide to the historical study of memory through a focus on varied source materials.


Memory and American History

Memory and American History
Author: David Paul Thelen
Publisher:
Total Pages: 182
Release: 1990
Genre: History
ISBN: 9780253359407

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""Memory and American History contains some of the most interesting explorations and significant recent results of work by scholars using traditional primary and secondary sources as well as oral history interviews."" -- Library Quarterly From true memory comes true history. Or does it? As this book demonstrates, the study of memory opens exciting opportunities for historians to ask fresh questions of conventional sources and to make new connections among subjects that have come to be regarded as specialized and distinct.


Mass Atrocity, Collective Memory, and the Law

Mass Atrocity, Collective Memory, and the Law
Author: Mark Osiel
Publisher: Transaction Publishers
Total Pages: 334
Release: 1999-09-01
Genre: Political Science
ISBN: 9781412828178

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To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.