History Memory And The Law

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History, Memory, and the Law

Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 9780472023646
Total Pages : 346 pages
Book Rating : 4.0/5 (236 download)

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Book Synopsis History, Memory, and the Law by : Austin Sarat

Download or read book History, Memory, and the Law written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Uladzislau Belavusau
Publisher : Cambridge University Press
ISBN 13 : 110718875X
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Law and Memory by : Uladzislau Belavusau

Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Stiina Loytomaki
Publisher : Routledge
ISBN 13 : 1136007369
Total Pages : 162 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Law and the Politics of Memory by : Stiina Loytomaki

Download or read book Law and the Politics of Memory written by Stiina Loytomaki and published by Routledge. This book was released on 2014-06-05 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law

Author : Lynn Nadel
Publisher : Oxford University Press
ISBN 13 : 0199920753
Total Pages : 409 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Memory and Law by : Lynn Nadel

Download or read book Memory and Law written by Lynn Nadel and published by Oxford University Press. This book was released on 2012-08-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Laws, Memory Wars

Author : Nikolay Koposov
Publisher : Cambridge University Press
ISBN 13 : 1108419720
Total Pages : 339 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Memory Laws, Memory Wars by : Nikolay Koposov

Download or read book Memory Laws, Memory Wars written by Nikolay Koposov and published by Cambridge University Press. This book was released on 2017-10-12 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.

The Memory of Judgment

Author : Lawrence Douglas
Publisher : Yale University Press
ISBN 13 : 9780300109849
Total Pages : 346 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Memory of Judgment by : Lawrence Douglas

Download or read book The Memory of Judgment written by Lawrence Douglas and published by Yale University Press. This book was released on 2001-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Laws and Historical Justice

Author : Elazar Barkan
Publisher : Springer Nature
ISBN 13 : 3030949141
Total Pages : 336 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Memory Laws and Historical Justice by : Elazar Barkan

Download or read book Memory Laws and Historical Justice written by Elazar Barkan and published by Springer Nature. This book was released on 2022-09-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Memory and History

Author : Jaclyn Jeffrey
Publisher :
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Memory and History by : Jaclyn Jeffrey

Download or read book Memory and History written by Jaclyn Jeffrey and published by . This book was released on 1994 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interfaces of memory theory and oral history, which is based on human recollection. Essays examine the importance of memory and its reliability. Scholars from two fields, cognitive psychology and oral history, examine the ways in which human experience is recalled and interpreted. The papers were first presented in 1988 at an interdisciplinary conference sponsored by Baylor University Institute for Oral History. Contents: Foreword, Donald A. Ritchie; Introduction; Believe It or Not: Rethinking the Historical Interpretation of Memory, Paul Thompson, Comment by Glenace E. Edwall; Tricked by Memory, Elizabeth F. Loftus, Comment by Eva M. McMahan; American History and the Structures of Collective Memory: A Modest Exercise in Empirical Iconography, Michael H. Frisch, Comment by Kenneth Foote; Dialogue I: Sally Browder, Michael H. Frisch, ELizabeth Loftus, Paul Thompson; Phoenix and Chimera: The Changing Faces of Memory, Marigold Linton, Comment by Kim Lacy Rogers; What One Cannot Remember Mistakenly, Karen E. Fields, Comment by Alpine W. Jefferson; Reliability and Validity in Oral History: The Case for Memory, Alice M. Hoffman and Howard S. Hoffman, Comment by Terry Anderson, Comment by Brent Slife; Dialogue II: Karen E. Feilds, Alice M. Hoffman, Howard S. Hoffman, Marigold Linton, Paul Thompson, Donald Ritchie; Afterword, Lewis M. Barker. Co-published with the Institute for Oral History.

Memory and History

Author : Joan Tumblety
Publisher : Routledge
ISBN 13 : 1135905363
Total Pages : 241 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Memory and History by : Joan Tumblety

Download or read book Memory and History written by Joan Tumblety and published by Routledge. This book was released on 2013-07-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Historical Justice and Memory

Author : Klaus Neumann
Publisher : University of Wisconsin Pres
ISBN 13 : 0299304647
Total Pages : 271 pages
Book Rating : 4.2/5 (993 download)

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Book Synopsis Historical Justice and Memory by : Klaus Neumann

Download or read book Historical Justice and Memory written by Klaus Neumann and published by University of Wisconsin Pres. This book was released on 2015-07-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Landscape of Historical Memory

Author : Kirk A. Denton
Publisher : Hong Kong University Press
ISBN 13 : 9888528572
Total Pages : 283 pages
Book Rating : 4.8/5 (885 download)

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Book Synopsis The Landscape of Historical Memory by : Kirk A. Denton

Download or read book The Landscape of Historical Memory written by Kirk A. Denton and published by Hong Kong University Press. This book was released on 2021-03-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Landscape of Historical Memory explores the place of museums and memorial culture in the contestation over historical memory in post–martial law Taiwan. The book is particularly oriented toward the role of politics—especially political parties—in the establishment, administration, architectural design, and historical narratives of museums. It is framed around the wrangling between the “blue camp” (the Nationalist Party, or KMT, and its supporters) and the “green camp” (Democratic Progressive Party, or DPP, and its supporters) over what facets of the past should be remembered and how they should be displayed in museums. Organized into chapters focused on particular types of museums and memorial spaces (such as archaeology museums, history museums, martyrs’ shrines, war museums, memorial halls, literature museums, ethnology museums, and ecomuseums), the book presents a broad overview of the state of museums in Taiwan in the past three decades. The case of Taiwan museums tells us much about Cold War politics and its legacy in East Asia; the role of culture, history, and memory in shaping identities in the “postcolonial” landscape of Taiwan; the politics of historical memory in an emergent democracy, especially in counterpoint to the politics of museums in the People’s Republic of China, which continues to be an authoritarian single party state; and the place of museums in a neoliberal economic climate. “This book offers unique insight into the configurations of international museum culture as manifested in the sociopolitical landscape of post–martial law Taiwan. Using case studies filled with telling details, Denton analyzes how museums both reflect and initiate cultural change. This work adds substantially to Taiwan studies and museology, with in-depth scholarship and innovative observations presented in a clear and compelling narrative.” —Joseph R. Allen, University of Minnesota, Twin Cities “This is a fascinating and meticulously researched survey of Taiwan’s museums. Denton has produced a book that is both scholarly and highly readable. It will appeal to a wide readership, encompassing social scientists specializing in Taiwan, students of Chinese or East Asian studies, observers of Taiwanese politics and the local cultural scene, and others besides.” —Edward Vickers, Kyushu University

Mass Atrocity, Collective Memory, and the Law

Author : Mark Osiel
Publisher : Transaction Publishers
ISBN 13 : 9781412828178
Total Pages : 334 pages
Book Rating : 4.8/5 (281 download)

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Book Synopsis Mass Atrocity, Collective Memory, and the Law by : Mark Osiel

Download or read book Mass Atrocity, Collective Memory, and the Law written by Mark Osiel and published by Transaction Publishers. This book was released on 1999-09-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Memory, Trauma Treatment, and the Law

Author : Daniel P. Brown
Publisher : W W Norton & Company Incorporated
ISBN 13 : 9780393702545
Total Pages : 786 pages
Book Rating : 4.7/5 (25 download)

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Book Synopsis Memory, Trauma Treatment, and the Law by : Daniel P. Brown

Download or read book Memory, Trauma Treatment, and the Law written by Daniel P. Brown and published by W W Norton & Company Incorporated. This book was released on 1998 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors critically review memory research, trauma treatment, and legal cases pertaining to the false memory controversy. They discuss current memory science and research with both children and adults, pointing out where findings are and are not generalizable to trauma memories recovered in psychotherapy. The main issues in the recovered memory debate are covered, as well as research on emotion and memory, autobiographical memory, flashbulb memory, memory for trauma, and types of suggestions, such as misinformation suggestions, social persuasion, interrogatory suggestions, and brainwashing. Research on the reliability of memories recovered in hypnosis is reviewed and guidelines for using hypnosis with patients reporting no, partial, or full memory of having been sexually abused are outlined. The authors review the development and current practice of phase-oriented trauma treatment and present a standard of care that is effective and ethical. Their exploration of memory in the legal context includes a review of malpractice liability and current malpractice cases for allegedly implanting false memories in therapy, as well as the evolving law around legal actions by people who have recovered memories and around hypnosis and memory recovery. This is an essential reference on memory for all clinicians, researchers, attorneys, and judges.

Memory and Punishment

Author : Emanuela Fronza
Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 217 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Memory and Punishment by : Emanuela Fronza

Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

War and Rape

Author : Nicola Henry
Publisher : Routledge
ISBN 13 : 1136861831
Total Pages : 184 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis War and Rape by : Nicola Henry

Download or read book War and Rape written by Nicola Henry and published by Routledge. This book was released on 2012-07-26 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains ‘unspeakable’, particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is ‘remembered’, it is often the subject of political controversy and heated debate. In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do ‘counter-memories’ of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict. Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.

International Law and the Politics of History

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1108480942
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law and the Politics of History by : Anne Orford

Download or read book International Law and the Politics of History written by Anne Orford and published by Cambridge University Press. This book was released on 2021-08-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Memory

Author : Alison Winter
Publisher : University of Chicago Press
ISBN 13 : 0226902587
Total Pages : 331 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis Memory by : Alison Winter

Download or read book Memory written by Alison Winter and published by University of Chicago Press. This book was released on 2012-01-16 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Picture your 21st birthday. Did you have a party? If so, do you remember who was there? How clear are these memories? Should we trust them? Such questions have fascinated scientists for hundreds of years, and, as Alison Winter shows in this book, the answers have changed dramatically in just the past century.