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Legal Institutions And Collective Memories
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Book Synopsis Legal Institutions and Collective Memories by : Susanne Karstedt
Download or read book Legal Institutions and Collective Memories written by Susanne Karstedt and published by . This book was released on 2009 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that.
Book Synopsis Legal Institutions and Collective Memories by : Susanne Karstedt
Download or read book Legal Institutions and Collective Memories written by Susanne Karstedt and published by Bloomsbury Publishing. This book was released on 2009-08-03 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory
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.
Book Synopsis Intersections of Law and Memory by : Mirosław Michał Sadowski
Download or read book Intersections of Law and Memory written by Mirosław Michał Sadowski and published by Taylor & Francis. This book was released on 2024-03-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
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.
Book Synopsis Lethe's Law by : Emilios Christodoulidis
Download or read book Lethe's Law written by Emilios Christodoulidis and published by Bloomsbury Publishing. This book was released on 2001-05-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past. Ranging from questions of criminal responsibility and amnesty to those of law's relation to time,memory, and the ethics of reconciliation, it is a sustained jurisprudential and philosophical analysis of one of the most important and pressing legal concerns of our time. Among its key concerns is that justice's demand on law has changed and, in the face of a divided and violent past, law is being called on to do the kind of work it ordinarily shuns. What this means for conventional understandings of law, as well as for the relation between law and politics in times of transition, is explored through a discussion of experiences from Eastern Europe and Germany, to South Africa, Israel, and Australia. The book thus provides a timely investigation of the nature of law and legal institutions in times of political and social change, and will appeal to a broad international audience including lawyers, political theorists, criminologists, and philosophers.
Book Synopsis EBOOK: THEORIES OF SOCIAL REMEMBERING by : Barbara Misztal
Download or read book EBOOK: THEORIES OF SOCIAL REMEMBERING written by Barbara Misztal and published by McGraw-Hill Education (UK). This book was released on 2003-07-16 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: “brilliant… an impressive tour de force” Network *Why does collective memory matter? *How is social memory generated, maintained and reproduced? *How do we explain changes in the content and role of collective memory? Through a synthesis of old and new theories of social remembering, this book provides the first comprehensive overview of the sociology of memory. This rapidly expanding field explores how representations of the past are generated, maintained and reproduced through texts, images, sites, rituals and experiences. The main aim of the book is to show to what extent the investigation of memory challenges sociological understandings of the formation of social identities and conflicts. It illustrates the new status of memory in contemporary societies by examining the complex relationships between memory and commemoration, memory and identity, memory and trauma, and memory and justice. The book consists of six chapters, with the first three devoted to conceptualising the process of remembering by analyzing memory's function, status and history, as well as by locating the study of memory in a broader field of social science. The second part of the book directly explores and discusses theories and studies of social remembering. After a short conclusion, which argues that study of collective memory is an important part of any examination of contemporary society, the glossary offers a concise and up to date overview of the development of relevant theoretical concepts. The result is an essential text for undergraduate courses in social theory, the sociology of memory and a wider audience in cultural studies, history and politics.
Book Synopsis American Memories by : Joachim J. Savelsberg
Download or read book American Memories written by Joachim J. Savelsberg and published by Russell Sage Foundation. This book was released on 2011-09-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long history of warfare and cultural and ethnic violence, the twentieth century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide. Despite this global trend toward accountability, American collective memory appears distinct in that it tends to glorify the nation’s past, celebrating triumphs while eliding darker episodes in its history. In American Memories, sociologists Joachim Savelsberg and Ryan King rigorously examine how the United States remembers its own and others’ atrocities and how institutional responses to such crimes, including trials and tribunals, may help shape memories and perhaps impede future violence. American Memories uses historical and media accounts, court records, and survey research to examine a number of atrocities from the nation’s past, including the massacres of civilians by U.S. military in My Lai, Vietnam, and Haditha, Iraq. The book shows that when states initiate responses to such violence—via criminal trials, tribunals, or reconciliation hearings—they lay important groundwork for how such atrocities are viewed in the future. Trials can serve to delegitimize violence—even by a nation’s military— by creating a public record of grave offenses. But the law is filtered by and must also compete with other institutions, such as the media and historical texts, in shaping American memory. Savelsberg and King show, for example, how the My Lai slayings of women, children, and elderly men by U.S. soldiers have been largely eliminated from or misrepresented in American textbooks, and the army’s reputation survived the episode untarnished. The American media nevertheless evoked the killings at My Lai in response to the murder of twenty-four civilian Iraqis in Haditha, during the war in Iraq. Since only one conviction was obtained for the My Lai massacre, and convictions for the killings in Haditha seem increasingly unlikely, Savelsberg and King argue that Haditha in the near past is now bound inextricably to My Lai in the distant past. With virtually no criminal convictions, and none of higher ranks for either massacre, both events will continue to be misrepresented in American memory. In contrast, the book examines American representations of atrocities committed by foreign powers during the Balkan wars, which entailed the prosecution of ranking military and political leaders. The authors analyze news accounts of the war’s events and show how articles based on diplomatic sources initially cast Serbian President Slobodan Milosevic in a less negative light, but court-based accounts increasingly portrayed Milosevic as a criminal, solidifying his image for the public record. American Memories provocatively suggests that a nation’s memories don’t just develop as a rejoinder to events—they are largely shaped by institutions. In the wake of atrocities, how a state responds has an enduring effect and provides a moral framework for whether and how we remember violent transgressions. Savelsberg and King deftly show that such responses can be instructive for how to deal with large-scale violence in the future, and hopefully how to deter it. A Volume in the American Sociological Association’s Rose Series in Sociology.
Book Synopsis Encyclopedia of Law and Society by : David S. Clark
Download or read book Encyclopedia of Law and Society written by David S. Clark and published by SAGE Publications. This book was released on 2007-07-10 with total page 1808 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.
Download or read book Law’s Memories written by Matt Howard and published by Springer Nature. This book was released on 2022-12-02 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.
Book Synopsis Truth and Transitional Justice by : Alice Panepinto
Download or read book Truth and Transitional Justice written by Alice Panepinto and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Book Synopsis Invitation to the Sociology of International Law by : Moshe Hirsch
Download or read book Invitation to the Sociology of International Law written by Moshe Hirsch and published by Oxford University Press. This book was released on 2015-11-05 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Invitation to the Sociology of International Law aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are profoundly embedded in diverse social factors and processes, such as norms, identity, and collective memory. Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches, and presents a sociological analysis of several significant topics in present-day international law. The volume surveys subjects such as compliance, international economic law, legal fragmentation, law-making, and the impartiality of adjudicators, and reveals that a sociological analysis of international law enriches our understanding of social factors involved in the formation, evolution, and implementation of the law. Such analysis may not only explain past and present trends in international law but also bears significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges. In light of the underlying interrelationships between international law and other social factors, this book invites international law specialists to analyse international legal rules in their wider social context and to incorporate sociological tools into mainstream international law scholarship.
Book Synopsis Legal Memories And Amnesias In America's Rhetorical Culture by : Marouf Arif Hasian
Download or read book Legal Memories And Amnesias In America's Rhetorical Culture written by Marouf Arif Hasian and published by Routledge. This book was released on 2021-11-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.
Book Synopsis Human Rights and Memory by : Daniel Levy
Download or read book Human Rights and Memory written by Daniel Levy and published by Penn State Press. This book was released on 2010 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis The Collective Memory Reader by : Jeffrey K. Olick
Download or read book The Collective Memory Reader written by Jeffrey K. Olick and published by Oxford University Press. This book was released on 2011-01-21 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few decades, there are few concepts that have rivaled "collective memory" for attention in the humanities and social sciences. Indeed, use of the term has extended far beyond scholarship to the realm of politics and journalism, where it has appeared in speeches at the centers of power and on the front pages of the world's leading newspapers. Seen by scholars in numerous fields as a hallmark characteristic of our age, an idea crucial for understanding our present social, political, and cultural conditions, collective memory now guides inquiries into diverse, though connected, phenomena. Nevertheless, there remains a great deal of confusion about the meaning, origin, and implication of the term and the field of inquiry it underwrites. The Collective Memory Reader presents, organizes, and evaluates past work and contemporary contributions on collective memory. Combining seminal texts, hard-to-find classics, previously untranslated references, and contemporary landmarks, it will serve as a key reference in the field. In addition to a thorough introduction, which outlines a useful past for contemporary memory studies, The Collective Memory Reader includes five sections-Precursors and Classics; History, Memory, and Identity; Power, Politics, and Contestation; Media and Modes of Transmission; Memory, Justice, and the Contemporary Epoch-comprising ninety-one texts. A short editorial essay introduces each of the sections, while brief capsules frame each of the selected texts. An indispensable guide, The Collective Memory Reader is at once a definitive entry point into the field for students and an essential resource for scholars.
Book Synopsis Lawyers in Conflict and Transition by : Kieran McEvoy
Download or read book Lawyers in Conflict and Transition written by Kieran McEvoy and published by Cambridge University Press. This book was released on 2022-03-17 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.
Book Synopsis Commemorating and Forgetting by : Martin J. Murray
Download or read book Commemorating and Forgetting written by Martin J. Murray and published by U of Minnesota Press. This book was released on 2013-04-25 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the past is painful, as riddled with violence and injustice as it is in postapartheid South Africa, remembrance presents a problem at once practical and ethical: how much of the past to preserve and recollect and how much to erase and forget if the new nation is to ever unify and move forward? The new South Africa’s confrontation of this dilemma is Martin J. Murray’s subject in Commemorating and Forgetting. More broadly, this book explores how collective memory works—how framing events, persons, and places worthy of recognition and honor entails a selective appropriation of the past, not a mastery of history. How is the historical past made to appear in the present? In addressing these questions, Murray reveals how collective memory is stored and disseminated in architecture, statuary, monuments and memorials, literature, and art—“landscapes of remembrance” that selectively recall and even fabricate history in the service of nation-building. He examines such vehicles of memory in postapartheid South Africa and parses the stories they tell—stories by turn sanitized, distorted, embellished, and compressed. In this analysis, Commemorating and Forgetting marks a critical move toward recognizing how the legacies and impositions of white minority rule, far from being truly past, remain embedded in, intertwined with, and imprinted on the new nation’s here and now.
