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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.
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 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.
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).
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 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws against Holocaust denial are perhaps the best-known manifestation of the present-day politics of historical memory. In Memory Laws, Memory Wars, Nikolay Koposov examines the phenomenon of memory laws in Western and Eastern Europe, Ukraine, and Russia and exposes their very different purposes in the East and West. In Western Europe, he shows how memory laws were designed to create a common European memory centred on the memory of the Holocaust as a means of integrating Europe, combating racism, and averting national and ethnic conflicts. In Russia and Eastern Europe, by contrast, legislation on the issues of the past is often used to give the force of law to narratives which serve the narrower interests of nation states and protect the memory of perpetrators rather than victims. This will be essential reading for all those interested in ongoing conflicts over the legacy of the Second World War, Nazism, and communism.
Book Synopsis Law and the Politics of Memory by : Stiina Löytömäki
Download or read book Law and the Politics of Memory written by Stiina Löytömäki and published by . This book was released on 2014 with total page 0 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.
Book Synopsis The Memory of Judgment by : Lawrence Douglas
Download or read book The Memory of Judgment written by Lawrence Douglas and published by . This book was released on 2001 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerful book offers the first detailed examination of the law's response to the crimes of the Holocaust. In vivid prose it offers a fascinating study of five exemplary proceedings -- the Nuremberg trial of the major Nazi war criminals, the Israeli trials of Adolf Eichmann and John Demjanjuk, the French trial of Klaus Barbie, and the Canadian trial of Holocaust denier Ernst Zundel. These trials, the book argues, were "show trials" in the broadest sense: they aimed to do justice both to the defendants and to the history and memory of the Holocaust. With insight Lawrence Douglas explores how prosecutors and jurors struggled to submit unprecedented crimes to legal judgment, and in so doing, to reconcile the interests of justice and pedagogy. Against the attacks of such critics as Hannah Arendt, Douglas defends the Nuremberg and Eichmann trials as imaginative, if flawed, responses to extreme crimes. By contrast, he shows how the Demjanjuk and Zundel trials turned into disasters of didactic legality, obfuscating the very history they were intended to illuminate. In their successes and shortcomings, Douglas contends, these proceedings changed our understandings of both the Holocaust and the legal process -- revealing the value and limits of the criminal trial as a didactic tool.
Book Synopsis Historical Memory and Criminal Justice in Spain by : Josep Maria Tamarit Sumalla
Download or read book Historical Memory and Criminal Justice in Spain written by Josep Maria Tamarit Sumalla and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
Download or read book Framing Chief Leschi written by Lisa Blee and published by UNC Press Books. This book was released on 2014-03-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1855 in the South Puget Sound, war broke out between Washington settlers and Nisqually Indians. A party of militiamen traveling through Nisqually country was ambushed, and two men were shot from behind and fatally wounded. After the war, Chief Leschi, a Nisqually leader, was found guilty of murder by a jury of settlers and hanged in the territory's first judicial execution. But some 150 years later, in 2004, the Historical Court of Justice, a symbolic tribunal that convened in a Tacoma museum, reexamined Leschi's murder conviction and posthumously exonerated him. In Framing Chief Leschi, Lisa Blee uses this fascinating case to uncover the powerful, lasting implications of the United States' colonial past. Though the Historical Court's verdict was celebrated by Nisqually people and many non-Indian citizens of Washington, Blee argues that the proceedings masked fundamental limits on justice for Indigenous people seeking self-determination. Underscoring critical questions about history and memory, Framing Chief Leschi challenges readers to consider whether liberal legal structures can accommodate competing narratives and account for the legacies of colonialism to promote social justice today.
Book Synopsis Transitional Justice and the Public Sphere by : Chrisje Brants
Download or read book Transitional Justice and the Public Sphere written by Chrisje Brants and published by Bloomsbury Publishing. This book was released on 2017-11-02 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transparency is a fundamental principle of justice. A cornerstone of the rule of law, it allows for public engagement and for democratic control of the decisions and actions of both the judiciary and the justice authorities. This book looks at the question of transparency within the framework of transitional justice. Bringing together scholars from across the disciplinary spectrum, the collection analyses the issue from socio-legal, cultural studies and practitioner perspectives. Taking a three-part approach, it firstly discusses basic principles guiding justice globally before exploring courts and how they make justice visible. Finally, the collection reviews the interface between law, transitional justice institutions and the public sphere.
Book Synopsis Protest, Property and the Commons by : Lucy Finchett-Maddock
Download or read book Protest, Property and the Commons written by Lucy Finchett-Maddock and published by Routledge. This book was released on 2016-03-17 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protest, Property and the Commons focuses on the alternative property narratives of ‘social centres’, or political squats, and how the spaces and their communities create their own – resistant – form of law. Drawing on critical legal theory, legal pluralism, legal geography, poststructuralism and new materialism, the book considers how protest movements both use state law and create new, more informal, legalities in order to forge a practice of resistance. Invaluable for anyone working within the area of informal property in land, commons, protest and adverse possession, this book offers a ground-breaking account of the integral role of time, space and performance in the instituting processes of law and resistance.
Book Synopsis Professional Historians in Public by : Berber Bevernage
Download or read book Professional Historians in Public written by Berber Bevernage and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-07-24 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past decades public interest in history is booming. This creates new opportunities but also challenges for professional historians. This book asks how historians deal with changing public demands for history and how these affect their professional practices, values and identities. The volume offers a great variety of detailed studies of cases where historians have applied their expertise outside the academic sphere. With contributions focusing on Latin America, Africa, Asia, the Pacific and Europe the book has a broad geographical scope. Subdivided in five sections, the book starts with a critical look back on some historians who broke with mainstream academic positions by combining their professional activities with an explicit political partisanship or social engagement. The second section focusses on the challenges historians are confronted with when entering the court room or more generally exposing their expertise to legal frameworks. The third section focuses on the effects of policy driven demands as well as direct political interventions and regulations on the historical profession. A fourth section looks at the challenges and opportunities related to the rise of new digital media. Finally several authors offer their view on normative standards that may help to better respond to new demands and to define role models for publicly engaged historians. This book aims at historians and other academics interested in public uses of history.
Book Synopsis Legacies of the International Criminal Tribunal for the Former Yugoslavia by : Carsten Stahn
Download or read book Legacies of the International Criminal Tribunal for the Former Yugoslavia written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2020-06-11 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: Legacy as Dialogue: Reflecting on the ICTY Experience / Carsten Stahn. - PART I OPENING REFLECTIONS. - 1 The Last Testament of the ICTY / Carmel Agius. - 2 Making Complementarity a Reality: The Experiences of the ICTY and IRMCT Office of the Prosecutor / Serge Brammertz. - 3 The ICTY and the Defence Legacy: The Association of Counsel Practising Before the ICTY / Colleen Rohan. - 4 The Moral Legacy of the ICTY, Miguel de Serpa Soares. - PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES. - 5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective / Carsten Stahn. - 6 Legacies in the Making at the ICTY / Viviane E. Dittrich. - 7 The Narrative Legacies of Exceptional Crime: The Prosecutor as a Peacebuilder / Simone Gigliotti and Amber Pierce. - 8 Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation / Mark Drumbl, - PART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND TRUTH. - 9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia / Marina Aksenova. - 10 A Partial View of History: ICTY Judgments as 'Judicial Truths' / Luigi Prosperi and Aldo Zammit Borda . - 11 Handle with Care: ICTY, Juridical By-products, and Criminological Analyses / Andy Aydin-Aitchiso. - PART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES. - 12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY / Kweku Vanderpuye and Christopher Mitchell, - 13 Whither Thou Truth and Justice: Witness Perceptions About their Contributions to the ICTY / Kimi Lynn King and James Meernik. - PART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH. - 14 Defence Investigative Ethics: Practical Lessons from the ICTY's Legacy for Counsel Practising in the Region / Michael G. Karnavas. - 15 Judgments and Judgment Drafting, / Thomas Wayde Pittman and Marko Divac Öberg. - 16 Muzzling the Press: When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond / Audrey Fino and Sandra Sahyouni. - 17 Translating and Interpreting at the ICTY: Lessons Learned / Ellen Elias-Bursać. - 18 Was it Worth it? A Look into the Results of the ICTY's Outreach Programme / Petar Finci. - 19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia / Adrian Plevin. - PART VI PUNISHMENT, SENTENCING, AND BEYOND. - 20 Punishing for Humanity: The Sentencing Legacy of the ICTY / Margaret M. deGuzman. - 21Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina / Barbora Holá. - 22 When Justice is Done: The ICTY and the Post-trial Phase / Joris van Wijk and Barbora Holá . - PART VII IMPACT ON DOMESTIC LEGAL SYSTEMS. - 23 Narratives of Justice and War in Croatia / Ivor Sokolić. - 24 The Legacy of the ICTY: The Three-tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success / Jennifer Trahan and Iva Vukušić. - 25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law / Tatjana Dawson and Ljiljana Hellman. - 26 'We Learnt that from The Hague': How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia / Kei Hannah Brodersen. - PART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS. - 27 The Peace versus Justice Debate Revisited: The ICTY's Impact on the Bosnian Peace Process / Jacqueline R. McAllister. - 28 Croatia's Homeland War, the Battles Over Victor's Justice, and the Legacy of the ICTY / Victor Peskin. - 29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina / Jovana Mihajlović Trbovc. - 30 The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field Study of Memories / Rosa Aloisi. - 31 The ICTY, Truth, and Reconciliation: A Meta Reconceptualization / Janine Natalya Clark.
Book Synopsis Repression, Resistance and Collaboration in Stalinist Romania 1944-1964 by : Monica Ciobanu
Download or read book Repression, Resistance and Collaboration in Stalinist Romania 1944-1964 written by Monica Ciobanu and published by Routledge. This book was released on 2020-10-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the process of remembering Stalinist repression in Romania has shifted from individual, family, and group representations of lived and witnessed experiences characteristic of the 1990s to more recent and state-sponsored expressions of historical remembrance through their incorporation in official commemorations, propaganda sites, and restorative and compensatory measures. Based on fieldwork dealing with Stalinist repression and memorialization, together with archival research on the secret police (Securitate), it adopts an interdisciplinary approach to reveal the resurfacing of particular themes. As such it draws on concepts from sociology, political science, and legal studies, related to memory, justice, redress, identity, accountability, and reconciliation. A study of competing narratives concerning the meaning of the past as part of a struggle over the legitimacy of the post-communist state, Repression, Resistance, and Collaboration in Stalinist Romania 1944–1964 combines memory studies with a transitional justice approach that will appeal to scholars of sociology, heritage and memory studies, politics, and law.
Book Synopsis Murder in the Multinational State by : Stewart King
Download or read book Murder in the Multinational State written by Stewart King and published by Routledge. This book was released on 2019-05-23 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Spaniards set out to transform the political, social and cultural landscape of the nation following the death of dictator Francisco Franco in 1975, its crime fiction traces, challenges and celebrates these radical changes. Crime Fiction from Spain: Murder in the Multinational State provides a comprehensive exploration of the relationship between detective fiction and national and cultural identities in post-Franco democratic Spain. What sort of stories are told about the nation within the state in the crime genre? How do the conventions of the crime story shape not only the production of national and cultural identities, but also their disruption? Combining criminological theories of crime and community with an analysis of the genre’s conventions, this study challenges the simple classification of Spanish crime fiction as texts written by Spaniards, set in Spain and with Spanish characters. Instead, it develops a dramatic new reading practice which allows for a greater understanding of the role of crime fiction in the construction and articulation of different and, at times, competing, national and cultural identities, including in the Basque Country, Catalonia and Galicia. The book provides a stimulating introduction to the key debates on the study of crime fiction and national and cultural identities in the context of a multinational state.
Book Synopsis Transnational Ukraine? by : Timm Beichelt
Download or read book Transnational Ukraine? written by Timm Beichelt and published by Columbia University Press. This book was released on 2016-12-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Euromaidan protests showed Ukraine to be a state between East and West European paths. Ukraine’s search for an identity and future is deeply rooted in historical fractures, which indicate its longstanding ties beyond its borders. In this volume, distinguished scholars provide empirical analysis and theoretical reflections on Ukraine’s transnational embeddedness, which surfaced with an unexpected intensity in the recent political conflict. The essays have subjects including the role of international media and of diaspora communities in Euromaidan’s aftermath, the transnational roots of memory and the search for collective identity, and transnational linkages of elites within Ukrainian political and economic regimes. The anthology demonstrates the theoretical and analytical value of the concept of transnationalism for studying the ambivalent processes of post-Soviet modernization.
Book Synopsis Memory and Forgetting in the Post-Holocaust Era by : Alejandro Baer
Download or read book Memory and Forgetting in the Post-Holocaust Era written by Alejandro Baer and published by Taylor & Francis. This book was released on 2016-11-25 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: To forget after Auschwitz is considered barbaric. Baer and Sznaider question this assumption not only in regard to the Holocaust but to other political crimes as well. The duties of memory surrounding the Holocaust have spread around the globe and interacted with other narratives of victimization that demand equal treatment. Are there crimes that must be forgotten and others that should be remembered? In this book the authors examine the effects of a globalized Holocaust culture on the ways in which individuals and groups understand the moral and political significance of their respective histories of extreme political violence. Do such transnational memories facilitate or hamper the task of coming to terms with and overcoming divisive pasts? Taking Argentina, Spain and a number of sites in post-communist Europe as test cases, this book illustrates the transformation from a nationally oriented ethics to a trans-national one. The authors look at media, scholarly discourse, NGOs dealing with human rights and memory, museums and memorial sites, and examine how a new generation of memory activists revisits the past to construct a new future. Baer and Sznaider follow these attempts to manoeuvre between the duties of remembrance and the benefits of forgetting. This, the authors argue, is the "ethics of Never Again."
