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.
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.
Download or read book Memory Laws Memory Wars written by Nikolay Koposov and published by Cambridge University Press. This book was released on 2018 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.
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.
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 171 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.
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.
Download or read book History Memory and Law written by Magda Teter and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 246 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).
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.
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.
Download or read book Memory and American History written by David Paul Thelen and published by . This book was released on 1990 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""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.
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.
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.
Download or read book Mass Atrocity Collective Memory and the Law written by Mark J. Osiel and published by Routledge. This book was released on 2017-07-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. 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. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.
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.
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.
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 186 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.
