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.
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
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.
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 Power and the Past written by Eric Langenbacher and published by Georgetown University Press. This book was released on 2010-01-29 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Only recently have international relations scholars started to seriously examine the influence of collective memory on foreign policy formation and relations between states and peoples. The ways in which the memories of past events are interpreted, misinterpreted, or even manipulated in public discourse create the context that shapes international relations. Power and the Past brings together leading history and international relations scholars to provide a groundbreaking examination of the impact of collective memory. This timely study makes a contribution to developing a theory of memory and international relations and also examines specific cases of collective memory’s influence resulting from the legacies of World War II, the Holocaust, and September 11. Addressing concerns shared by world leaders and international institutions as well as scholars of international studies, this volume illustrates clearly how the memory of past events alters the ways countries interact in the present, how memory shapes public debate and policymaking, and how memory may aid or more frequently impede conflict resolution.
Download or read book Collective Memories in War written by Elena Rozhdestvenskaya and published by Routledge. This book was released on 2015-12-14 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection offers an empirical exploration of social memory in the context of politics, war, identity and culture. With a substantive focus on Eastern Europe, it employs the methodologies of visual studies, content and discourse analysis, in-depth interviews and surveys to substantiate how memory narratives are composed and rewritten in changing ideological and political contexts. The book examines various historical events, including the Russian-Afghan war of 1979-89 and World War II, and considers public and local rituals, monuments and museums, textbook accounts, gender and the body. As such it provides a rich picture of post-socialist memory construction and function based in interdisciplinary memory studies.
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 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.
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 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.
Download or read book Performing the Past written by Karin Tilmans and published by Amsterdam University Press. This book was released on 2010 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karin Tilmans is an historian, and academic coordinator of the Max Weber Programme at the European University Institute, Florence. Frank van Vree is an historian and professor of journalism at the University of Amsterdam. Jay M. Winter is the Charles J. Stille Professor of History at Yale. --
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.
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 252 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.
Download or read book Breaking the Cycles of Hatred written by Martha Minow and published by Princeton University Press. This book was released on 2009-01-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
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 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal rules are profoundly embedded in diverse social factors and processes. International law thus often reflects and affects societal factors nationally and internationally. This book exposes some central tenets of the sociological perspective and presents a sociological analysis of significant topics in current international law.
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.
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.
