History Memory And The Law
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History Memory And The Law
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Author : Austin Sarat
language : en
Publisher: University of Michigan Press
Release Date : 2009-11-10
History Memory And The Law written by Austin Sarat and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-10 with History categories.
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.
Memory Laws Memory Wars
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Author : Nikolay Koposov
language : en
Publisher: Cambridge University Press
Release Date : 2018
Memory Laws Memory Wars written by Nikolay Koposov and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with History categories.
A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
International Law And The Politics Of History
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Author : Anne Orford
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-05
International Law And The Politics Of History written by Anne Orford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-05 with History categories.
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Mass Atrocity Ordinary Evil And Hannah Arendt
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Author : Mark Osiel
language : en
Publisher: Yale University Press
Release Date : 2001-01-01
Mass Atrocity Ordinary Evil And Hannah Arendt written by Mark Osiel and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Law categories.
Is it possible that the soldiers of mass atrocities--Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example--act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.
The Memory Of Judgment
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Author : Lawrence Douglas
language : en
Publisher:
Release Date : 2001
The Memory Of Judgment written by Lawrence Douglas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.
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.
Human Rights And Memory
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Author : Daniel Levy
language : en
Publisher: Penn State Press
Release Date : 2010
Human Rights And Memory written by Daniel Levy and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Political Science categories.
"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.
War And Rape
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Author : Nicola Henry
language : en
Publisher: Routledge
Release Date : 2011
War And Rape written by Nicola Henry and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.
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 âe~unspeakableâe(tm), particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is âe~rememberedâe(tm), 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 âe~counter-memoriesâe(tm) 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.
The Memory Phenomenon In Contemporary Historical Writing
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Author : Patrick H. Hutton
language : en
Publisher: Springer
Release Date : 2016-07-15
The Memory Phenomenon In Contemporary Historical Writing written by Patrick H. Hutton and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-15 with History categories.
In this book, the author provides a comprehensive overview of the intense and sustained work on the relationship between collective memory and history, retracing the royal roads pioneering scholars have traveled in their research and writing on this topic: notably, the politics of commemoration (purposes and practices of public remembrance); the changing uses of memory worked by new technologies of communication (from the threshold of literacy to the digital age); the immobilizing effects of trauma upon memory (with particular attention to the remembered legacy of the Holocaust). He follows with an analysis of the implications of this scholarship for our thinking about history itself, with attention to such issues as the mnemonics of historical time, and the encounter between representation and experience in historical understanding. His book provides insight into the way interest in the concept of memory - as opposed to long-standing alternatives, such as myth, tradition, and heritage - has opened new vistas for scholarship not only in cultural history but also in shared ventures in memory studies in related fields in the humanities and social sciences.
Memory Trauma Treatment And The Law
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Author : Daniel P. Brown
language : en
Publisher: W W Norton & Company Incorporated
Release Date : 1998
Memory Trauma Treatment And The Law written by Daniel P. Brown and has been published by W W Norton & Company Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
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.
Languages Of Law
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Author : Peter Goodrich
language : en
Publisher:
Release Date : 2004-12
Languages Of Law written by Peter Goodrich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-12 with categories.