Law And Memory
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Memory And Law
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Author : Lynn Nadel
language : en
Publisher: Oxford University Press
Release Date : 2012-08-02
Memory And Law written by Lynn Nadel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-02 with Law categories.
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.
Law And Memory
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Author : Uladzislau Belavusau
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-13
Law And Memory written by Uladzislau Belavusau 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 2018-12-13 with Law categories.
Legal governance of memory has played a central role in establishing hegemony of monumental history, and has forged national identities and integration processes in Europe and beyond. In this book, a range of contributors explore both the nature and role of legal engagement into historical memory in selected national law, European and international law. They also reflect on potential conflicts between legal governance, political pluralism, and fundamental rights, such as freedom of expression. In recent years, there have been numerous monumental commemoration practices and judicial trials about correlated events all over the world, and this is a prime opportunity to undertake an important global comparative scrutiny of memory laws. Against the background of mass re-writing of history in different parts of the world, this book revisits a fascinating subject of memory laws from the standpoint of comparative law and transitional justice.
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.
History Memory And The Law
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Author : Austin Sarat
language : en
Publisher:
Release Date : 1999-10-28
History Memory And The Law written by Austin Sarat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-10-28 with History categories.
How law uses history and molds memory
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.
War And Rape
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Author : Nicola Henry
language : en
Publisher: Routledge
Release Date : 2012-07-26
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 2012-07-26 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 ‘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.
Memory And Miscarriages Of Justice
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Author : Mark L. Howe
language : en
Publisher: Psychology Press
Release Date : 2017-08-16
Memory And Miscarriages Of Justice written by Mark L. Howe and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-16 with Psychology categories.
Memory is often the primary evidence in the courtroom, yet unfortunately this evidence may not be fit for purpose. This is because memory is both fallible and malleable; it is possible to forget and also to falsely remember things which never happened. The legal system has been slow to adapt to scientific findings about memory even though such findings have implications for the use of memory as evidence, not only in the case of eyewitness testimony, but also for how jurors, barristers, and judges weigh evidence. Memory and Miscarriages of Justice provides an authoritative look at the role of memory in law and highlights the common misunderstandings surrounding it while bringing the modern scientific understanding of memory to the forefront. Drawing on the latest research, this book examines cases where memory has played a role in miscarriages of justice and makes recommendations from the science of memory to support the future of memory evidence in the legal system. Appealing to undergraduate and postgraduate students of psychology and law, memory experts, and legal professionals, this book provides an insightful and global view of the use of memory within the legal system.
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 Neuroethics Of Memory
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Author : Walter Glannon
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-08
The Neuroethics Of Memory written by Walter Glannon 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 2019-08-08 with Law categories.
Provides a thematically integrated analysis and discussion of neuroethical questions about memory capacity, content, and interventions.
Trauma And Memory
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Author : Paul S. Appelbaum
language : en
Publisher: Oxford University Press
Release Date : 1997-05-29
Trauma And Memory written by Paul S. Appelbaum and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05-29 with Medical categories.
The authenticity of memories of childhood sexual abuse has become one of the major social controversies of the 1990's. As persons who report histories of abuse have sought remedies in civil and criminal proceedings in the courts, the accuracy of their memories--particularly when they have been recalled after a period of time--has been subject to intense scrutiny. This volume brings together many of the leading participants in the debate to provide a comprehensive picture of the psychological, physiological, and legal aspects of trauma. Beginning by defining the opposing positions in the debate, the contributors then offer a variety of perspectives on the nature of memory, including reviews of some of the most exciting recent developments in this fast-growing area of investigation. Next, consideration is given to the impact of trauma on memory, both in adults and in children. With this framework in place, the authors turn to an examination of the variety of treatment approaches available to victims of trauma, who are trying to cope with the painful consequences of those events. The book argues against a unidimensional approach to trauma, calling instead for a multidisciplinary synthesis that includes developmental, neurobiological, cognitive, and psychodynamic perspectives. Chapters address the legal dilemmas for patients, mental health professionals and society as a whole that have arisen from the trauma and memory controversy. Most importantly, the editors shift the focus of their discussion from the laboratory to the courtroom and from the research journal to the psychotherapist's office, looking at the issues from every relevant angle. This is the only book in the field to treat the trauma and memory controversy comprehensively, from basic research on memory processes through clinical approaches to legal and policy issues. Trauma and Memory is a valuable tool for clinicians treating patients with traumatic memories. It is also intended for psychologists, physicians, social workers and lawyers who need a comprehensive reference on trauma and sexual abuse during childhood.