Legal Institutions And Collective Memories
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Legal Institutions And Collective Memories
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Author : Susanne Karstedt
language : en
Publisher:
Release Date : 2009
Legal Institutions And Collective Memories written by Susanne Karstedt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Collective memory categories.
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.
Intersections Of Law And Memory
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Author : Mirosław Michał Sadowski
language : en
Publisher: Taylor & Francis
Release Date : 2024-03-12
Intersections Of Law And Memory written by Mirosław Michał Sadowski and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-12 with Law categories.
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.
Legal Institutions And Collective Memories
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Author : Susanne Karstedt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-08-03
Legal Institutions And Collective Memories written by Susanne Karstedt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-03 with Law categories.
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
Law And Memory
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Author : Uladzislau Belavusau
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-19
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 2017-10-19 with Law categories.
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.
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.
Law S Memories
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Author : Matt Howard
language : en
Publisher: Springer Nature
Release Date : 2022-12-02
Law S Memories written by Matt Howard and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-02 with Social Science categories.
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.
Breaking The Cycles Of Hatred
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Author : Martha Minow
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
Breaking The Cycles Of Hatred written by Martha Minow and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Law categories.
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.
American Memories
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Author : Joachim J. Savelsberg
language : en
Publisher: Russell Sage Foundation
Release Date : 2011-09-01
American Memories written by Joachim J. Savelsberg and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-01 with Political Science categories.
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.
Cultural Trauma
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Author : Ron Eyerman
language : en
Publisher: Cambridge University Press
Release Date : 2001-12-13
Cultural Trauma written by Ron Eyerman 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 2001-12-13 with Biography & Autobiography categories.
In this book, Ron Eyerman explores the formation of the African-American identity through the theory of cultural trauma. The trauma in question is slavery, not as an institution or as personal experience, but as collective memory: a pervasive remembrance that grounded a people's sense of itself. Combining a broad narrative sweep with more detailed studies of important events and individuals, Eyerman reaches from Emancipation through the Harlem Renaissance, the Depression, the New Deal and the Second World War to the Civil Rights movement and beyond. He offers insights into the intellectual and generational conflicts of identity-formation which have a truly universal significance, as well as providing a compelling account of the birth of African-American identity. Anyone interested in questions of assimilation, multiculturalism and postcolonialism will find this book indispensable.
History And Collective Memory In South Asia 1200 2000
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Author : Sumit Guha
language : en
Publisher: University of Washington Press
Release Date : 2019-11-04
History And Collective Memory In South Asia 1200 2000 written by Sumit Guha and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-04 with History categories.
In this far-ranging and erudite exploration of the South Asian past, Sumit Guha discusses the shaping of social and historical memory in world-historical context. He presents memory as the result of both remembering and forgetting and of the preservation, recovery, and decay of records. By describing how these processes work through sociopolitical organizations, Guha delineates the historiographic legacy acquired by the British in colonial India; the creation of the centralized educational system and mass production of textbooks that led to unification of historical discourses under colonial auspices; and the divergence of these discourses in the twentieth century under the impact of nationalism and decolonization. Guha brings together sources from a range of languages and regions to provide the first intellectual history of the ways in which socially recognized historical memory has been made across the subcontinent. This thoughtful study contributes to debates beyond the field of history that complicate the understanding of objectivity and documentation in a seemingly post-truth world.