Mass Atrocity Collective Memory And The Law
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Mass Atrocity Collective Memory And The Law
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Author : Michael Curtis
language : en
Publisher: Routledge
Release Date : 2017-07-12
Mass Atrocity Collective Memory And The Law written by Michael Curtis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with History categories.
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.
Mass Atrocity Collective Memory And The Law
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Author : Mark Osiel
language : en
Publisher: Transaction Pub
Release Date : 1999-09-01
Mass Atrocity Collective Memory And The Law written by Mark Osiel and has been published by Transaction Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-01 with Law categories.
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.
Making Sense Of Mass Atrocity
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Author : Mark Osiel
language : en
Publisher: Cambridge University Press
Release Date : 2009-07-31
Making Sense Of Mass Atrocity written by Mark Osiel 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 2009-07-31 with Law categories.
This book trenchantly diagnoses the law's limits in making sense of mass atrocity.
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 Crime Of Destruction And The Law Of Genocide
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Author : Caroline Fournet
language : en
Publisher: Routledge
Release Date : 2016-03-16
The Crime Of Destruction And The Law Of Genocide written by Caroline Fournet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Law categories.
This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
Mass Atrocity Collective Memory And The Law
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Author : Mark Osiel
language : en
Publisher: Transaction Publishers
Release Date : 1999-09-01
Mass Atrocity Collective Memory And The Law written by Mark Osiel and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-01 with Political Science categories.
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.
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 Political Science 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.
The Collective Memory Reader
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Author : Jeffrey K. Olick
language : en
Publisher:
Release Date : 2011
The Collective Memory Reader written by Jeffrey K. Olick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.
In the last few decades, there are few concepts that have rivaled "collective memory" for attention in the humanities and social sciences. Indeed, use of the term has extended far beyond scholarship to the realm of politics and journalism, where it has appeared in speeches at the centers of power and on the front pages of the world's leading newspapers. Seen by scholars in numerous fields as a hallmark characteristic of our age, an idea crucial for understanding our present social, political, and cultural conditions, collective memory now guides inquiries into diverse, though connected, phenomena. Nevertheless, there remains a great deal of confusion about the meaning, origin, and implication of the term and the field of inquiry it underwrites. The Collective Memory Reader presents, organizes, and evaluates past work and contemporary contributions on collective memory. Combining seminal texts, hard-to-find classics, previously untranslated references, and contemporary landmarks, it will serve as a key reference in the field. In addition to a thorough introduction, which outlines a useful past for contemporary memory studies, The Collective Memory Reader includes five sections-Precursors and Classics; History, Memory, and Identity; Power, Politics, and Contestation; Media and Modes of Transmission; Memory, Justice, and the Contemporary Epoch-comprising ninety-one texts. A short editorial essay introduces each of the sections, while brief capsules frame each of the selected texts. An indispensable guide, The Collective Memory Reader is at once a definitive entry point into the field for students and an essential resource for scholars.
After Genocide
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Author : Nicole Fox
language : en
Publisher: University of Wisconsin Pres
Release Date : 2021-07-27
After Genocide written by Nicole Fox and has been published by University of Wisconsin Pres this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-27 with HISTORY categories.
Nicole Fox investigates the ways memorials can shape the experiences of survivors decades after massacres have ended. She examines how memorializations can both heal and hurt, especially when they fail to represent all genders, ethnicities, and classes of those afflicted.
History Memory And Mass Atrocity
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Author : Dan Stone
language : en
Publisher:
Release Date : 2006
History Memory And Mass Atrocity written by Dan Stone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
The book's main theme is the interpretation of the Holocaust and genocide in historiography, philosophy and the contemporary culture of commemoration. Running through the essays is an attempt to understand the Holocaust's relationship to 'modernity'; the need to find ways of understanding genocide through apparently 'non-rational' forms of explanation (especially derived from anthropology); and the desirability of relating the Holocaust to other instances of genocide. The book investigates the ways in which individual thinkers (Malinowski, Arendt, Bataille, Perec, Ricoeur) can help us conceptualise the Holocaust, and also deals with many of the major themes of Holocaust and Genocide Studies in recent years: problems of handling testimony; problems of erecting monuments and museums; the representability of the Holocaust through texts, photographs, monuments and museums; the possibility of understanding why individuals take part in genocide; and the relationship of the Holocaust to colonial genocide. Contains previously inaccessible essays. The book is arranged into four sections: interpretations of the origins and nature of the Holocaust; studies of individual thinkers' responses to the Holocaust; questions of representation and commemoration; and understanding genocide.