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Memory and Law

Author: Lynn Nadel

Publisher: Oxford University Press

Published: 2012-08-02

Total Pages: 409

ISBN-13: 0199920753

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

Author: Uladzislau Belavusau

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 461

ISBN-13: 110718875X

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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.

Memory Laws, Memory Wars

Author: Nikolay Koposov

Publisher: Cambridge University Press

Published: 2017-10-12

Total Pages: 339

ISBN-13: 1108419720

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A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.

History, Memory, and the Law

Author: Austin Sarat

Publisher: University of Michigan Press

Published: 2009-11-10

Total Pages: 346

ISBN-13: 9780472023646

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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 and the Politics of Memory

Author: Stiina Loytomaki

Publisher: Routledge

Published: 2014-06-05

Total Pages: 171

ISBN-13: 1136007369

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Law and the Politics of Memory: Confronting the Past examines law’s role as a tool of memory politics in the efforts of contemporary societies to work through the traumas of their past. Using the examples of French colonialism and Vichy, as well as addressing the politics of memory surrounding the Holocaust, communism and colonialism, this book provides a critical exploration of law’s role in ‘belated’ transitional justice contexts. The book examines how and why law has become so central in processes in which the past is constituted as a series of injustices that need to be rectified and can allegedly be repaired. As such, it explores different legal modalities in processes of working through the past; addressing the implications of regulating history and memory through legal categories and legislative acts, whilst exploring how trials, restitution cases, and memory laws manage to fulfil such varied expectations as clarifying truth, rendering homage to memory and reconciling societies. Legal scholars, historians and political scientists, especially those working with transitional justice, history and memory politics in particular, will find this book a stimulating exploration of the specificity of law as an instrument and forum of the politics of memory.

Memory, Trauma Treatment, and the Law

Author: Daniel P. Brown

Publisher: W W Norton & Company Incorporated

Published: 1998

Total Pages: 786

ISBN-13: 9780393702545

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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.

Law, Memory, Violence

Author: Stewart Motha

Publisher: Routledge

Published: 2016-02-22

Total Pages: 254

ISBN-13: 1317569210

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The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

The Oxford Handbook of Law and Humanities

Author: Simon Stern

Publisher: Oxford University Press, USA

Published: 2020-01-16

Total Pages: 921

ISBN-13: 0190695625

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How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

Mass Atrocity, Collective Memory, and the Law

Author: Mark Osiel

Publisher: Transaction Publishers

Published: 1999-09-01

Total Pages: 334

ISBN-13: 9781412828178

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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.

Law and Neuroscience

Author: Owen D. Jones

Publisher: Aspen Publishing

Published: 2022-10-27

Total Pages: 1004

ISBN-13: 1543823319

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The implications for law of new neuroscientific techniques and findings are now among the hottest topics in legal, academic, and media venues. Law and Neuroscience—a collaboration of professors in law, neuroscience, and biology—is the first and still only coursebook to chart this new territory, providing the world’s most comprehensive collection of neurolaw materials. This text will be of interest to many professors teaching Criminal Law and Torts courses, who would like to incorporate the most current thinking on how biology intersects with the law. New to the Second Edition: Extensively revised chapters, updated with new findings and materials. New chapter on Aging Brains Hundreds of new references and citations to recent developments. Over 600 new references and citations to recent developments, with 260 new readings, including 27 new case selections Highly current material; 45% of cases and publications in the Second Edition were published since the first edition in 2014 Professors and students will benefit from: Technical subjects explained in an accessible manner Extensive glossary of key terms Photos and illustrations enliven the text Professors of any background can teach this course