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Memory Laws and Historical Justice

Author: Elazar Barkan

Publisher: Springer Nature

Published: 2022-09-30

Total Pages: 336

ISBN-13: 3030949141

This book examines state efforts to shape the public memory of past atrocities in the service of nationalist politics. This political engagement with the 'duty to remember', and the question of historical memory and identity politics, began as an effort to confront denialism with regard to the Holocaust, but now extends well beyond that framework, and has become a contentious subject in many countries. In exploring the politics of memory laws, a topic that has been overlooked in the largely legal analyses surrounding this phenomenon, this volume traces the spread of memory laws from their origins in Western Europe to their adoption by countries around the world. The work illustrates how memory laws have become a widespread tool of governments with a nationalist, majoritarian outlook. Indeed, as this volume illustrates, in countries that move from pluralism to majoritarianism, memory laws serve as a warning – a precursor to increasingly repressive, nationalist inclinations.

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.

Memory and Punishment

Author: Emanuela Fronza

Publisher: Springer

Published: 2018-02-27

Total Pages: 217

ISBN-13: 9462652341

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This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

Historical Justice and Memory

Author: Klaus Neumann

Publisher: University of Wisconsin Pres

Published: 2015-07-28

Total Pages: 271

ISBN-13: 0299304647

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Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.

Human Rights and Memory

Author: Daniel Levy

Publisher: Penn State Press

Published: 2010

Total Pages: 188

ISBN-13: 0271037385

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"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.

Law and the Politics of Memory

Author: Stiina Löytömäki

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9780203798720

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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.

Law and the Politics of Memory

Author: Stiina Loytomaki

Publisher: Routledge

Published: 2014-06-05

Total Pages: 193

ISBN-13: 113600744X

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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.

Historical Memory in Africa

Author: Mamadou Diawara

Publisher: Berghahn Books

Published: 2010

Total Pages: 258

ISBN-13: 9781845456528

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A vast amount of literature--both scholarly and popular--now exists on the subject of historical memory, but there is remarkably little available that is written from an African perspective. This volume explores the inner dynamics of memory in all its variations, from its most destructive and divisive impact to its remarkable potential to heal and reconcile. It addresses issues on both the conceptual and the pragmatic level and its theoretical observations and reflections are informed by first-hand experiences and comparative reflections from a German, Indian, and Korean perspective. A new insight is the importance of the future dimension of memory and hence the need to develop the ability to 'remember with the future in mind'. Historical memory in an African context provides a rich kaleidoscope of the diverse experiences and perspectives--and yet there are recurring themes and similar conclusions, connecting it to a global dialogue to which it has much to contribute, but from which it also has much to receive.