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This collection explores the stakes, risks and opportunities invoked in opening and exploring law’s archive and re-examining law’s evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law’s work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law’s evidence. Within socio-legal discourse, the move towards ‘open justice’ has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.
This book investigates what happens to criminal evidence after the conclusion of legal proceedings. In its 'afterlife', criminal evidence continues to proliferate in cultural contexts; often arousing the interest of journalists, scholars, curators, writers or artists.
An exploration of exaggerated cases of conspiracy theories which helps to reveal why traditional modes of argument fail against unwarranted, unsound, or untrue evidence.
This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice.
In this new edition of Probability and Evidence, first published in 1972, one of the foremost analytical philosophers of the twentieth century addresses central questions in epistemology and the philosophy of science. Based on Ayer's influential Dewey Lectures of 1970, Probability and Evidence contains revised versions of the lectures and two additional essays. This new edition includes Graham Macdonald's extensive introduction explaining the book's importance and influence in contemporary philosophy.
Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Firmly rooted in current professional debate and scholarship, Archival Futures offers thought provoking and accessible chapters that aim to challenge and inspire archivists globally and to encourage debate about their futures.
Introduction: visuality and the archive -- Before the archive: East End discourse out of context -- Archive models: Maria Polack's Fiction without romance transformed -- The noisy archive: A.S. Lyon's East End diaries -- An archive of lies: evidence and the Jews' Orphan Asylum investigations -- Conclusion: strangers in the archive.
Examines the historical reliability of the portrait of Jesus in the Gospels and surveys the findings of New Testament scholarship