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A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
Binaifer Nowrojee and Regan Ralph.
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.
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
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.
Exploring the concepts of collaboration, resistance, and postwar retribution and focusing on the Chetnik movement, this book analyses the politics of memory. Since the overthrow of Slobodan Milosevic in 2000, memory politics in Serbia has undergone drastic changes in the way in which the Second World War and its aftermath is understood and interpreted. The glorification and romanticisation of the Yugoslav Army in the Homeland, more commonly referred to as the Chetnik movement, has become the central theme of Serbia's memory politics during this period. The book traces their construction as a national antifascist movement equal to the communist-led Partisans and as victims of communism, showing the parallel justification and denial of their wartime activities of collaboration and mass atrocities. The multifaceted approach of this book combines a diachronic perspective that illuminates the continuities and ruptures of narratives, actors and practices, with in-depth analysis of contemporary Serbia, rooted in ethnographic fieldwork and exploring multiple levels of memory work and their interactions. It will appeal to students and academics working on contemporary history of the region, memory studies, sociology, public history, transitional justice, human rights and Southeast and East European Studies.
The Landscape of Historical Memory explores the place of museums and memorial culture in the contestation over historical memory in post–martial law Taiwan. The book is particularly oriented toward the role of politics—especially political parties—in the establishment, administration, architectural design, and historical narratives of museums. It is framed around the wrangling between the “blue camp” (the Nationalist Party, or KMT, and its supporters) and the “green camp” (Democratic Progressive Party, or DPP, and its supporters) over what facets of the past should be remembered and how they should be displayed in museums. Organized into chapters focused on particular types of museums and memorial spaces (such as archaeology museums, history museums, martyrs’ shrines, war museums, memorial halls, literature museums, ethnology museums, and ecomuseums), the book presents a broad overview of the state of museums in Taiwan in the past three decades. The case of Taiwan museums tells us much about Cold War politics and its legacy in East Asia; the role of culture, history, and memory in shaping identities in the “postcolonial” landscape of Taiwan; the politics of historical memory in an emergent democracy, especially in counterpoint to the politics of museums in the People’s Republic of China, which continues to be an authoritarian single party state; and the place of museums in a neoliberal economic climate. “This book offers unique insight into the configurations of international museum culture as manifested in the sociopolitical landscape of post–martial law Taiwan. Using case studies filled with telling details, Denton analyzes how museums both reflect and initiate cultural change. This work adds substantially to Taiwan studies and museology, with in-depth scholarship and innovative observations presented in a clear and compelling narrative.” —Joseph R. Allen, University of Minnesota, Twin Cities “This is a fascinating and meticulously researched survey of Taiwan’s museums. Denton has produced a book that is both scholarly and highly readable. It will appeal to a wide readership, encompassing social scientists specializing in Taiwan, students of Chinese or East Asian studies, observers of Taiwanese politics and the local cultural scene, and others besides.” —Edward Vickers, Kyushu University
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.
This volume of essays and interviews by Polish, British, and American academics and journalists provides an overview of current Polish politics for both informed and non-specialist readers. The essays consider why and how PiS, Law and Justice, the party of Jarosław Kaczynski, returned to power, and the why and how of its policies while in power. They help to make sense of how “history” plays a key role in Polish public life and politics. The descriptions of PiS in Western media tend to rework old stereotypes about Eastern Europe that had lain dormant for some time. The book addresses the underlying question whether PiS was simply successful in understanding its electorate, and just helped Poland to revert to its normal state. This new Normal seems quite similar to the old one: insular, conservative, xenophobic, and statist. The book looks at the current struggle between one ‘Poland’ and another; between a Western-looking Poland and an inward-looking Poland, the former more interested in opening to the world, competing in open markets, and working within the EU, and the latter more concerned with holding onto tradition. The question of illiberalism has gone from an ‘Eastern’ problem (Russia, Turkey, Hungary, etc.) to a global one (Brexit and the U.S. elections). This makes the very specific analysis of Poland’s illiberalism applicable on a broader scale.
"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.