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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.
A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
"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.
This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
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.
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak
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.
"Whatever Happened to Justice?" shows what's gone wrong with America's legal system and economy and how to fix it. It also contains lots of helpful hints for improving family relationships and for making families and classrooms run more smoothly. Discusses the difference between higher law and man-made law, and the connection between rational law and economic prosperity.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
This text introduces students, scholars, and interested educated readers to the issues of human memory broadly considered, encompassing both individual memory, collective remembering by societies, and the construction of history. The book is organised around several major questions: How do memories construct our past? How do we build shared collective memories? How does memory shape history? This volume presents a special perspective, emphasising the role of memory processes in the construction of self-identity, of shared cultural norms and concepts, and of historical awareness. Although the results are fairly new and the techniques suitably modern, the vision itself is of course related to the work of such precursors as Frederic Bartlett and Aleksandr Luria, who in very different ways represent the starting point of a serious psychology of human culture.