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Legal Institutions and Collective Memories by Susanne Karstedt Pdf
In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that.
Legal Institutions and Collective Memories by Susanne Karstedt Pdf
In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory
Intersections of Law and Memory by Mirosław Michał Sadowski Pdf
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
Law and Memory by Uladzislau Belavusau,Aleksandra Gliszczyńska-Grabias Pdf
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.
Intersections of Law and Memory by Miroslaw Michal Sadowski Pdf
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
History, Memory, and the Law by Austin Sarat,Thomas R. Kearns Pdf
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.
Author : Joachim J. Savelsberg,Ryan D. King Publisher : Russell Sage Foundation Page : 265 pages File Size : 53,6 Mb Release : 2011-09-01 Category : Political Science ISBN : 9781610447492
American Memories by Joachim J. Savelsberg,Ryan D. King Pdf
In the long history of warfare and cultural and ethnic violence, the twentieth century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide. Despite this global trend toward accountability, American collective memory appears distinct in that it tends to glorify the nation’s past, celebrating triumphs while eliding darker episodes in its history. In American Memories, sociologists Joachim Savelsberg and Ryan King rigorously examine how the United States remembers its own and others’ atrocities and how institutional responses to such crimes, including trials and tribunals, may help shape memories and perhaps impede future violence. American Memories uses historical and media accounts, court records, and survey research to examine a number of atrocities from the nation’s past, including the massacres of civilians by U.S. military in My Lai, Vietnam, and Haditha, Iraq. The book shows that when states initiate responses to such violence—via criminal trials, tribunals, or reconciliation hearings—they lay important groundwork for how such atrocities are viewed in the future. Trials can serve to delegitimize violence—even by a nation’s military— by creating a public record of grave offenses. But the law is filtered by and must also compete with other institutions, such as the media and historical texts, in shaping American memory. Savelsberg and King show, for example, how the My Lai slayings of women, children, and elderly men by U.S. soldiers have been largely eliminated from or misrepresented in American textbooks, and the army’s reputation survived the episode untarnished. The American media nevertheless evoked the killings at My Lai in response to the murder of twenty-four civilian Iraqis in Haditha, during the war in Iraq. Since only one conviction was obtained for the My Lai massacre, and convictions for the killings in Haditha seem increasingly unlikely, Savelsberg and King argue that Haditha in the near past is now bound inextricably to My Lai in the distant past. With virtually no criminal convictions, and none of higher ranks for either massacre, both events will continue to be misrepresented in American memory. In contrast, the book examines American representations of atrocities committed by foreign powers during the Balkan wars, which entailed the prosecution of ranking military and political leaders. The authors analyze news accounts of the war’s events and show how articles based on diplomatic sources initially cast Serbian President Slobodan Milosevic in a less negative light, but court-based accounts increasingly portrayed Milosevic as a criminal, solidifying his image for the public record. American Memories provocatively suggests that a nation’s memories don’t just develop as a rejoinder to events—they are largely shaped by institutions. In the wake of atrocities, how a state responds has an enduring effect and provides a moral framework for whether and how we remember violent transgressions. Savelsberg and King deftly show that such responses can be instructive for how to deal with large-scale violence in the future, and hopefully how to deter it. A Volume in the American Sociological Association’s Rose Series in Sociology.
Collective Memory in International Relations by Kathrin Bachleitner Pdf
This book traces the influence of collective memory in International Relations (IR). It inquires where a country's memory first emerges and how it guides states through time in world politics, and locates the origins of national memory in political strategies within the internationalenvironment.The study then turns to the domestic landscape, where among a country's public, it finds memory to be the carrier of national identity over time. From there, however, the analysis reverts to the international here: in the medium term, collective memory begins to channel international statebehaviour, whereas, in the long run, it circumvents a country's normative horizons. In this book, collective memory is thus assumed to become manifest in world politics in four varying forms: as a country's political strategy, as its public identity, as underwriting its international statebehaviour, and finally, as a source for its national values. All four theorized manifestations of memory are tested in a comparative study of (West) Germany and Austria and the impact their diverse post-war interpretations of the Nazi legacy had on their international policies over time. With theillustrative help of the empirical cases, the book not only explores whether collective memory has an influence on political outcomes but how and why it matters for IR.
Indigenous Legal Traditions by Law Commission of Canada Pdf
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Cultural Memory Studies by Astrid Erll,Ansgar Nünning Pdf
This handbook represents the interdisciplinary and international field of “cultural memory studies” for the first time in one volume. Articles by renowned international scholars offer readers a unique overview of the key concepts of cultural memory studies. The handbook not only documents current research in an unprecedented way; it also serves as a forum for bringing together approaches from areas as varied as sociology, political sciences, history, theology, literary studies, media studies, philosophy, psychology, and neurosciences. “Cultural memory studies” – as defined in this handbook – came into being at the beginning of the 20th century, with the works of Maurice Halbwachs on mémoire collective. In the course of the last two decades this area of research has witnessed a veritable boom in various countries and disciplines. As a consequence, the study of the relation of “culture” and “memory” has diversified into a wide range of approaches. This handbook is based on a broad understanding of “cultural memory” as the interplay of present and past in sociocultural contexts. It presents concepts for the study of individual remembering in a social context, group and family memory, national memory, the various media of memory, and finally the host of emerging transnational lieux de mémoire such as 9/11.
Lethe's Law by Emilios Christodoulidis,Scott Veitch Pdf
This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past. Ranging from questions of criminal responsibility and amnesty to those of law's relation to time,memory, and the ethics of reconciliation, it is a sustained jurisprudential and philosophical analysis of one of the most important and pressing legal concerns of our time. Among its key concerns is that justice's demand on law has changed and, in the face of a divided and violent past, law is being called on to do the kind of work it ordinarily shuns. What this means for conventional understandings of law, as well as for the relation between law and politics in times of transition, is explored through a discussion of experiences from Eastern Europe and Germany, to South Africa, Israel, and Australia. The book thus provides a timely investigation of the nature of law and legal institutions in times of political and social change, and will appeal to a broad international audience including lawyers, political theorists, criminologists, and philosophers.
Power and the Past by Eric Langenbacher,Yossi Shain Pdf
Only recently have international relations scholars started to seriously examine the influence of collective memory on foreign policy formation and relations between states and peoples. The ways in which the memories of past events are interpreted, misinterpreted, or even manipulated in public discourse create the context that shapes international relations. Power and the Past brings together leading history and international relations scholars to provide a groundbreaking examination of the impact of collective memory. This timely study makes a contribution to developing a theory of memory and international relations and also examines specific cases of collective memory’s influence resulting from the legacies of World War II, the Holocaust, and September 11. Addressing concerns shared by world leaders and international institutions as well as scholars of international studies, this volume illustrates clearly how the memory of past events alters the ways countries interact in the present, how memory shapes public debate and policymaking, and how memory may aid or more frequently impede conflict resolution.
The Collective Memory Reader by Jeffrey K. Olick,Vered Vinitzky-Seroussi,Daniel Levy Pdf
In the last few decades, there are few concepts that have rivaled "collective memory" for attention in the humanities and social sciences. Indeed, use of the term has extended far beyond scholarship to the realm of politics and journalism, where it has appeared in speeches at the centers of power and on the front pages of the world's leading newspapers. Seen by scholars in numerous fields as a hallmark characteristic of our age, an idea crucial for understanding our present social, political, and cultural conditions, collective memory now guides inquiries into diverse, though connected, phenomena. Nevertheless, there remains a great deal of confusion about the meaning, origin, and implication of the term and the field of inquiry it underwrites. The Collective Memory Reader presents, organizes, and evaluates past work and contemporary contributions on collective memory. Combining seminal texts, hard-to-find classics, previously untranslated references, and contemporary landmarks, it will serve as a key reference in the field. In addition to a thorough introduction, which outlines a useful past for contemporary memory studies, The Collective Memory Reader includes five sections-Precursors and Classics; History, Memory, and Identity; Power, Politics, and Contestation; Media and Modes of Transmission; Memory, Justice, and the Contemporary Epoch-comprising ninety-one texts. A short editorial essay introduces each of the sections, while brief capsules frame each of the selected texts. An indispensable guide, The Collective Memory Reader is at once a definitive entry point into the field for students and an essential resource for scholars.
Performing the Past by Karin Tilmans,Frank van Vree,J. M. Winter Pdf
Karin Tilmans is an historian, and academic coordinator of the Max Weber Programme at the European University Institute, Florence. Frank van Vree is an historian and professor of journalism at the University of Amsterdam. Jay M. Winter is the Charles J. Stille Professor of History at Yale. --
Human Rights and Memory by Daniel Levy,Natan Sznaider Pdf
"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.
