Contested Truths

The language of argument uses particular words with particular, sometimes shifting meanings, though time. It is true that politicians may act as though they are part of no particular ideological tradition, but history shows that they mainly use an understood meaning to enhance their actions.

Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today’s understandings. Was America at its founding predominantly individualistic or, in some important way, communal? Similarly, which understanding of rights was of greater centrality: the historical "rights of Englishmen" or abstract natural rights? And who enjoyed these rights, however understood? Everyone? Or only economically privileged and militarily responsible male heads of households? The contributors also consider how such concepts of rights have continued to shape and reshape the American experience of political liberty to this day. Beginning with the arresting transformation in the grounding of rights prompted by the American War of Independence, the volume moves through what the contributors describe as the "Founders’ Bill of Rights" to the "second" Bill of Rights that coincided with the Civil War, and ends with the language of rights erupting from the horrors of the Second World War and its aftermath in the Cold War. By asking what kind of nation the founding generation left us, or intended to leave us, the contributors are then able to compare that nation to the nation we have become. Most, if not all, of the essays demonstrate that the nature of rights in America has been anything but constant, and that the rights defended in the late eighteenth century stand at some distance from those celebrated today. Contributors:Akhil Reed Amar, Yale University * James H. Hutson, Library of Congress * Stephen Macedo, Princeton University * Richard Primus, University of Michigan * Jack N. Rakove, Stanford University * John Phillip Reid, New York University * Daniel T. Rodgers, Princeton University * A. Gregg Roeber, Pennsylvania State University * Barry Alan Shain, Colgate University * Rogers M. Smith, University of Pennsylvania * Leif Wenar, University of Sheffield * Gordon S. Wood, Brown University

Introduction: Legacy as Dialogue: Reflecting on the ICTY Experience / Carsten Stahn. - PART I OPENING REFLECTIONS. - 1 The Last Testament of the ICTY / Carmel Agius. - 2 Making Complementarity a Reality: The Experiences of the ICTY and IRMCT Office of the Prosecutor / Serge Brammertz. - 3 The ICTY and the Defence Legacy: The Association of Counsel Practising Before the ICTY / Colleen Rohan. - 4 The Moral Legacy of the ICTY, Miguel de Serpa Soares. - PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES. - 5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective / Carsten Stahn. - 6 Legacies in the Making at the ICTY / Viviane E. Dittrich. - 7 The Narrative Legacies of Exceptional Crime: The Prosecutor as a Peacebuilder / Simone Gigliotti and Amber Pierce. - 8 Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation / Mark Drumbl, - PART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND TRUTH. - 9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia / Marina Aksenova. - 10 A Partial View of History: ICTY Judgments as 'Judicial Truths' / Luigi Prosperi and Aldo Zammit Borda . - 11 Handle with Care: ICTY, Juridical By-products, and Criminological Analyses / Andy Aydin-Aitchiso. - PART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES. - 12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY / Kweku Vanderpuye and Christopher Mitchell, - 13 Whither Thou Truth and Justice: Witness Perceptions About their Contributions to the ICTY / Kimi Lynn King and James Meernik. - PART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH. - 14 Defence Investigative Ethics: Practical Lessons from the ICTY's Legacy for Counsel Practising in the Region / Michael G. Karnavas. - 15 Judgments and Judgment Drafting, / Thomas Wayde Pittman and Marko Divac Öberg. - 16 Muzzling the Press: When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond / Audrey Fino and Sandra Sahyouni. - 17 Translating and Interpreting at the ICTY: Lessons Learned / Ellen Elias-Bursać. - 18 Was it Worth it? A Look into the Results of the ICTY's Outreach Programme / Petar Finci. - 19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia / Adrian Plevin. - PART VI PUNISHMENT, SENTENCING, AND BEYOND. - 20 Punishing for Humanity: The Sentencing Legacy of the ICTY / Margaret M. deGuzman. - 21Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina / Barbora Holá. - 22 When Justice is Done: The ICTY and the Post-trial Phase / Joris van Wijk and Barbora Holá . - PART VII IMPACT ON DOMESTIC LEGAL SYSTEMS. - 23 Narratives of Justice and War in Croatia / Ivor Sokolić. - 24 The Legacy of the ICTY: The Three-tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success / Jennifer Trahan and Iva Vukušić. - 25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law / Tatjana Dawson and Ljiljana Hellman. - 26 'We Learnt that from The Hague': How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia / Kei Hannah Brodersen. - PART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS. - 27 The Peace versus Justice Debate Revisited: The ICTY's Impact on the Bosnian Peace Process / Jacqueline R. McAllister. - 28 Croatia's Homeland War, the Battles Over Victor's Justice, and the Legacy of the ICTY / Victor Peskin. - 29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina / Jovana Mihajlović Trbovc. - 30 The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field Study of Memories / Rosa Aloisi. - 31 The ICTY, Truth, and Reconciliation: A Meta Reconceptualization / Janine Natalya Clark.

Why do conflict-generated diasporas mobilize in contentious and non-contentious ways or use mixed strategies? This book develops a theory of socio-spatial positionality and its implications for the individual agency of diaspora entrepreneurs. A novel typology features four types of diaspora entrepreneurs—Broker, Local, Distant, and Reserved—depending on the relative strength of their socio-spatial linkages to host-land, original homeland, and other global locations. A two-level typological theory captures nine causal pathways unravelling how diaspora entrepreneurs operate in transnational social fields and interact with host-land foreign policies, homeland governments, parties, non-state actors, critical events, and limited global influences. Non-contention often occurs when diaspora entrepreneurs act autonomously and when host-state foreign policies converge with their goals. Dual-pronged contention is common under the influence of homeland governments, non-state actors, and political parties. The most contention occurs in response to violent events in the original homeland or adjacent to it fragile states. The book is informed by 300 interviews among the Albanian, Armenian, and Palestinian diasporas connected to de facto states, Kosovo, Nagorno-Karabakh, and Palestine respectively. Interviews were conducted in the UK, Germany, France, Netherlands, Sweden, Switzerland, Brussels in Belgium, as well as Kosovo and Armenia in the European neighbourhood.

Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of establishing a formal truth recovery process remains hotly contested. The strongest and most vocal opposition has been from unionist political elites, loyalist ex-combatants and members of the security forces. Based on empirical research, their opposition is unpicked and interrogated at length throughout this book. Critically exploring notions of national imagination and blamelessness, the politics of victimhood and the tension between traditions of sacrifice and the fear of betrayal, this book is the first substantive effort to concentrate on the opponents of truth recovery rather than its advocates. This book will interest those studying truth processes and transitional justice in the fields of Law, Politics, and Criminology.

Although historians frequently use memoirs as source material, too often they confine such usage to the anecdotal, and there is little methodological literature regarding the genre’s possibilities and limitations. This study articulates an approach to using memoirs as instruments of historical understanding. Jennifer Jensen Wallach applies these principles to a body of memoirs about life in the American South during Jim Crow segregation, including works by Zora Neale Hurston, Willie Morris, Lillian Smith, Henry Louis Gates Jr., William Alexander Percy, and Richard Wright. Wallach argues that the field of autobiography studies, which is currently dominated by literary critics, needs a new theoretical framework that allows historians, too, to benefit from the interpretation of life writing. Her most provocative claim is that, due to the aesthetic power of literary language, skilled creative writers are uniquely positioned to capture the complexities of another time and another place. Through techniques such as metaphor and irony, memoirists collectively give their readers an empathetic understanding of life during the era of segregation. Although these reminiscences bear certain similarities, it becomes clear that the South as it was remembered by each is hardly the same place.

For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949. Kim C. Priemel is Assistant Professor of History at Humboldt University Berlin, Germany. Alexa Stiller is Research Associate at the Department of Modern History and Contemporary History, University of Berne, Switzerland.

Creativity and Morality summarizes and integrates research on creativity used to achieve bad or immoral ends. The book includes the use of deception, novel ideas to commit wrongdoings across contexts, including in organizations, the classroom and terrorism. Morality is discussed from an individual perspective and relative to broader sociocultural norms that allow people to believe actions are justified. Chapters explore this research from an interdisciplinary perspective, including from psychology, philosophy, media studies, aesthetics and ethics. Summarizes research on creativity used for immoral purposes Identifies individual and sociocultural perspectives on morality Explores creativity in business, education, design and criminal behavior Includes research from psychology, philosophy, ethics, and more