Legal Institutions And Collective Memories

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.

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.

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.

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

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.

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.

In this far-ranging and erudite exploration of the South Asian past, Sumit Guha discusses the shaping of social and historical memory in world-historical context. He presents memory as the result of both remembering and forgetting and of the preservation, recovery, and decay of records. By describing how these processes work through sociopolitical organizations, Guha delineates the historiographic legacy acquired by the British in colonial India; the creation of the centralized educational system and mass production of textbooks that led to unification of historical discourses under colonial auspices; and the divergence of these discourses in the twentieth century under the impact of nationalism and decolonization. Guha brings together sources from a range of languages and regions to provide the first intellectual history of the ways in which socially recognized historical memory has been made across the subcontinent. This thoughtful study contributes to debates beyond the field of history that complicate the understanding of objectivity and documentation in a seemingly post-truth world.

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.