Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance. The book is divided into three parts featuring an impressive range of European and American case studies. The first part provides a theoretical framework on the issues which arise when history and law interact. The second part gives a comparative overview of European and American examples of forensic history. This part also reviews U.S. legal rules and case law on expert evidence, as well as extralegal challenges historians face as experts. The third part covers a series of tobacco-related trials. With remunerations as high as hundreds of thousands of dollars and no peer-reviewed publications or communication on the part of the historians hired by the tobacco companies the question arises whether some historians are willing to trade their reputation and that of their university for the benefit of an interested party. The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert’s involvement, and West Law references to these cases. This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective. In this way, Delafontaine makes a stirring call for debate on the contemporary engagement of historians as expert judicial witnesses in U.S. tobacco litigation.

The past decades public interest in history is booming. This creates new opportunities but also challenges for professional historians. This book asks how historians deal with changing public demands for history and how these affect their professional practices, values and identities. The volume offers a great variety of detailed studies of cases where historians have applied their expertise outside the academic sphere. With contributions focusing on Latin America, Africa, Asia, the Pacific and Europe the book has a broad geographical scope. Subdivided in five sections, the book starts with a critical look back on some historians who broke with mainstream academic positions by combining their professional activities with an explicit political partisanship or social engagement. The second section focusses on the challenges historians are confronted with when entering the court room or more generally exposing their expertise to legal frameworks. The third section focuses on the effects of policy driven demands as well as direct political interventions and regulations on the historical profession. A fourth section looks at the challenges and opportunities related to the rise of new digital media. Finally several authors offer their view on normative standards that may help to better respond to new demands and to define role models for publicly engaged historians. This book aims at historians and other academics interested in public uses of history.

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.

This book scrutinizes the emergence of historians participating as expert witnesses in historical forensic contribution in some of the most important national and international legal ventures of the last century. It aims to advance the debate from discussions on whether historians should testify or not toward nuanced understanding of the history of the practice and making the best out of its performance in the future.

This handbook provides the first systematic integrated analysis of the role that states or state actors play in the construction of history and public memory after 1945. The book focuses on many different forms of state-sponsored history, including memory laws, monuments and memorials, state-archives, science policies, history in schools, truth commissions, historical expert commissions, the use of history in courts and tribunals etc. The handbook contributes to the study of history and public memory by combining elements of state-focused research in separate fields of study. By looking at the state’s memorialising capacities the book introduces an analytical perspective that is not often found in classical studies of the state. The handbook has a broad geographical focus and analyses cases from different regions around the world. The volume mainly tackles democratic contexts, although dictatorial regimes are not excluded.

The second edition of Public History: A Textbook of Practice offers an updated guide to the many opportunities and challenges that public history practitioners can encounter in the field. Historians can play a dynamic and essential role in contributing to public understanding of the past, and those who work in historic preservation, in museums and archives, in government agencies, as consultants, as oral historians, or who manage crowdsourcing projects need very specific skills. This book links theory and practice and provides students and practitioners with the tools to do public history in a wide range of settings. This new edition reflects how much the field of public history has changed in the past few years, with public history now being more established and international. New chapters have therefore been added on the definition, history, and international scope of public history, as well as on specific practices and theories such as historical fictions, digital public history, and shared authority. Split into four sections, this textbook provides approaches, methodologies, and tools for historians and other public history practitioners to play a bigger role in public debates and public productions of historical interpretations: Part I focuses on the past, present, and future of public history. Part II explores public history sources, and offers an overview of the creation, collection, management, and preservation of materials (archives, material culture, oral history, or historical sites). Part III deals with the different ways in which public history practitioners can produce historical narratives through different media (including texts, fictions, audio-visual productions, exhibitions, and performances). Part IV discusses the opportunities and challenges that public history practitioners encounter when working with different collaborators. Whether in public history methods courses or as a resource for practicing public historians, this book lays the groundwork for making meaningful connections between historical sources and popular audiences.

Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

This book takes a case study approach to explore the crisis of legitimacy in American political culture. The question of legitimacy resides at the heart of any political system. However, understanding why an individual should recognize another’s power over them is not solely limited to the analytically political but is deeply embedded in the larger cultural context of any society. Through a series of ethnographic case studies focused on the United States – from those involving the rhetoric of presidential prophecy and abuse of power to the dispute over a local sewerage authority’s reach and a case of classroom blasphemy – the book aims to demonstrate both a ground-up approach to the problem of legitimacy and to capture some of the common cultural features that bond the examples together. The book will, therefore, be of interest to scholars of anthropology, sociology, political science, and socio-legal studies.

Woodrow Wilson, a practicing academic historian before he took to politics, defined the importance of history: "A nation which does not know what it was yesterday, does not know what it is today." He, like many men of his generation, wanted to impose a version of America's founding identity: it was a land of the free and a home of the brave. But not the braves. Or the slaves. Or the disenfranchised women. So the history of Wilson's generation omitted a significant proportion of the population in favor of a perspective that was predominantly white, male and Protestant. That flaw would become a fissure and eventually a schism. A new history arose which, written in part by radicals and liberals, had little use for the noble and the heroic, and that rankled many who wanted a celebratory rather than a critical history. To this combustible mixture of elements was added the flame of public debate. History in the 1990s was a minefield of competing passions, political views and prejudices. It was dangerous ground, and, at the end of the decade, four of the nation's most respected and popular historians were almost destroyed by it: Michael Bellesiles, Doris Kearns Goodwin, Stephen Ambrose and Joseph Ellis. This is their story, set against the wider narrative of the writing of America's history. It may be, as Flaubert put it, that "Our ignorance of history makes us libel our own times." To which he could have added: falsify, plagiarize and politicize, because that's the other story of America's history.