Law and the Politics of Memory: Confronting the Past examines law’s role as a tool of memory politics in the efforts of contemporary societies to work through the traumas of their past. Using the examples of French colonialism and Vichy, as well as addressing the politics of memory surrounding the Holocaust, communism and colonialism, this book provides a critical exploration of law’s role in ‘belated’ transitional justice contexts. The book examines how and why law has become so central in processes in which the past is constituted as a series of injustices that need to be rectified and can allegedly be repaired. As such, it explores different legal modalities in processes of working through the past; addressing the implications of regulating history and memory through legal categories and legislative acts, whilst exploring how trials, restitution cases, and memory laws manage to fulfil such varied expectations as clarifying truth, rendering homage to memory and reconciling societies. Legal scholars, historians and political scientists, especially those working with transitional justice, history and memory politics in particular, will find this book a stimulating exploration of the specificity of law as an instrument and forum of the politics of memory.

Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present.

One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.

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.

More than sixty million people have been victims of genocide in the twentieth century alone, including recent casualties in Bosnia and Rwanda. Herbert Hirsch studies repetitions of large-scale human violence in order to ascertain why people in every historical epoch seem so willing to kill each other. He argues that the primal passions unleashed in the cause of genocide are tied to the manipulation of memory for political purposes. According to Hirsch, leaders often invoke or create memories of real or fictitious past injustices to motivate their followers to kill for political gain or other reasons. Generations pass on their particular versions of events, which then become history. If we understand how cultural memory is created, Hirsch says, we may then begin to understand how and why episodes of mass murder occur and will be able to act to prevent them. In order to revise the politics of memory, Hirsch proposes essential reforms in both the modern political state and in systems of education.

Is the Armenian Genocide a strictly historical matter? If that is the case, why is it still a topical issue, capable of causing diplomatic rows and heated debates? The short answer would be that the century old Armenian Genocide is much more than a historical question. It emerged as a political dilemma on the international arena at the San Stefano peace conference in 1878 and has remained as such into our days. The disparity between knowledge and acknowledgement, mainly ascribable to Turkey’s official denial of the genocide, has only heightened the politicization of the Armenian question. Thus, the memories of the WWI era refuse to be relegated to the pages of history but are rather perceived as a vivid presence. This is the result of the perpetual process of politics of memory. The politics of memory is an intricate and interdisciplinary negotiation, engaging many different actors in the society who have access to a wide range of resources and measures in order to achieve their goals. By following the Armenian question during the past century up to its Centennial Commemoration in 2015, this study aims to explain why and how the politics of memory of the Armenian Genocide has kept it as a topical issue in our days.

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.

Memory, Trauma and World Politics focuses on the effect that the memory of traumatic episodes (especially war and genocide) has on shaping contemporary political identities. Theoretically sophisticated and empirically rich, this book is an incisive treatment of the ways in which the study of social memory can inform global politics analysis.

This is a unique guide to one of the most exciting develpments within contemporary jurisprudence. It systematically applies a critical philosophy to the substance of common law, overviewing its politics and cultural significance.

Essays in Memory of Jan-Georg Deutsch The volume observes some of the principles that drove Prof. Jan-Georg Deutsch's research: highlighting present-day politics for the way they shape historical remembrance, learning from people on the ground through fieldwork and oral history, and bringing various parts of the African continent into discussion with one another. From Cape Town to Charlottesville, many societies are grappling with historical consciousness and the production of public memory. In particular, how and why societies remember and forget, what should serve as symbols of collective memory, and whether there exists space for multiple memory cultures are questions being vigorously debated once again. These discussions present particular challenges not only to official memory bound to ideological constructions of nationhood but also to the teaching of history and its links to social justice movements. The volume re-centres Africa and African history in memory studies, with each chapter drawing parallels to comparable cases in Africa and the world. An underlying assumption is that what can be learned from the politics of historical memory in Africa will have relevance for contemporary politics globally and for understanding how memories can be mobilised for political ends.