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Vol 22 No 10 Oct/Nov 2017

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Legal Institutions and Collective Memories

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Edited by: Suzanne Karstedt

ISBN13: 9781841133270
Published: August 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £35.99
Hardback edition price on application, ISBN13 9781841133263



Low stock.

During recent decades the way that societies deal with their past has been a topic of constant and intensive debate amongst scholars, lawyers, politicians and ordinary people. Legal Institutions and Collective Memories situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meaning of the past. Owing its basic framework to 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 emerging from the search for truth, negotiations of the past and the art of forgetting, and demonstrate 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, including transitional trials as “monumental spectacles”, the restitution of property rights in Central and Eastern Europe and Australia, the repression and regaining of individual and collective memories of Korean comfort Women, the shaping of biographies through processes of lustration, and emergent public opinion on truth about the past and reconciliation in the future in South Africa. They explore the role of law and legal institutions in linking individual and collective memories. As a result, the collection offers a genuinely comparative approach.

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Subjects:
Jurisprudence
Contents:
Introduction: The Legacy of Maurice Halbwachs SUSANNE KARSTEDT
Part I: 'The Truth and Nothing but the Truth': Truth and Justice between the Past and the Present
1. Unspeakable Memories and Commensurable Laws STANLEY COHEN
2. An Emerging 'Right to Truth': Latin-American Contributions JUAN E MENDEZ
Part II: Divided Memories, Contested Truths, Silenced Voices
3. Reflections on Law and Memory EMILIOS CHRISTODOULIDIS AND SCOTT VEITCH
4. Divided Memories: How Emerging Democracies Deal with the Crimes of Previous Regimes HERIBERT ADAM
5. Common Past, Divided Truth: The Truth and Reconciliation Commission in South African Public Opinion GUNNAR THEISSEN
6. From Silence to Testimony: The Role of Legal Institutions in the Restoration of the Collective Memories of Korean 'Comfort Women' YOUNG-HEE SHIM
Part III: Law, Memory and the Politics of Culture and Identity
7. Negotiating the Past: Culture Industry and the Law HEINZ STEINERT
8. Australia's Sorry Judges: Nationalism and Collective Memory KATHY LASTER
9. Experienced Authenticity of Culture and Legal Liberties ARTHUR L STINCHCOMBE
Part IV: Creating and Restituting Rights after Abusive Regimes: Bridges between the Past and the Future
10. Constitutional Interpretation after Regimes of Horror KIM LANE SCHEPPELE
11. Paying for Past Injustices and Creating New Ones: On Property Rights Restitution in Poland as an Element
of the Unfinished Transformation GRAZ· YNA SKA?PSKA
Part V: The Stores of Memory: Files, Individual Biographies and Collective Memories
12. Biographies, Legal Cases and Political Transitions CAROL A HEIMER AND ARTHUR L STINCHCOMBE
13. Biographies and Résumés as Part of Life under Communist Rule in the Czech Republic JIR´ INA SIKLOVÁ
14. The 'Stasi Records', the Public and Collective Memories: The Inspection of Personal Records ROGER ENGELMANN
15. The Art of Forgetting: The Communist Police State as a Non-reality ANDRZEJ ZYBERTOWICZ
Part VI: Failing Memory: The Law and its Past
16. The Loss of Early Women Lawyers from Collective Memory in Germany: A Memoir of Magdalene Schoch KONSTANZE PLETT
17. Putting the Nazi Past Behind: Juvenile Justice and Germany's Changing Political Culture RUTH G HERZ

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