Contemporary History On Trial
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Author | : Harriet Jones |
Publisher | : Manchester University Press |
Total Pages | : 217 |
Release | : 2024-07-30 |
Genre | : History |
ISBN | : 1526185997 |
Is it right for historians to serve as 'expert witnesses' to past events? Since the end of the Cold War, a series of heated and politicised debates across Europe have questioned the 'truth' about painful episodes in the twentieth century. From the Holocaust to Srebrenica, inquiries and fact-finding commissions have become a common device employed by governments to deal with the pressure of public opinion. State-sponsored programmes of education and research attempt to encourage a common moral understanding of the lessons we learn from these painful memories. Contemporary historians have increasingly been drawn into these efforts since 1989 – in the courtroom, in the media, on commissions, as advisers. In a series of thoughtful essays, written by leading historians from across Europe, this volume considers the ethics and responsibilities that this new role entails. For anyone concerned with the role of the historian in contemporary society and how we arrive at a public understanding of history, this book is essential reading.
Author | : Deborah E. Lipstadt |
Publisher | : Harper Collins |
Total Pages | : 402 |
Release | : 2006-04-04 |
Genre | : History |
ISBN | : 0060593776 |
In her acclaimed 1993 book Denying the Holocaust, Deborah Lipstadt called putative WWII historian David Irving "one of the most dangerous spokespersons for Holocaust denial." A prolific author of books on Nazi Germany who has claimed that more people died in Ted Kennedy's car at Chappaquiddick than in the gas chambers at Auschwitz, Irving responded by filing a libel lawsuit in the United Kingdom -- where the burden of proof lies on the defendant, not on the plaintiff. At stake were not only the reputations of two historians but the record of history itself.
Author | : Gary B. Nash |
Publisher | : Vintage |
Total Pages | : 350 |
Release | : 2000 |
Genre | : Education |
ISBN | : 0679767509 |
An incisive overview of the current debate over the teaching of history in American schools examines the setting of controversial standards for history education, the integration of multiculturalism and minorities into the curriculum, and ways to make history more relevant to students. Reprint.
Author | : Harriet Jones |
Publisher | : |
Total Pages | : 232 |
Release | : 2007 |
Genre | : History |
ISBN | : |
Since the end of the Cold War, a series of heated and politicized debates across Europe have questioned the "truth" about painful episodes in the twentieth century. From the Holocaust to Srebrenica, inquiries and fact-finding commissions have become a common device employed by governments to deal with the pressure of public opinion. State sponsored programs of education and research attempt to encourage a common moral understanding of the lessons we learn from these painful memories. Contemporary historians have increasingly been drawn into these efforts since 1989 - in the courtroom, in the media, on commissions, as advisers.
Author | : Paul Nolette |
Publisher | : University Press of Kansas |
Total Pages | : 296 |
Release | : 2015-02-23 |
Genre | : Political Science |
ISBN | : 0700620893 |
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
Author | : Sadakat Kadri |
Publisher | : Random House |
Total Pages | : 465 |
Release | : 2007-12-18 |
Genre | : Law |
ISBN | : 030743270X |
For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
Author | : Leor Halevi |
Publisher | : |
Total Pages | : 384 |
Release | : 2020-12-15 |
Genre | : |
ISBN | : 9780231188678 |
Leor Halevi tells the story of the Islamic trials of technological and commercial innovations of the late nineteenth and early twentieth centuries. Shedding light on culture, commerce, and consumption in Cairo and other colonial cities, Modern Things on Trial is a groundbreaking account of Islam's material transformation in a globalizing era.
Author | : John H. Langbein |
Publisher | : Oxford University Press, USA |
Total Pages | : 378 |
Release | : 2003 |
Genre | : Law |
ISBN | : 0199258880 |
The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Author | : Katherine Turk |
Publisher | : University of Pennsylvania Press |
Total Pages | : 296 |
Release | : 2016-06 |
Genre | : Business & Economics |
ISBN | : 0812248201 |
In 1964, Title VII of the Civil Rights Act outlawed workplace sex discrimination, but its practical meaning was uncertain. Equality on Trial examines how a generation of workers and feminists fought to infuse the law with broad notions of sex equality, reshaping workplaces, activist channels, state agencies, and courts along the way.
Author | : the late Bernard Schwartz |
Publisher | : Oxford University Press |
Total Pages | : 477 |
Release | : 1995-02-23 |
Genre | : Law |
ISBN | : 0199840555 |
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.