Injustice, Memory and Faith in Human Rights

Injustice, Memory and Faith in Human Rights
Author: Kalliopi Chainoglou
Publisher: Routledge
Total Pages: 236
Release: 2017-07-20
Genre: Law
ISBN: 1317116615

This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.

Intersections of Law and Memory

Intersections of Law and Memory
Author: Mirosław Michał Sadowski
Publisher: Taylor & Francis
Total Pages: 327
Release: 2024-03-12
Genre: Law
ISBN: 1040001025

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 Right to Memory

The Right to Memory
Author: Noam Tirosh
Publisher: Berghahn Books
Total Pages: 178
Release: 2023-02-10
Genre: History
ISBN: 1800738587

The field of memory studies has typically focused on everyday memory and commemoration practices through which we construct meaning and identities. The Right to Memory looks beyond these everyday practices, focusing instead on how memory relates to human rights and socio-legal constructs in order to legitimize and protect groups and individuals. With case studies including Polish Holocaust Law, the Indian origins of Amartya Sen’s capability theory approach, and the right to memory through digital technologies in Brazilian and British museums, this collected volume seeks to establish the right to memory as a foundational topic in memory studies.

Culture and Human Rights: The Wroclaw Commentaries

Culture and Human Rights: The Wroclaw Commentaries
Author: Andreas J. Wiesand
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 772
Release: 2016-11-07
Genre: Political Science
ISBN: 3110432366

The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.

Memory and Punishment

Memory and Punishment
Author: Emanuela Fronza
Publisher: Springer
Total Pages: 246
Release: 2018-02-27
Genre: Law
ISBN: 9462652341

This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

The Penitent State

The Penitent State
Author: Paul Muldoon
Publisher: Oxford University Press
Total Pages: 337
Release: 2023-10-02
Genre: Philosophy
ISBN: 0198831625

This book asks a deceptively simple question: what are states actually doing when they do penance for past injustices? Why are these penitential gestures - especially the gesture of apology - becoming so ubiquitous and what implications do they carry for the way power is exercised? Drawing on the work of Schmitt, Foucault and Agamben, the book argues that there is more at stake in sovereign acts of repentance and redress than either the recognition of the victims or the legitimacy of the state. Driven, it suggests, by an interest in 'healing', such acts testify to a new biopolitical raison d'état in which the management of trauma emerges as a critical expression of attempts to regulate the life of the population. The Penitent State seeks to show that the key issue created by the 'age of apology' is not whether sovereign acts of repentance and redress are sincere or insincere, but whether the political measures licensed in the name of healing deserve to be regarded as either restorative or just.

The Palgrave Handbook of Global Counterterrorism Policy

The Palgrave Handbook of Global Counterterrorism Policy
Author: Scott Nicholas Romaniuk
Publisher: Springer
Total Pages: 1084
Release: 2017-07-26
Genre: Political Science
ISBN: 1137557699

The Palgrave Handbook of Global Counterterrorism Policy examines a comprehensive range of counterterrorism policies, strategies, and practices across dozens of states and actors around the world. It covers the topics of terrorism and counterterrorism both thematically and by region, allowing for discussions about the underpinning dynamics of these fields, consideration of how terrorism and counterterrorism are evolving in the modern period, and in-depth analyses of individual states and non-state actors, and their approaches to countering terrorism and terrorist threats. It draws upon a multidisciplinary range of established scholars and upcoming new researchers from across multiple fields including political science and international relations, sociology, and history, examining both theory and practice in their respective chapters. This volume is an essential resource for scholars and practitioners alike.

Hybridity: Law, Culture and Development

Hybridity: Law, Culture and Development
Author: Nicolas Lemay-Hebert
Publisher: Routledge
Total Pages: 495
Release: 2017-02-17
Genre: Law
ISBN: 1317202899

This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other.

Human Rights and the Catholic Tradition

Human Rights and the Catholic Tradition
Author: Donald Dietrich
Publisher: Routledge
Total Pages: 256
Release: 2017-07-28
Genre: Political Science
ISBN: 1351514326

From the French Revolution to Vatican II, the institutional Catholic Church has opposed much that modernity has offered men and women constructing their societies. This book focuses on the experiences of German Catholics as they have worked to engage their faith with their culture in the midst of the two world wars, the barbarism of the Nazi era, and the uncertainties and conflicts of the post-World War II world.German Catholics have confronted and challenged their Church's anti-modernism, two lost wars, the Weimar Republic, the Nazi Third Reich, the Cold War, German reunification and the impulses of globalization. Catholic theologians and those others nurtured by Catholicism, who resisted Nazism to create their own private spaces, developed a personal and existential theology that bore fruit after 1945. Such theologians as Karl Rahner, Johannes Metz, and Walter Kasper, were rooted in their political experiences and in the renewal movement built by those who attended Vatican II. These theologians were sensitive to the horrors of the Nazi brutalization, the positive contributions of democracy, and the need to create a Catholicism that could join the conversation on human rights following World War II. This dialogue meant accepting non-Catholic religious traditions as authentic expressions of faith, which in turn required that the sacred dignity of every man, woman, and child had to be respected. By the twenty-first century, Catholic theologians had made furthering a human rights agenda part of their tradition, and the German contribution to Catholic theology was crucial to that development. The current Catholic milieu has been forged through its defensive responses to the Enlightenment, through its resistance to ideologies that have supported sanctioned murder, and through an extensive dialogue with its own traditions.In focusing on the German Catholic experience, Dietrich offers a cultural approach to the study of the religious and ethical issues that ground the hum

Ranciere and Law

Ranciere and Law
Author: Monica Lopez Lerma
Publisher: Routledge
Total Pages: 326
Release: 2017-11-06
Genre: Law
ISBN: 1317355482

This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.