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The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
Book Synopsis Law, Memory, Violence by : Stewart Motha
Download or read book Law, Memory, Violence written by Stewart Motha and published by Routledge. This book was released on 2016-02-22 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
Book Synopsis Law, Memory, Violence by : Stewart Motha
Download or read book Law, Memory, Violence written by Stewart Motha and published by Routledge. This book was released on 2016-02-22 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
Book Synopsis Breaking the Cycles of Hatred by : Martha Minow
Download or read book Breaking the Cycles of Hatred written by Martha Minow and published by Princeton University Press. This book was released on 2009-01-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
Essential writings of the leading scholar of law and violence
Book Synopsis Narrative, Violence, and the Law by : Robert M. Cover
Download or read book Narrative, Violence, and the Law written by Robert M. Cover and published by University of Michigan Press. This book was released on 1992 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential writings of the leading scholar of law and violence
How do memory and remembrance relate to the specific mode of transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law. While the primary focus is a philosophical one, authors also engage in incisive analyses of historical, political and/or legal developments in their chosen countries. Examples of these include South Africa, Colombia, Rwanda, Israel and the land of Palestine, which they know all too well on a personal basis and from daily experience.
Book Synopsis Just Memories by : Camila de Gamboa Tapias
Download or read book Just Memories written by Camila de Gamboa Tapias and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do memory and remembrance relate to the specific mode of transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law. While the primary focus is a philosophical one, authors also engage in incisive analyses of historical, political and/or legal developments in their chosen countries. Examples of these include South Africa, Colombia, Rwanda, Israel and the land of Palestine, which they know all too well on a personal basis and from daily experience.
Book Synopsis Localising Memory in Transitional Justice: Memory dynamics in transitional justice by : Mina Rauschenbach
Download or read book Localising Memory in Transitional Justice: Memory dynamics in transitional justice written by Mina Rauschenbach and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Ethnic minority communities make claims for cultural rights from states in different ways depending on how governments include them in policies and practices of accommodation or assimilation. However, institutional explanations don’t tell the whole story, as individuals and communities also protest, using emotionally compelling narratives about past wrongs to justify their claims for new rights protections. Democratization and Memories of Violence: Ethnic minority rights movements in Mexico, Turkey, and El Salvador examines how ethnic minority communities use memories of state and paramilitary violence to shame states into cooperating with minority cultural agendas such as the right to mother tongue education. Shaming and claiming is a social movement tactic that binds historic violence to contemporary citizenship. Combining theory with empirics, the book accounts for how democratization shapes citizen experiences of interest representation and how memorialization processes challenge state regimes of forgetting at local, state, and international levels. Democratization and Memories of Violence draws on six case studies in Mexico, Turkey, and El Salvador to show how memory-based narratives serve as emotionally salient leverage for marginalized communities to facilitate state consideration of minority rights agendas. This book will be of interest to postgraduates and researchers in comparative politics, development studies, sociology, international studies, peace and conflict studies and area studies.
Book Synopsis Democratization and Memories of Violence by : Mneesha Gellman
Download or read book Democratization and Memories of Violence written by Mneesha Gellman and published by Routledge. This book was released on 2016-08-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethnic minority communities make claims for cultural rights from states in different ways depending on how governments include them in policies and practices of accommodation or assimilation. However, institutional explanations don’t tell the whole story, as individuals and communities also protest, using emotionally compelling narratives about past wrongs to justify their claims for new rights protections. Democratization and Memories of Violence: Ethnic minority rights movements in Mexico, Turkey, and El Salvador examines how ethnic minority communities use memories of state and paramilitary violence to shame states into cooperating with minority cultural agendas such as the right to mother tongue education. Shaming and claiming is a social movement tactic that binds historic violence to contemporary citizenship. Combining theory with empirics, the book accounts for how democratization shapes citizen experiences of interest representation and how memorialization processes challenge state regimes of forgetting at local, state, and international levels. Democratization and Memories of Violence draws on six case studies in Mexico, Turkey, and El Salvador to show how memory-based narratives serve as emotionally salient leverage for marginalized communities to facilitate state consideration of minority rights agendas. This book will be of interest to postgraduates and researchers in comparative politics, development studies, sociology, international studies, peace and conflict studies and area studies.
In the long history of warfare and cultural and ethnic violence, the twentieth century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide. Despite this global trend toward accountability, American collective memory appears distinct in that it tends to glorify the nation’s past, celebrating triumphs while eliding darker episodes in its history. In American Memories, sociologists Joachim Savelsberg and Ryan King rigorously examine how the United States remembers its own and others’ atrocities and how institutional responses to such crimes, including trials and tribunals, may help shape memories and perhaps impede future violence. American Memories uses historical and media accounts, court records, and survey research to examine a number of atrocities from the nation’s past, including the massacres of civilians by U.S. military in My Lai, Vietnam, and Haditha, Iraq. The book shows that when states initiate responses to such violence—via criminal trials, tribunals, or reconciliation hearings—they lay important groundwork for how such atrocities are viewed in the future. Trials can serve to delegitimize violence—even by a nation’s military— by creating a public record of grave offenses. But the law is filtered by and must also compete with other institutions, such as the media and historical texts, in shaping American memory. Savelsberg and King show, for example, how the My Lai slayings of women, children, and elderly men by U.S. soldiers have been largely eliminated from or misrepresented in American textbooks, and the army’s reputation survived the episode untarnished. The American media nevertheless evoked the killings at My Lai in response to the murder of twenty-four civilian Iraqis in Haditha, during the war in Iraq. Since only one conviction was obtained for the My Lai massacre, and convictions for the killings in Haditha seem increasingly unlikely, Savelsberg and King argue that Haditha in the near past is now bound inextricably to My Lai in the distant past. With virtually no criminal convictions, and none of higher ranks for either massacre, both events will continue to be misrepresented in American memory. In contrast, the book examines American representations of atrocities committed by foreign powers during the Balkan wars, which entailed the prosecution of ranking military and political leaders. The authors analyze news accounts of the war’s events and show how articles based on diplomatic sources initially cast Serbian President Slobodan Milosevic in a less negative light, but court-based accounts increasingly portrayed Milosevic as a criminal, solidifying his image for the public record. American Memories provocatively suggests that a nation’s memories don’t just develop as a rejoinder to events—they are largely shaped by institutions. In the wake of atrocities, how a state responds has an enduring effect and provides a moral framework for whether and how we remember violent transgressions. Savelsberg and King deftly show that such responses can be instructive for how to deal with large-scale violence in the future, and hopefully how to deter it. A Volume in the American Sociological Association’s Rose Series in Sociology.
Book Synopsis American Memories by : Joachim J. Savelsberg
Download or read book American Memories written by Joachim J. Savelsberg and published by Russell Sage Foundation. This book was released on 2011-09-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long history of warfare and cultural and ethnic violence, the twentieth century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide. Despite this global trend toward accountability, American collective memory appears distinct in that it tends to glorify the nation’s past, celebrating triumphs while eliding darker episodes in its history. In American Memories, sociologists Joachim Savelsberg and Ryan King rigorously examine how the United States remembers its own and others’ atrocities and how institutional responses to such crimes, including trials and tribunals, may help shape memories and perhaps impede future violence. American Memories uses historical and media accounts, court records, and survey research to examine a number of atrocities from the nation’s past, including the massacres of civilians by U.S. military in My Lai, Vietnam, and Haditha, Iraq. The book shows that when states initiate responses to such violence—via criminal trials, tribunals, or reconciliation hearings—they lay important groundwork for how such atrocities are viewed in the future. Trials can serve to delegitimize violence—even by a nation’s military— by creating a public record of grave offenses. But the law is filtered by and must also compete with other institutions, such as the media and historical texts, in shaping American memory. Savelsberg and King show, for example, how the My Lai slayings of women, children, and elderly men by U.S. soldiers have been largely eliminated from or misrepresented in American textbooks, and the army’s reputation survived the episode untarnished. The American media nevertheless evoked the killings at My Lai in response to the murder of twenty-four civilian Iraqis in Haditha, during the war in Iraq. Since only one conviction was obtained for the My Lai massacre, and convictions for the killings in Haditha seem increasingly unlikely, Savelsberg and King argue that Haditha in the near past is now bound inextricably to My Lai in the distant past. With virtually no criminal convictions, and none of higher ranks for either massacre, both events will continue to be misrepresented in American memory. In contrast, the book examines American representations of atrocities committed by foreign powers during the Balkan wars, which entailed the prosecution of ranking military and political leaders. The authors analyze news accounts of the war’s events and show how articles based on diplomatic sources initially cast Serbian President Slobodan Milosevic in a less negative light, but court-based accounts increasingly portrayed Milosevic as a criminal, solidifying his image for the public record. American Memories provocatively suggests that a nation’s memories don’t just develop as a rejoinder to events—they are largely shaped by institutions. In the wake of atrocities, how a state responds has an enduring effect and provides a moral framework for whether and how we remember violent transgressions. Savelsberg and King deftly show that such responses can be instructive for how to deal with large-scale violence in the future, and hopefully how to deter it. A Volume in the American Sociological Association’s Rose Series in Sociology.
The rise of collective violence and genocide is the twentieth century's most terrible legacy. Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing. From the Trade Paperback edition.
Book Synopsis Between Vengeance and Forgiveness by : Martha Minow
Download or read book Between Vengeance and Forgiveness written by Martha Minow and published by Beacon Press. This book was released on 2001-01-17 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of collective violence and genocide is the twentieth century's most terrible legacy. Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing. From the Trade Paperback edition.
Can crime make our world safer? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes “trigger” improvement in our lives. Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it. Sometimes reform comes as a society wrestles with a new and intolerable problem. Sometimes it comes because an old problem from which we have long suffered suddenly has an apparent solution provided by technology or some other social or economic advance. Or, sometimes the engine of reform kicks into gear simply because we decide as a society that we are no longer willing to tolerate a long-standing problem and are now willing to do something about it. As the amazing and often touching stories that the Robinsons present make clear, the path of progress is not just a long series of course corrections; sometimes it is a quick turn or an unexpected lurch. In a flash we can suddenly feel different about present circumstances, seeing a need for change and can often, just as suddenly, do something about it. Every trigger crime that appears in Crimes That Changed Our World highlights a societal problem that America has chosen to deal with, each in a unique way. But what these extraordinary, and sometime unexpected, cases have in common is that all of them describe crimes that changed our world.
Book Synopsis Crimes That Changed Our World by : Paul H. Robinson
Download or read book Crimes That Changed Our World written by Paul H. Robinson and published by Rowman & Littlefield. This book was released on 2018-06-15 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can crime make our world safer? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes “trigger” improvement in our lives. Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it. Sometimes reform comes as a society wrestles with a new and intolerable problem. Sometimes it comes because an old problem from which we have long suffered suddenly has an apparent solution provided by technology or some other social or economic advance. Or, sometimes the engine of reform kicks into gear simply because we decide as a society that we are no longer willing to tolerate a long-standing problem and are now willing to do something about it. As the amazing and often touching stories that the Robinsons present make clear, the path of progress is not just a long series of course corrections; sometimes it is a quick turn or an unexpected lurch. In a flash we can suddenly feel different about present circumstances, seeing a need for change and can often, just as suddenly, do something about it. Every trigger crime that appears in Crimes That Changed Our World highlights a societal problem that America has chosen to deal with, each in a unique way. But what these extraordinary, and sometime unexpected, cases have in common is that all of them describe crimes that changed our world.
