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Law and Memory
The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Rethinking the Rule of Law after Communism
In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.
Memory Laws, Memory Wars
A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
Genocide Denials and the Law
In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Henne...
War and Memory in Russia, Ukraine and Belarus
This edited collection contributes to the current vivid multidisciplinary debate on East European memory politics and the post-communist instrumentalization and re-mythologization of World War II memories. The book focuses on the three Slavic countries of post-Soviet Eastern Europe – Russia, Ukraine and Belarus – the epicentre of Soviet war suffering, and the heartland of the Soviet war myth. The collection gives insight into the persistence of the Soviet commemorative culture and the myth of the Great Patriotic War in the post-Soviet space. It also demonstrates that for geopolitical, cultural, and historical reasons the political uses of World War II differ significantly across Ukraine,...
The Palgrave Handbook of State-Sponsored History After 1945
This handbook provides the first systematic integrated analysis of the role that states or state actors play in the construction of history and public memory after 1945. The book focuses on many different forms of state-sponsored history, including memory laws, monuments and memorials, state-archives, science policies, history in schools, truth commissions, historical expert commissions, the use of history in courts and tribunals etc. The handbook contributes to the study of history and public memory by combining elements of state-focused research in separate fields of study. By looking at the state’s memorialising capacities the book introduces an analytical perspective that is not often found in classical studies of the state. The handbook has a broad geographical focus and analyses cases from different regions around the world. The volume mainly tackles democratic contexts, although dictatorial regimes are not excluded.
Formal Institutions and Informal Politics in Central and Eastern Europe
The book gives an introduction to the relationship be - tween formal institutions and informal politics in Central and Eastern Europe between 1989 and 2005. The book wants to illucidate "what really happened" during and after the period of transformation within and beyond the formally institutionalised structures. How do informal practices influence the distribution of political power and the decision-making process? Which elements are more temporary, which are more permanent features of political life in these systems? From the contents: Gerd Meyer, Formal and informal politics: Questions, concepts and subjects András Bozoki & Eszter Simon, Formal institutions and informal politics in Hungary Aleksandra Wyrozumska & Gerd Meyer, Formal institutions and informal politics in Poland Aitalina Azarova, Formal institutions and informal politics in Russia Kerstin Zimmer, Formal institutions and informal politics in Ukraine.
The Limits of Criminal Law
From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
