What is it to do justice to the absent victims of past injustice, given the distance that separates us from them? Grounded in political theory and guided by the literature on historical justice, W. James Booth restores the dead to their central place at the heart of our understanding of why and how to deal with past injustice. Testimonies and accounts from the race war in the United States, the Holocaust, post-apartheid South Africa, Argentina's Dirty War and the conflict in (...) Northern Ireland help advance and defend Booth's claim that caring for the dead is a central part of addressing past injustice. Memory, Historic Injustice, and Responsibility is an insightful and original book on the relationship of past and present in thinking about what it means to do justice. A valuable addition to the currently available literature on historical justice, the volume will be of great interest to students and scholars of political science, philosophy, history, and law. (shrink)

Tarot cards are one means to unlocking an image. In this article, the image is that of the Albanian writer and political dissident Musine Kokalari at her 1946 trial. Her photograph features in Albanian discourses about its communist past. I argue that the image provides clues as to the manner in which the country has faced up to its own history. For what is certain is that the Albanian account of the Enver Hoxha dictatorship remains incomplete. Drawing on Walter Benjamin’s (...) notion of ‘here-and-now in a flash’, and Roland Barthes’ and Italo Calvino’s reflections on photography and the power of the visual, we can identify at least two distinct memory regimes in the relevant historical, legal and political narratives. (shrink)

Philosophy of history has been condemned in recent times; however, it is becoming increasingly evident that a new Europe cannot do without a critical philosophy of history that analyses values and gives hierarchical structure to diverse experiences and historical memories. From this hypothesis, a result of previous projects, the project “Philosophy of History and Values in the Europe of the 21st century” has these fundamental objectives: 1) critically analyze the complex forms of conceiving science, history (society), culture (languages, religion), law, (...) ethics and politics, in order to understand the full scope of the idea of Europe in which we find ourselves; 2) systemize them with the proposal for a new critical philosophy of history, based on a “practical turn” that contemplates the elements (real responsibility, solidarity and justice) that should form the foundation of social and ethical political relations; 3) apply them to the constructionof a new Europe, in which implicit diversity and the demands of internationality, interculturality and dialogue between the genders can reconcile itself with the basic principles of universality, equality and justice and with the establishment of minimum human rights. The conclusions of our research will help to provide solutions to conflicts that are occurring in the heart of Europe, which at the high point of globalization, transcend European borders. (shrink)

Philosophy of history has been condemned in recent times; however, it is becoming increasingly evident that a new Europe cannot do without a critical philosophy of history that analyses values and gives hierarchical structure to diverse experiences and historical memories. From this hypothesis, a result of previous projects, the project “Philosophy of History and Values in the Europe of the 21st century” has these fundamental objectives: 1) critically analyze the complex forms of conceiving science, history (society), culture (languages, religion), law, (...) ethics and politics, in order to understand the full scope of the idea of Europe in which we find ourselves; 2) systemize them with the proposal for a new critical philosophy of history, based on a “practical turn” that contemplates the elements (real responsibility, solidarity and justice) that should form the foundation of social and ethical political relations; 3) apply them to the constructionof a new Europe, in which implicit diversity and the demands of internationality, interculturality and dialogue between the genders can reconcile itself with the basic principles of universality, equality and justice and with the establishment of minimum human rights. The conclusions of our research will help to provide solutions to conflicts that are occurring in the heart of Europe, which at the high point of globalization, transcend European borders. (shrink)

There has been a widespread recovery of public memory of the events of the Second World War since the end of the 1980s, with war crimes trials, restitution actions, monuments and memorials to the victims of Nazism appearing in many countries. This has inevitably involved historians being called upon to act as expert witnesses in legal actions, yet there has been little discussion of the problems that this poses for them. The French historian Henry Rousso has argued that this confuses (...) memory with history. In the aftermath of the Second World War, judicial investigations unearthed a mass of historical documentation. Historians used this, and further researches, from the 1960s onwards to develop their own ideas and interpretations. But since the early 1990s there has been a judicialization of history, in which historians and their work have been forced into the service of moral and legal forms of judgment which are alien to the historical enterprise and do violence to the subleties and nuances of the historian's search for truth. This reflects Rousso's perhaps rather simplistically scientistic view of the historian's enterprise; yet his arguments are powerful and should be taken seriously by any historian considering involvement in a law case; they also have a wider implication for the moralization of the history of the Second World War, which is now dominated by categories such as "perpetrator," "victim," and "bystander" that are legal rather than historical in origin. The article concludes by suggesting that while historians who testify in war crimes trials should confine themselves to elucidating the historical context, and not become involved in judging whether an individual was guilty or otherwise of a crime, it remains legitimate to offer expert opinion, as the author of the article has done, in a legal action that turns on the research and writing of history itself. (shrink)

People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of (...) real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. This study contributes to this endeavor by examining the contentious issue of testimony from witnesses who have undergone trauma-focused psychotherapy. Since the 1980s, courts worldwide were troubled with cases of false accusations based on false memories generated by suggestive therapeutic interventions. As a result, such post-therapy testimonies are discounted in one way or another in many jurisdictions. However, courts are still confronted with such testimonies, and the modi vivendi legal systems have established to deal with them continue to give rise to concerns about unjust treatment of witnesses. The question is thus whether legal rules or established practices of evaluating testimony based on memories which resurfaced after psychotherapy are epistemically and legally just. The paper presents seven ways in which courts may assess such testimonies and examines them in light of epistemic and procedural justice. Some of them prima facie constitute a form of epistemic injustice because they discount testimonies to an unwarranted degree. But these injustices might be justified by overriding principles favoring defendants. Nonetheless, the idea of epistemic justice, more broadly understood, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law. (shrink)

Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present. With case studies from Africa, East and Southeast Asia, Europe, South America, and the United States, the Handbook focuses on the political features of historical memory in international relations. Chapters examine key concepts of memory politics, including accountability, commemoration and memorialization, the (...) Europeanization of memory, and the politics of trauma and victimhood, as well as analyzing different sites of memory, from the human body and memorial sites to media, film, and television. It also answers essential questions such as who and what determines the relevance of the past in the present; how does memory become a political question; and what are the political effects and ethical implications of its mobilization? Exploring the links between the politics of memory, international ethics, law, and diplomacy, this stimulating Handbook will be essential reading for students and scholars of politics and international relations, cultural studies, history, and transitional justice. Its discussion of notable agents and practices of memory politics will also be beneficial for practitioners working in human rights, politics, and public policy. (shrink)

La question se pose de savoir si la Justice est capable de réparer le tragique de l’histoire. François Dosse situe son analyse sur l’axe pragmatique de la préoccupation citoyenne exprimée par Ricœur, dès les premières lignes de La mémoire, l’histoire, l’oubli, lorsqu’il se dit troublé par le trop de mémoire ici et le trop d’oubli ailleurs. On assiste en effet à une judiciarisation progressive de la discipline historique. Elle se traduit par une inquiétante inflation mémorielle depuis la loi Gayssot de (...) 1990. La fonction du juge et de l’historien a certes des points communs, comme l’a montré Marc Bloch dans Apologie pour l’histoire ou Carlo Ginzburg dans Le juge et l’historien. Le juge d’instruction peut s’apparenter à l’historien, mais pas celui du siège qui doit rendre un jugement. Cette emprise progressive de la justice sur le passé a pour effet pervers une tentative de sanctuarisation des questions historiques. Ricœur nous aide à repenser les relations entre justice, histoire et mémoire en distinguant et en articulant ces diverses dimensions par un travail de clarification des concepts. Il permet de mieux articuler la fonction judiciaire, le travail de mémoire et l’opération historiographique en respectant la validité de chacune de ces dimensions. (shrink)

Argues for a closer connection between memories of injustice and promises of justice as a means to overcome violence.

Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make (...) reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future. (shrink)

Past and future coalesce in discussions of LGBTI rights, often embedded in narratives of progress, civilisation, colonisation and emancipation. An understanding of these dynamics can help to illuminate the complex power relations that currently striate international LGBTI rights discourses. This paper analyses how temporality operates in the context of international LGBTI rights through an examination of the World Bank’s withdrawal of a $90 million loan to Uganda after the passage of the Anti-Homosexuality Act 2014. To do this, the paper juxtaposes (...) postcolonial critiques of the ongoing international legal reproduction of the colonial encounter, with a Deleuzian conception of law’s ‘virtual memory’. These two theoretical lenses are used to show how attempts to advance LGBTI rights can reproduce problematic civilisational binaries, through which the Global North seeks to manage the unruly or ‘uncivilized’ Global South. These civilisational and spatial dichotomies are often obscured by un-interrogated ‘grand narratives’ of progress and by the codification of specific, narrow forms of rights protections. As such, the paper argues that in order to better advance current and future frameworks for sexual orientation and gender identity justice, we must undertake a more attentive encounter with the past. (shrink)

La question se pose de savoir si la Justice est capable de réparer le tragique de l’histoire. François Dosse situe son analyse sur l’axe pragmatique de la préoccupation citoyenne exprimée par Ricœur, dès les premières lignes de La mémoire, l’histoire, l’oubli, lorsqu’il se dit troublé par le trop de mémoire ici et le trop d’oubli ailleurs. On assiste en effet à une judiciarisation progressive de la discipline historique. Elle se traduit par une inquiétante inflation mémorielle depuis la loi Gayssot de (...) 1990. La fonction du juge et de l’historien a certes des points communs, comme l’a montré Marc Bloch dans Apologie pour l’histoire ou Carlo Ginzburg dans Le juge et l’historien. Le juge d’instruction peut s’apparenter à l’historien, mais pas celui du siège qui doit rendre un jugement. Cette emprise progressive de la justice sur le passé a pour effet pervers une tentative de sanctuarisation des questions historiques. Ricœur nous aide à repenser les relations entre justice, histoire et mémoire en distinguant et en articulant ces diverses dimensions par un travail de clarification des concepts. Il permet de mieux articuler la fonction judiciaire, le travail de mémoire et l’opération historiographique en respectant la validité de chacune de ces dimensions. (shrink)

La question se pose de savoir si la Justice est capable de réparer le tragique de l’histoire. François Dosse situe son analyse sur l’axe pragmatique de la préoccupation citoyenne exprimée par Ricœur, dès les premières lignes de La mémoire, l’histoire, l’oubli, lorsqu’il se dit troublé par le trop de mémoire ici et le trop d’oubli ailleurs. On assiste en effet à une judiciarisation progressive de la discipline historique. Elle se traduit par une inquiétante inflation mémorielle depuis la loi Gayssot de (...) 1990. La fonction du juge et de l’historien a certes des points communs, comme l’a montré Marc Bloch dans Apologie pour l’histoire ou Carlo Ginzburg dans Le juge et l’historien. Le juge d’instruction peut s’apparenter à l’historien, mais pas celui du siège qui doit rendre un jugement. Cette emprise progressive de la justice sur le passé a pour effet pervers une tentative de sanctuarisation des questions historiques. Ricœur nous aide à repenser les relations entre justice, histoire et mémoire en distinguant et en articulant ces diverses dimensions par un travail de clarification des concepts. Il permet de mieux articuler la fonction judiciaire, le travail de mémoire et l’opération historiographique en respectant la validité de chacune de ces dimensions. (shrink)

The archive is a cultural institution that creates a framework for the social and collective memory and as such is one of the collection of knowledge institutions that not only preserves and classifies “texts” but uses them to re-create collective memory and sometimes to invent cultural histories. Like all knowledge institutions, the archive is also a construction deeply implicated in knowledge politics or what Foucault calls power/knowledge. In the past the archive has functioned as a central metaphor for the construction (...) of human knowledge in all it is different institutional forms and like the encyclopedia and the camera, the archive produces highly coded representations that make implicit validity claims to the truth and justice of the past. Politically speaking, those who control the archive control the past. In the digital world, the archive is used to describe a machine-readable location as a store for “data” and “information.” Digital technologies radically alter our existing institutions,... (shrink)

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. (shrink)

Law’s claim of mastery over past political violence is frequently undermined by reversals of that relationship of mastery, so that the violence of the law, and especially its symbolic violence, becomes easily incorporated into longues durées of political violence, rather than mastering them, settling them, or providing closure. Doing justice to the past, therefore, requires a political and theoretical attunement to the ways in which law, in purportedly attempting to address past political violence, inscribes itself into contemporary contexts of violence. (...) While this may be limited to an analysis of how law is an effect of and affects the political, theoretically this attunement can be further refined by means of a critique of dynamics that are internal to law itself and that have to do with how law understands its own historicity, as well as its relationship to history and historiography. This article aims to pursue such a critique, taking as its immediate focus the ECHR case of Perinçek v Switzerland, with occasional forays into debates around the criminalisation of Armenian genocide denialism in France. The Perinçek case concerned Switzerland’s criminalisation of the denial of the Armenian genocide, and concluded in 2015 after producing two judgments, first by the Second Chamber, and then by the Grand Chamber of the ECHR. However, although they both found for the applicant, the two benches had very different lines of reasoning, and notably different conceptions regarding the relationship between law and history. I proceed by tracing the shifting status of ‘history’ and ‘historians’ in these two judgments, and paying attention to the deferrals, disclaimers and ellipses that structure law’s relation to history. This close reading offers the opportunity for a critical reappraisal of the relationship between law, denial and violence: I propose that the symbolic violence of the law operative in memory laws is a product of that which remains unresolved in law’s understanding of historicity (including its own), its self-understanding vis-à-vis the task of historiography, and its inability to respond to historical violence without inscribing itself into a history of violence, a process regarding which it remains in denial. (shrink)

This article explores the possibility of locating an ‘ethics of memory’ respecting commission of mass atrocities via the link between justice, truth and memory. First, it suggests a typology for memory in relation to justice in its retributive and restorative aspects. Second, it explores how so-called ‘memory-justice’ arises in the course of international proceedings—and particularly given its significance under the Rome Statute—by considering, critically, the international community's ability to repair or restitute injury by engaging in memory in ‘the right way’. (...) Lastly, it suggests limitations of memory-justice of which only some can be overcome. The challenges and arguments for a ‘categorical imperative’ for memory are left for a subsequent treatment, but arguments in law and practical ethics will be suggested in favour of properly approaching memory in pursuit of justice, with profound consequences for the nascent Court and sister tribunals, in their efforts to break the cycle of conflict in affected regions, and rid the world of the worst crimes known to humanity. (shrink)

The book ends with a Hegelian interpretation of the idea of memory mobilized in Toni Morrison's and Primo Levi's literary works—examples of spirit's 'absolute memory.'.

RESUMEN El artículo reflexiona sobre las políticas de la memoria que deberían desarrollarse en sociedades donde han ocurrido masivas violaciones de derechos humanos, y cuyos procesos se guían por los principios normativos de la justicia transicional. Se analizan primero los conceptos de memoria e historia, y la forma como el Holocausto trans formó sus tareas en el siglo XX; luego se examinan dos modelos de responsabilidad propuestos por Iris Marion Young, y se propone cómo usarlos en la justicia transicional. Finalmente, (...) se explican las tareas de la política de la memoria en estos contextos. ABSTRACT The article carries out a reflection on the politics of memory that should be developed in societies where massive human rights violations have occurred and whose pro cesses are being guided by the normative principles of transitional justice. It starts out by analyzing the concepts of memory and history and the manner in which the Holocaust transformed their tasks in the 20th century. Ten it goes on to examine two models of responsibility proposed by Iris Marion Young, and suggests how to use them in transitional justice. Finally, the article explains the tasks of the politics of memory in these contexts. (shrink)

With this nuanced and interdisciplinary work, political theorist Mihaela Mihai tackles several interrelated questions: How do societies remember histories of systemic violence? Who is excluded from such histories' cast of characters? And what are the political costs of selective remembering in the present? Building on insights from political theory, social epistemology, and feminist and critical race theory, Mihai argues that a double erasure often structures hegemonic narratives of complex violence: of widespread, heterogeneous complicity and of "impure" resistances, not easily subsumed (...) to exceptionalist heroic models. In dialogue with care ethicists and philosophers of art, she then suggests that such narrative reductionism can be disrupted aesthetically through practices of "mnemonic care," that is, through the hermeneutical labor that critical artists deliver—thematically and formally—within communities' space of meaning. Empirically, the book examines both consecrated and marginalized artists who tackled the memory of Vichy France, communist Romania, and apartheid South Africa. Despite their specificities, these contexts present us with an opportunity to analyze similar mnemonic dynamics and to recognize the political impact of dissenting artistic production. Crossing disciplinary boundaries, the book intervenes in debates over collective responsibility, historical injustice, and the aesthetics of violence within political theory, memory studies, social epistemology, and transitional justice. (shrink)

Justice is usually represented as a feminine figure holding a pair of scales and a sword. The history of that image is relatively recent and has attracted a great deal of attention. However, a different appreciation of it may come from a “nocturnal” jurisprudence seeking to foreground its presence and effects in the transmission of modern culture and so also of law. In this essay, I take my cue from Aby Warburg and the Pathosformeln that, he suggested, can be glimpsed (...) through certain material objects inherited from the past—specifically, Dürer’s The Death of Orpheus and other related visual art. I then consider what Giorgio Agamben calls ‘the image of the image’ emphasising the timely quality of those images and I ask, with Georges Didi-Huberman, whether it might not be high time to “return” that which those images ostensibly show. The associations established in this essay between those different insights may help to recognise the extent to which the innumerable images to do with justice found at the four corners of the world can make the cognitive and emotional experience of those encountering them a rather more complex and potentially problematic affair than it may be at first supposed. What, on closer inspection, can those images give us to see? Are the ancient configurations they sometimes transmit not made up of crystals of historical memory carrying dormant energies that could be suddenly reignited in unpredictable ways? Should the task ahead not be, in some cases, one of restitution—the inapparent gift that turns the “blotted-out” into something striking that can be then handed over and known? These, I argue, are some of the questions a “nocturnal” jurisprudence of the image can be about. (shrink)

In his inaugural lecture as director of the Institute for Social Research at the University of Frankfurt, Horkheimer points out the need for a new understanding of history that avoids the contemporary versions of the Hegelian Verklärung. He synthesizes this challenge with an imperative: to do justice to past suffering. The result of this appeal can be found in the works of the members of the Frankfurt School in the form of multiple, even divergent, trains of thought that reach with (...) unlike intensities the current debates on memory and its link with history. This paper focuses on three of these trains, which can be traced back to different periods of the work of Herbert Marcuse. It intends to systematize and present what can be considered alternative—although not necessarily contradictory—approaches aroused from the same concern over the critical power of nonreconciliatory memory: first, a genealogy inquiry that deconstructs the reified character of the given; second, a recollection of past images of happiness; and finally, a memory of the limits of all attainable freedom. Exploring these three moments, their shortcomings and tensions, may shed light on the complexity and present importance of the challenge they intend to face. (shrink)

This paper explores the Eichmann trial in its dimension as a living, powerful event, whose impact is defined and measured by the fact that it is "not the same for all." I examine this legal event from two perspectives: Hannah Arendt's and my own. I pledge my reading against Arendt's, in espousing the State's vision of the trial, but in interpreting the legal meaning of this vision us one that exceeds its own deliberateness and distinct from the State's ideology. I (...) use Nietzsche's terms to contrast "critical history" with "monumental history." Whereas the official State vision of the trial is, I propose, precisely one of "monumental history, " Arendt's vision offers a substitutive "critical history." I analyze, one against the other, what I call the monumental legal vision of the Eichmann trial and the critical vision offered by Arendt. Exploring thus the monumental versus the critical as two opposed but non-exclusive and, in fact, profoundly complementary perspectives, I examine, side by side, the Eichmann trials' monumental focus on the victims and Arendt's critical objections to this focus: her objections, I show, are based in a jurisprudential conservatism coexisting with a historiographical radicalism. The Eichmann trial, in my view, is on the contrary and diametrically, historiographically conservative, but jurisprudentially revolutionary. I argue that Arendt failed to see the way in which the trial in effect did not simply repeat the victim's story, but historically created it for the first time. I submit, in other words, that the Eichmann trial legally created a radically original and new event: not a rehearsal of a given story, but a groundbreaking narrative event that is itself historically and legally unprecedented. Examining the trial's transformation of victims into prosecution witnesses, I analyze the victim-oriented focus of the trial as s legal process of translation of private traumas into public ones and as a public scene of the recovery of language and legal subjecthood by victims who were formerly defined by the oppressor's language and who were, therefore, not just injured, but essentially robbed of a language in which to articulate their injury and name their victimization. I argue that the Eichmann trial expanded the space available for moral deliberation in creating a new legal language: the trial was the victim's trial only insofar as it was now the victims who, against all odds, were precisely writing their own history. To enable such a writing, the Eichmann trial had to enact not simply memory, but memory as change. It had to dramatize upon its legal stage before the audience nothing less than a conceptual revolution in the victim. And this, in fact, is what the trial did This historically unprecedented revolution in the victim that was operated in and by the Eichmann trial is, I suggest, the trial's major contribution not only to Jews, but to history, to law, to culture - to humanity at large. I further argue that as a singular legal event, the Eichmann trial calls for a rethinking - and sets in motion a transvaluation - of the structures and the values of conventional criminal law. I submit that the quintessence of the Eichmann trial is the acquisition of semantic authority by victims. It was the newly acquired semantic and historical authority of this revolutionary story that, for the first time, created what we know today as the Holocaust: a theme of international discussion and world conversation designating the experience of the victims and referring to the crime against the Jewish people independently from the political and military story of the Second World War. (shrink)

At a moment when the European Union and globalisation are, in their different contexts, bringing systems of traditional law (like the Common Law), whose texts are presented as monuments to historical legal cultures, into confrontation with systems of written law which claim to be rational embodiments of universal principles of liberal justice, how might we remember Jeremy Bentham, the pioneer of the critique of the former in the name of the latter? This essay in ‘law-and-literature’ looks at the relation between (...) memory, fiction and writing in both the Common Law and in the two last projects for which the radical legal positivist sought to be remembered: the Constitutional Code for the Use of All Nations and All Governments Professing Liberal Opinions (1830) and Auto-Icon: Or, Farther Uses of the Dead to the Living (published posthumously in 1842). By examining Bentham’s linguistic theory and practice, the article raises questions about the relations between the ‘law’ of writing and the writing of law. (shrink)

The purpose of this paper is to analyse a particularly influential case of memory continuity in Portugal, that of _Padrão dos Descobrimentos_. Spaces of collective memory (such as public monuments) raise questions about what we celebrate, remember or rescue from oblivion, providing an opportunity to rethink the trauma. As such, care for public spaces is associated with ethical and cultural values. One of the difficulties with certain monuments has to do with the fact that they recall actions that today we (...) see as traumatic acts. Thus, it is important to reflect on a critical use of memory. On August 8, 2021, _Padrão dos Descobrimentos_ was the subject of a graffiti. One of the sides of the monument could read: “Blindly sailing for money, humanity is drowning in a scarlet sea”. A great controversy immediately arose around the meaning of this gesture, as well as the role played by a monument that, after being temporarily built in 1940 for the Portuguese World Exhibition, was, in its current version, inaugurated in 1960, on the occasion of the fifth centenary of the death of Infante D. Henrique. This episode reignited a deeper cleavage around the uses of history and memory, the Portuguese colonial past, and the role of the _Padrão dos Descobrimentos_ as an instrument for the reproduction of nationalism. In this sense, and with the authors proposing a new theoretical frame of reference based on the thought of Arendt and Ricoeur, its critical reading becomes relevant. (shrink)

This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...) of retrieval. Law, as an artifact, seeks its origins in human action, but this often yields a static view of legal discourse as the retrieval of pivotal moments. Bergson, by contrast, shows us that past and present influence each other dynamically, giving rise to an integrated whole. The article concludes by exploring the potential for law to transcend the structure of memory. We argue that even beyond the limits of memory legal reasoning encounters a kind of residue left by the ethical foundations of law. Law searches vainly for the past, but what it finds is itself. (shrink)

In this article I begin to explore Friedrich Nietzsche’s and Jacques Derrida’s philosophies of history in terms of the persistence of forgetting within (non-subjective) memory. In section I, I shall outline the totalizing production of history understood as an unsuccessful attempt to erase the indifference of animality and the difference of madness. The following two sections are concerned with the particular kinds of non-subjective memories—memorials—that arise in the aftermath of this erasure and include writing and the archive (section II), as (...) well as the ghostly and genealogical confusions (section III). Throughout these sections I shall argue that each of the externalizations of memory in non-subjective memorials is contaminated by forgetting, both shaping and shaking up the foundations of history. Finally, section IV revisits the memorials and states of forgetting discussed in the previous sections in light of the (im)possibility of justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Cartographic Memory: Social Movement Activism and the Production of Space by Juan HerreraAída R. GuhlincozziCartographic Memory: Social Movement Activism and the Production of Spaceby juan herrera Durham, N.C.: Duke University Press, 2022Juan Herrera’s historical recounting of Latino activism in Fruitvale, California, in Cartographic Memory: Social Movement Activism and the Production of Space is stellar. In fact, the case focused on by Herrera as an example of activism producing (...) space and creating change in the name of social justice is not the only top-quality contribution to Latinx geographies to be found in this book. Herrera’s conceptualization of “cartographic memory” builds on the intertwining of Latinx writers and historians with traditional spatial thought from the history of geography. His definition of “cartographic memory” as a “political remaking of urban geography and therefore a selective mapping” adds to the broader oeuvre of activism and space coming out in recent years (14).The geographic location for Cartographic Memory comes from the author’s long history of working in and around Fruitvale as both a volunteer and community member. As a new resident of the Oakland area, Herrera mistakenly navigated himself to Fruitvale, where he found the elements of the place clearly speaking to a cultural aesthetic of Latin-idad. Intrigued, Herrera began volunteering in the area, and learned more of the long activist history of the space. That activist history, Herrera argues, has long been under-studied, or even forgotten, in Chicano activist history, and merits recognition. Herrera’s efforts with [End Page 139] this book go a long way to gathering together that spatial history and reconstructing it for the reader through interviews and oral histories with numerous activists, extensive archival research, and ethnography focusing on the 1960s and 1970s Mexican-American activist mobilization in support of the Chicano movement.The power of the focus on Fruitvale must be recognized, as Herrera also makes space for intently peeling apart the layers of nonprofit funding, social movements, and community-building and support. The chapter, “Revolution Interrupted,” is about the funding situation of the Unity Council in Fruitvale and how the funding structure was constructed over time in the context of the political and economic opportunities of the 1960s. It speaks to how this had a profound effect on the organizers and community given the shift from grassroots to institutional funding. This chapter opens the book with a focus on the national scope of funding opportunities for organizations in the 1960s that focused on race and ethnicity. Through this lens are explored the effects of local political actions—such as the 1969 speech by San Antonio-based Mexican American Youth Organization (MAYO) leader Jose Angel Gutierrez—on funding at the federal level. Because of the perceived militancy of these remarks, the U.S. Congress became concerned, and eventually passed the 1969 Tax Reform bill, limiting the types of projects that could be funded philanthropically. This type of multi-scale understanding of Fruitvale activism is threaded throughout the entire book, from chapter 1, “Making Place,” in which Herrera summarizes activist perspectives on Fruitvale as emphasizing “not only how the neighborhood itself [produced] a geography of activism but also how it was interconnected to other places of struggle throughout the United States” (emphasis in original; 33).Herrera also navigates the interactions of race, ethnicity, and space, tracing how coalitions, influences on political efforts, and collaboration took place throughout Fruitvale and Oakland during this period. His second chapter, “The Other Minority,” identifies where Black Panther Party-related work occurred; the marketization that began to occur of a non-threatening, non-Black “Latino” identity; the effect that this had on activist efforts; and more. Importantly, in this chapter Herrera’s interviews reveal that part of the interest in these coalitions came from the clear organizational success Black activists had achieved in their [End Page 140] work, leading Mexican American activists in Oakland to pursue similar efforts. One interviewee, Herman Gallegos, a prominent activist at the time, spoke of recalling an event where Black men would gather monthly to focus on leadership. Thinking highly of them, he says that he recognized them as future “mayors, judges... [but] kept thinking... (shrink)

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 organizations, and non-governmental organizations. The authors question whether faith in human rights is justified as balm (...) to heal the 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 expectations that human rights law can deal with the past injustice has undermined the development of an emancipatory politics of human rights for our current world. (shrink)

Jacques Derrida has written much in recent years on the topic of mourning. This essay takes Derrida's insights into mourning in general and collective mourning in particular in order to ask about the relationship between mourning and politics. Taking a lead from a recent work of Derrida's on Jean-François Lyotard, the essay develops its argument through two examples, one from ancient Greece and one from twentiethcentury America: the role mourning plays in the constitution and maintenance of the state in Plato's (...) Laws and the controversy surrounding the consecration of the tomb of the Unknown Soldier of Vietnam in Arlington National Cemetery. This latter example provides the occasion for questioning the possibilities of mourning the unknown or the unidentifiable and for addressing some of the ways in which the United States has mourned or failed to mourn, remembered or failed to remember, in the wake of September 11. (shrink)

As the prototype par excellence of Christian Orthodox ethics, the Divine Liturgy must constitute the prototype for Christian bioethics. According to St. Nicholas Cabasilas, the Divine Liturgy corresponds to the history of the economy of the Saviour and cultivates life in Christ, that is the way of life, the ethics that should characterize the life of a faithful Christian. The import of such an approach is significant for Orthodox Christian bioethics with regard to ethical questions that are connected both with (...) the beginning and the end of human life. In contrast to a way of thinking that, in order to answer the question about the beginning and the end of human life, tries to define moments in time in biological terms, Orthodox Christian ethics reveals man’s desire to himself define the content of the answer, and proposes instead God as the beginning and the end of man. (shrink)

In this brillant meditation on conceptions of history, Le Goff traces the evolution of the historian's craft. Examining real and imagined oppositions between past and present, ancient and modern, oral and written history, _History and Memory_ reveals the strands of continuity that have characterized historiography from ancient Mesopotamia to modern Europe.

Despite an explosion of studies on memory in historical and cultural studies, there is relatively little in moral philosophy on this subject. In this book, Jeffrey Blustein provides a systematic and philosophically rigorous account of a morality of memory. Drawing on a broad range of philosophical and humanistic literatures, he offers a novel examination of memory and our relations to people and events from our past, the ways in which memory is preserved and transmitted, and the moral responsibilities associated with (...) it. Blustein treats topics of responsibility for one's own past; historical injustice and the role of memory in doing justice to the past; the relationship of collective memory to history and identity; collective and individual obligations to remember those who have died, including those who are dear to us; and the moral significance of bearing witness. (shrink)

Sediments of time -- Fiction and historical reality -- Space and history -- Historik and hermeneutics -- Goethe's untimely history -- Does history accelerate? -- Constancy and change of all contemporary histories -- History, law, and justice -- Linguistic change and the history of events -- Structures of repetition in language and history -- On the meaning and absurdity in history -- Concepts of the enemy -- Sluices of memory and sediments of experiences -- Behind the deadly line : the (...) age of totality -- Forms and traditions of negative memory -- Histories in the plural and the theory of history : an interview with Carsten Dutt. (shrink)

Many people believe today that legislation is a tool powerful enough to shape society and to cure social diseases. Others think that legislation is useful to gain political support from special interest groups in search of privileges, at the expense of those whose cost of rejecting these actions is higher than their individual share of cost of such protection. Yet others think that legislation is the appropriate tool to implement public policy, according with their own “utopia”.To all those people, both (...) of his era and ours, Frédéric Bastiat wrote one of the most persuasive and clearest discussions on the nature and the ends that the law must pursue. In his book The Law Bastiat shows how and why pursuing ends other than justice ultimately leads to the perversion of the law and the fragmentation of society into special interest groups.De nos jours, beaucoup de gens pensent que la législation est suffisamment puissante pour modeler la société et remédier aux maux sociaux. D’autres pensent que la législation est utile pour acquérir les faveurs politiques de groupes d’intérêts spéciaux à la recherche de privilèges, au détriment de ceux pour qui le coût du rejet de telles actions est supérieur à leur part individuelle du coût d’une telle protection. D’autres encore pensent que la législation est l’outil approprié pour instaurer des politiques publiques en accord avec leur propre “utopie”.A tous ces gens, à la fois ceux de son époque et ceux de la nôtre, Frédéric Bastiat adressa une des discussions les plus convaincantes et les plus claires de la nature de la loi et des finalités que celle-ci doit poursuivre. Dans cet ouvrage, La Loi, Bastiat montre comment et pourquoi la poursuite de fins autres que la justice conduit de manière ultime à la perversion du droit et à la fragmentation de la société en des groupes d’intérêts spéciaux. (shrink)

In this article, I am concerned with the relationship between the visibility of race as color, the memory of injustice, and American identity. The visibility of color would seem to make it a daily reminder of race and its history, and in this way to be intimately a part of American memory and identity. Yet the tie between memory and color is anything but certain or transparent. Rather, as I shall argue, it is a latticework composed of things remembered, forgotten, (...) glossed, or idealized, and the traces they leave in our world, traces that keep that past from falling into the oblivion of forgetfulness. Finally, color, memory, and identity together belong to the struggle over racial justice in this country, a battle in part to recognize the past, of which color is the visible reminder, and to fashion an American identity that does not seek to render it invisible. Ralph Ellison's writings on memory and race, and particularly his defining work, the Invisible Man, map these issues and some of the ways of approaching them. The present essay is an exploration of those issues, conducted through an engagement with his work. (shrink)

In many ways, globalization created the problem of representation for feminist solidarity across the borders of the nation state. This problem is one of presenting a cohesive identity for representation in the transnational public sphere. This paper proposes a solution to this problem of a cohesive identity for women’s representation by drawing on the work of Paul Ricœur. What these women seem to have in common are shared political aims, but they have no basis for those aims. This paper provides (...) a basis for these aims by turning to Ricœur’s work on collective memory from Memory, History, Forgetting. The paper concludes that it is the shared testimony through narrative hospitality, which can provide a foundation for a social bond for those with common political aims. More specifically, this common knowledge provides a justification for the representation of women and their allies in the transnational public sphere. (shrink)

Can humanity be divided into good and evil? And if so, is it possible for the good to vanquish the evil, eradicating it from the face of the Earth by declaring war on evildoers and bringing them to justice? Can we overcome evil by the power of memory? In _Memory as a Remedy for Evil_, Tzvetan Todorov answers these questions in the negative, arguing that despite all our efforts to the contrary, we cannot be delivered from evil. In this work (...) on evil, memory and justice, Todorov examines the uses of memory and the spate of memorial laws in France in order to show how memory has failed as a remedy against evil and how efforts to come to grips with past evil through trials and punitive justice have failed as well. Todorov locates the fatal flaw of all these approaches in our erroneous relationship with evil as alterity, the distinction that we draw between ourselves and others that allows us to imagine ourselves in the appealing role of hero and victim and confine others to the role of villain and criminal. Similarly, in his analysis of the South African Truth and Reconciliation Commission and Cambodia’s Khmer Rouge Tribunal, Todorov argues in favor of restorative justice, which “seeks not to punish but to restore relations that should never have been interrupted” between former perpetrators and former victims. _Memory as a Remedy for Evil_ is a powerful and timely work that asks that we recognize the good and evil within each of us—and reminds us that it is only by coming to terms with evil and trying to understand it that we can hope to tame it. (shrink)

In On the Difficulty of Living Together, Manuel Cruz launches a nuanced study of memory and forgetting, defining their forms and uses, political meanings, and social and historical implications. Memory is not an intrinsically positive phenomenon, he argues, but an impressionable and malleable one, used to advance a variety of agendas. Cruz focuses on five memory models: that which is inherently valuable, that which legitimizes the present, that which supports retributive justice, that which is essential to mourning, and that which (...) elicits renunciation or revelation. His methodical approach makes sense of memory's positive and negative effects, its contradictions, and its tensions. Cruz shows us that remembering is not necessarily an end in itself, nor is it a supreme value, immune to external influence. The exercise of memory guarantees nothing, though many insist it is a progressive act preventing the repetition of past mistakes. Tying the making of memory to the movements of history, Cruz prioritizes memory's political dimensions over its philosophical aspects and helps us remember its myriad uses. (shrink)

Manuel Cruz launches a nuanced study of memory and forgetting, defining their forms and uses, political meanings, and social and historical implications. Memory is not an intrinsically positive phenomenon, he argues, but an impressionable and malleable one, used to advance a variety of agendas. Cruz focuses on five memory models: that which is inherently valuable; that which legitimizes the present; that which supports retributive justice; that which is essential to mourning; and that which elicits renunciation or revelation.

An original and comprehensive study of the history, symbols and languages of the common law tradition.

Can humanity be divided into good and evil? And if so, is it possible for the good to vanquish the evil, eradicating it from the face of the Earth by declaring war on evildoers and bringing them to justice? Can we overcome evil by the power of memory? In Memory as a Remedy for Evil, Tzvetan Todorov answers these questions in the negative, arguing that despite all our efforts to the contrary, we cannot be delivered from evil. In this work (...) on evil, memory and justice, Todorov examines the uses of memory and the spate of memorial laws in France in order to show how memory has failed as a remedy against evil and how efforts to come to grips with past evil through trials and punitive justice have failed as well. Todorov locates the fatal flaw of all these approaches in our erroneous relationship with evil as alterity, the distinction that we draw between ourselves and others that allows us to imagine ourselves in the appealing role of hero and victim and confine others to the role of villain and criminal. Similarly, in his analysis of the South African Truth and Reconciliation Commission and Cambodia's Khmer Rouge Tribunal, Todorov argues in favor of restorative justice, which "seeks not to punish but to restore relations that should never have been interrupted" between former perpetrators and former victims. Memory as a Remedy for Evil is a powerful and timely work that asks that we recognize the good and evil within each of us--and reminds us that it is only by coming to terms with evil and trying to understand it that we can hope to tame it. (shrink)

This essay opens on the streets of Rome in 2019 among displays of fascist relics, architecture, and memorial sites. Each display speaks to Italy's violent colonial and fascist history, one that continues to be entangled with and to overdetermine Italy's contemporary restrictive citizenship laws and anti-immigrant policies. Here, Paula M. Salvio turns to a psychoanalytic understanding of omnipotence, and to Michael Rothberg's concept of multidirectional memory, in order to pursue the half-spoken history of Italian fascism that is hauntingly absent (...) from Italy's public school curriculum, as well as from sites of public pedagogy such as museums, cinema, memorials, and social media platforms. This absence raises important questions about the ethical obligation education has to teach against omnipotence in conventional classroom settings and sites of public pedagogy. Salvio concludes with a reading of a socially engaged project, the Holocaust Memorial located in the Milan Central Railway Station on Platform 21, that is aimed at teaching against omnipotence. The memorial stands as a site of conscience that is committed to making visible what was hidden for years — the deportation between 1943 and 1945 of Italian Jews from the Milan Central Railway Station to Auschwitz-Birkenau and Bergen-Belsen. (shrink)