law memory violence uncovering the counter archive

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Law Memory Violence

Author : Stewart Motha
ISBN : 9781317569206
Genre : Law
File Size : 90. 33 MB
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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.

The Oxford Handbook Of Legal History

Author : Markus D. Dubber
ISBN : 9780192513137
Genre : Law
File Size : 73. 50 MB
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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

The Limits Of Transition The South African Truth And Reconciliation Commission 20 Years On

Author : Mia Swart
ISBN : 9789004339569
Genre : Political Science
File Size : 64. 51 MB
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The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on is an interdisciplinary collection that celebrates and critiques the work of the TRC after 20 years. The authors consider whether the TRC has continued relevance for South Africa. The book further explores the legacy of the ‘unfinished business’ of the TRC.

Archiving Sovereignty

Author : Stewart Motha
ISBN : 9780472123988
Genre : Political Science
File Size : 71. 71 MB
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Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time. Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.

Archives Documentation And The Institutions Of Social Memory

Author :
ISBN : UOM:39015050133498
Genre : Archives
File Size : 73. 55 MB
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Contains the conceptual framework for the seminar, the schedule of sessions, the invited speakers, and information about the two principal sponsoring units.

Beyond The Rope

Author : Karlos K. Hill
ISBN : 9781107044135
Genre : History
File Size : 60. 21 MB
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This book tells the story of African Americans' evolving attitudes towards lynching from the 1880s to the present. Unlike most histories of lynching, it explains how African Americans were both purveyors and victims of lynch mob violence and how this dynamic has shaped the meaning of lynching in black culture.

Violence As A Generative Force

Author : Max Bergholz
ISBN : 9781501706431
Genre : Social Science
File Size : 24. 22 MB
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During two terrifying days and nights in early September 1941, the lives of nearly two thousand men, women, and children were taken savagely by their neighbors in Kulen Vakuf, a small rural community straddling today's border between northwest Bosnia and Croatia. This frenzy—in which victims were butchered with farm tools, drowned in rivers, and thrown into deep vertical caves—was the culmination of a chain of local massacres that began earlier in the summer. In Violence as a Generative Force, Max Bergholz tells the story of the sudden and perplexing descent of this once peaceful multiethnic community into extreme violence. This deeply researched microhistory provides provocative insights to questions of global significance: What causes intercommunal violence? How does such violence between neighbors affect their identities and relations? Contrary to a widely held view that sees nationalism leading to violence, Bergholz reveals how the upheavals wrought by local killing actually created dramatically new perceptions of ethnicity—of oneself, supposed "brothers," and those perceived as "others." As a consequence, the violence forged new communities, new forms and configurations of power, and new practices of nationalism. The history of this community was marked by an unexpected explosion of locally executed violence by the few, which functioned as a generative force in transforming the identities, relations, and lives of the many. The story of this largely unknown Balkan community in 1941 provides a powerful means through which to rethink fundamental assumptions about the interrelationships among ethnicity, nationalism, and violence, both during World War II and more broadly throughout the world.

Letter From The Birmingham Jail

Author : Jr. Martin Luther King
ISBN : 1548521949
Genre :
File Size : 78. 5 MB
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In "Letter from Birmingham Jail," Martin Luther King Jr. explains why blacks can no longer be victims of inequality.

The Book Of Memory

Author : Petina Gappah
ISBN : 9780374714888
Genre : Fiction
File Size : 72. 81 MB
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The story that you have asked me to tell you does not begin with the pitiful ugliness of Lloyd’s death. It begins on a long-ago day in August when the sun seared my blistered face and I was nine years old and my father and mother sold me to a strange man. Memory, the narrator of Petina Gappah’s The Book of Memory, is an albino woman languishing in Chikurubi Maximum Security Prison in Harare, Zimbabwe, after being sentenced for murder. As part of her appeal, her lawyer insists that she write down what happened as she remembers it. The death penalty is a mandatory sentence for murder, and Memory is, both literally and metaphorically, writing for her life. As her story unfolds, Memory reveals that she has been tried and convicted for the murder of Lloyd Hendricks, her adopted father. But who was Lloyd Hendricks? Why does Memory feel no remorse for his death? And did everything happen exactly as she remembers? Moving between the townships of the poor and the suburbs of the rich, and between past and present, the 2009 Guardian First Book Award–winning writer Petina Gappah weaves a compelling tale of love, obsession, the relentlessness of fate, and the treachery of memory.

The Land Is Our History

Author : Miranda Johnson
ISBN : 9780190600044
Genre : History
File Size : 36. 83 MB
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The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results. For the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging.

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