law memory violence uncovering the counter archive

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Law Memory Violence

Author : Stewart Motha
ISBN : 9781317569206
Genre : Law
File Size : 35. 1 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 : 74. 35 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 : 42. 5 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 : 85. 9 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.

Beyond The Rope

Author : Karlos K. Hill
ISBN : 9781316790625
Genre : History
File Size : 58. 6 MB
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Beyond the Rope is an interdisciplinary study that draws on narrative theory and cultural studies methodologies to trace African Americans' changing attitudes and relationships to lynching over the twentieth century. Whereas African Americans are typically framed as victims of white lynch mob violence in both scholarly and public discourses, Karlos K. Hill reveals that in the late nineteenth and early twentieth centuries African Americans lynched other African Americans in response to alleged criminality, and that twentieth-century black writers envisaged African American lynch victims as exemplars of heroic manhood. By illuminating the submerged histories of black vigilantism and consolidating narratives of lynching in African American literature that framed black victims of white lynch mob violence as heroic, Hill argues that rather than being static and one dimensional, African American attitudes towards lynching and the lynched black evolved in response to changing social and political contexts.

Archive That Comrade

Author : Phil Cohen
ISBN : 9781629635316
Genre : History
File Size : 82. 90 MB
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After a brief introduction that sets the contemporary scene of "archive fever," this book considers the political legacy of 1960s counterculture for what it reveals about the process of commemoration. How far can the archive serve as a platform for dialogue and debate between different generations of activists in a culture that fetishizes the evanescent present, practices a profound amnesia about its counterfactual past, and forecloses the sociological imagination of an alternative future? Can the Left establish its own autonomous model of commemoration?

The Coddling Of The American Mind

Author : Greg Lukianoff
ISBN : 9780735224902
Genre : Social Science
File Size : 28. 11 MB
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Something is going wrong on many college campuses in the last few years. Rates of anxiety, depression, and suicide are rising. Speakers are shouted down. Students and professors say they are walking on eggshells and afraid to speak honestly. How did this happen? First Amendment expert Greg Lukianoff and social psychologist Jonathan Haidt show how the new problems on campus have their origins in three terrible ideas that have become increasingly woven into American childhood and education: what doesn’t kill you makes you weaker; always trust your feelings; and life is a battle between good people and evil people. These three Great Untruths are incompatible with basic psychological principles, as well as ancient wisdom from many cultures. They interfere with healthy development. Anyone who embraces these untruths—and the resulting culture of safetyism—is less likely to become an autonomous adult able to navigate the bumpy road of life. Lukianoff and Haidt investigate the many social trends that have intersected to produce these untruths. They situate the conflicts on campus in the context of America’s rapidly rising political polarization, including a rise in hate crimes and off-campus provocation. They explore changes in childhood including the rise of fearful parenting, the decline of unsupervised play, and the new world of social media that has engulfed teenagers in the last decade. This is a book for anyone who is confused by what is happening on college campuses today, or has children, or is concerned about the growing inability of Americans to live, work, and cooperate across party lines.

Sins Against Nature

Author : Zeb Tortorici
ISBN : 9780822371625
Genre : History
File Size : 66. 52 MB
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In Sins against Nature Zeb Tortorici explores the prosecution of sex acts in colonial New Spain (present-day Mexico, Guatemala, the US Southwest, and the Philippines) to examine the multiple ways bodies and desires come to be textually recorded and archived. Drawing on the records from over three hundred criminal and Inquisition cases between 1530 and 1821, Tortorici shows how the secular and ecclesiastical courts deployed the term contra natura—against nature—to try those accused of sodomy, bestiality, masturbation, erotic religious visions, priestly solicitation of sex during confession, and other forms of "unnatural" sex. Archival traces of the visceral reactions of witnesses, the accused, colonial authorities, notaries, translators, and others in these records demonstrate the primacy of affect and its importance to the Spanish documentation and regulation of these sins against nature. In foregrounding the logic that dictated which crimes were recorded and how they are mediated through the colonial archive, Tortorici recasts Iberian Atlantic history through the prism of the unnatural while showing how archives destabilize the bodies, desires, and social categories on which the history of sexuality is based.

The Argentine Silent Majority

Author : Sebastián Carassai
ISBN : 9780822376576
Genre : History
File Size : 51. 39 MB
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In The Argentine Silent Majority, Sebastián Carassai focuses on middle-class culture and politics in Argentina from the end of the 1960s. By considering the memories and ideologies of middle-class Argentines who did not get involved in political struggles, he expands thinking about the era to the larger society that activists and direct victims of state terror were part of and claimed to represent. Carassai conducted interviews with 200 people, mostly middle-class non-activists, but also journalists, politicians, scholars, and artists who were politically active during the 1970s. To account for local differences, he interviewed people from three sites: Buenos Aires; Tucumán, a provincial capital rocked by political turbulence; and Correa, a small town which did not experience great upheaval. He showed the middle-class non-activists a documentary featuring images and audio of popular culture and events from the 1970s. In the end Carassai concludes that, during the years of la violencia, members of the middle-class silent majority at times found themselves in agreement with radical sectors as they too opposed military authoritarianism but they never embraced a revolutionary program such as that put forward by the guerrilla groups or the most militant sectors of the labor movement.

Defying The Ira

Author : Brian Hughes
ISBN : 9781781383544
Genre : History
File Size : 22. 38 MB
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This book examines the grass-roots relationship between the Irish Republican Army (IRA) and the civilian population during the Irish Revolution. It is primarily concerned with the attempts of the militant revolutionaries to discourage, stifle, and punish dissent among the local populations in which they operated, and the actions or inactions by which dissent was expressed or implied. Focusing on the period of guerilla war against British rule from c. 1917 to 1922, it uncovers the acts of 'everyday' violence, threat, and harm that characterized much of the revolutionary activity of this period. Moving away from the ambushes and assassinations that have dominated much of the discourse on the revolution, the book explores low-level violent and non-violent agitation in the Irish town or parish. The opening chapter treats the IRA's challenge to the British state through the campaign against servants of the Crown - policemen, magistrates, civil servants, and others - and IRA participation in local government and the republican counter-state. The book then explores the nature of civilian defiance and IRA punishment in communities across the island before turning its attention specifically to the year that followed the 'Truce' of July 1921. This study argues that civilians rarely operated at either extreme of a spectrum of support but, rather, in a large and fluid middle ground. Behaviour was rooted in local circumstances, and influenced by local fears, suspicions, and rivalries. IRA punishment was similarly dictated by community conditions and usually suited to the nature of the perceived defiance. Overall, violence and intimidation in Ireland was persistent, but, by some contemporary standards, relatively restrained.

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