Memory Laws Memory Wars

A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.

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.

This account of historical politics in Ukraine, framed in a broader European context, shows how social, political, and cultural groups have used and misused the past from the final years of the Soviet Union to 2020. Georgiy Kasianov details practices relating to history and memory by a variety of actors, including state institutions, non-governmental organizations, political parties, historians, and local governments. He identifies the main political purposes of these practices in the construction of nation and identity, struggles for power, warfare, and international relations. Kasianov considers the Ukrainian case in the context of a global increase in the politics of history and memory, with particular emphasis on a distinctive East-European variety. He pays special attention to the use and abuse of history in relations between Ukraine, Russia, and Poland.

This volume contains two essays by Frederick Crews attacking Freudian psychoanalysis and its aftermath in the so-called recovered memory movement. The first essay reviews a growing body of evidence indicating that Freud doctored his data and manipulated his colleagues in an effort to consolidate a cult-life following that would neither defy nor upstage him. The second essay challenges the scientific and therapeutic claims of the rapidly growing recovered-memory movement, maintaining that its social effects have been devestating.

This book examines state efforts to shape the public memory of past atrocities in the service of nationalist politics. This political engagement with the 'duty to remember', and the question of historical memory and identity politics, began as an effort to confront denialism with regard to the Holocaust, but now extends well beyond that framework, and has become a contentious subject in many countries. In exploring the politics of memory laws, a topic that has been overlooked in the largely legal analyses surrounding this phenomenon, this volume traces the spread of memory laws from their origins in Western Europe to their adoption by countries around the world. The work illustrates how memory laws have become a widespread tool of governments with a nationalist, majoritarian outlook. Indeed, as this volume illustrates, in countries that move from pluralism to majoritarianism, memory laws serve as a warning – a precursor to increasingly repressive, nationalist inclinations.

This text introduces students, scholars, and interested educated readers to the issues of human memory broadly considered, encompassing both individual memory, collective remembering by societies, and the construction of history. The book is organised around several major questions: How do memories construct our past? How do we build shared collective memories? How does memory shape history? This volume presents a special perspective, emphasising the role of memory processes in the construction of self-identity, of shared cultural norms and concepts, and of historical awareness. Although the results are fairly new and the techniques suitably modern, the vision itself is of course related to the work of such precursors as Frederic Bartlett and Aleksandr Luria, who in very different ways represent the starting point of a serious psychology of human culture.

Exploring the concepts of collaboration, resistance, and postwar retribution and focusing on the Chetnik movement, this book analyses the politics of memory. Since the overthrow of Slobodan Milosevic in 2000, memory politics in Serbia has undergone drastic changes in the way in which the Second World War and its aftermath is understood and interpreted. The glorification and romanticisation of the Yugoslav Army in the Homeland, more commonly referred to as the Chetnik movement, has become the central theme of Serbia's memory politics during this period. The book traces their construction as a national antifascist movement equal to the communist-led Partisans and as victims of communism, showing the parallel justification and denial of their wartime activities of collaboration and mass atrocities. The multifaceted approach of this book combines a diachronic perspective that illuminates the continuities and ruptures of narratives, actors and practices, with in-depth analysis of contemporary Serbia, rooted in ethnographic fieldwork and exploring multiple levels of memory work and their interactions. It will appeal to students and academics working on contemporary history of the region, memory studies, sociology, public history, transitional justice, human rights and Southeast and East European Studies.

This volume of essays and interviews by Polish, British, and American academics and journalists provides an overview of current Polish politics for both informed and non-specialist readers. The essays consider why and how PiS, Law and Justice, the party of Jarosław Kaczynski, returned to power, and the why and how of its policies while in power. They help to make sense of how “history” plays a key role in Polish public life and politics. The descriptions of PiS in Western media tend to rework old stereotypes about Eastern Europe that had lain dormant for some time. The book addresses the underlying question whether PiS was simply successful in understanding its electorate, and just helped Poland to revert to its normal state. This new Normal seems quite similar to the old one: insular, conservative, xenophobic, and statist. The book looks at the current struggle between one ‘Poland’ and another; between a Western-looking Poland and an inward-looking Poland, the former more interested in opening to the world, competing in open markets, and working within the EU, and the latter more concerned with holding onto tradition. The question of illiberalism has gone from an ‘Eastern’ problem (Russia, Turkey, Hungary, etc.) to a global one (Brexit and the U.S. elections). This makes the very specific analysis of Poland’s illiberalism applicable on a broader scale.

Meredith Maran lived a daughter's nightmare: she accused her father of sexual abuse, then realized, nearly too late, that he was innocent. During the 1980s and 1990s, tens of thousands of Americans became convinced that they had repressed memories of childhood sexual abuse, and then, decades later, recovered those memories in therapy. Journalist, mother, and daughter Meredith Maran was one of them. Her accusation and estrangement from her father caused her sons to grow up without their only grandfather, divided her family into those who believed her and those who didn't, and led her to isolate herself on "Planet Incest," where "survivors" devoted their lives, and life savings, to recovering memories of events that had never occurred. Maran unveils her family's devastation and ultimate redemption against the backdrop of the sex-abuse scandals, beginning with the infamous McMartin preschool trial, that sent hundreds of innocents to jail—several of whom remain imprisoned today. Exploring the psychological, cultural, and neuroscientific causes of this modern American witch-hunt, My Lie asks: how could so many people come to believe the same lie at the same time? What has neuroscience discovered about the brain's capacity to create false memories and encode false beliefs? What are the "big lies" gaining traction in American culture today—and how can we keep them from taking hold? My Lie is a wrenchingly honest, unexpectedly witty, and profoundly human story that proves the personal is indeed political—and the political can become painfully personal.

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.