Scales Of Memory

Scales of Memory PDF
Author: Justin Collings
Publisher: Oxford University Press
ISBN: 0192602586
Size: 58.22 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 384
View: 1528

Get Book

Scales Of Memory

by Justin Collings, Scales Of Memory Books available in PDF, EPUB, Mobi Format. Download Scales Of Memory books, Since the Second World War, constitutional justice has spread through much of the democratic world. Often it has followed in the wake of national calamity and historical evil - whether fascism or communism, colonialism or apartheid. Unsurprisingly, the memory of such evils plays a prominent role in constitutional adjudication. This book explores the relationship between constitutional interpretation and the memory of historical evil. Specifically, it examines how the constitutional courts of the United States, Germany, and South Africa have grappled, respectively, with the legacies of slavery, Nazism, and apartheid. Most courts invoke historical evil through either the parenthetical or the redemptive mode of constitutional memory. The parenthetical framework views the evil era as exceptional - a baleful aberration from an otherwise noble and worthy constitutional tradition. Parenthetical jurisprudence reaches beyond the evil era toward stable and enduring values. It sees the constitutional response to evil as restorative rather than revolutionary - a return to and reaffirmation of older traditions. The redemptive mode, by contrast, is more aggressive. Its aim is not to resume a venerable tradition but to reverse recent ills. Its animating spirit is not restoration, but antithesis. Its aim is not continuity with deeper pasts, but a redemptive future stemming from a stark, complete, and vivid rupture. This book demonstrates how, across the three jurisdictions, the parenthetical mode has often accompanied formalist and originalist approaches to constitutional interpretation, whereas the redemptive mode has accompanied realist and purposive approaches. It also shows how, within the three jurisdictions, the parenthetical mode of memory has consistently predominated in American constitutional jurisprudence; the redemptive mode in South African jurisprudence; and a hybrid, parenthetical-redemptive mode in German constitutional jurisprudence. The real-world consequences of these trends have been stark and dramatic. Memory matters, especially in constitutional interpretation.


The Politics Of Governance

The Politics of Governance PDF
Author: Lucy Koechlin
Publisher: Routledge
ISBN: 1317694368
Size: 19.28 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 226
View: 857

Get Book

The Politics Of Governance

by Lucy Koechlin, The Politics Of Governance Books available in PDF, EPUB, Mobi Format. Download The Politics Of Governance books, How do government arrangements emerge? When and how does individual agency turn into collective agency? How do sensory experiences of violence, instability, etc affect the configuration of governance arrangements? When, why, and how are governance arrangements institutionalized? This book seeks to contribute to a non-normative conceptualization of the emergence and transformation of government arrangements, and addresses the under-theorization of actors and agency in conventional governance theories. The editors and contributors theorize the concept of governance more concretely by analyzing the key actors and arrangements that define states of governance across different places and by examining its performance and development in particular settings and time periods. Each contribution to the edited volume is based on a case-study drawn from Africa, though the book argues that the core issues identified remain the same across the world, though in different empirical contexts. The contributions also range across key disciplines, from anthropology to sociology to political science. This ground-breaking volume addresses governance arrangements, discusses how social actors form such arrangements, and concludes by synthesizing an actor-centered understanding of political articulation to a general theory of governance. Scholars across disciplines such as political science, development studies, African studies, and sociology will find the book insightful.


Victims Of Terrorism

Victims of Terrorism PDF
Author: Orla Lynch
Publisher: Routledge
ISBN: 1135005265
Size: 67.47 MB
Format: PDF, ePub, Mobi
Category : History
Languages : en
Pages : 182
View: 1489

Get Book

Victims Of Terrorism

by Orla Lynch, Victims Of Terrorism Books available in PDF, EPUB, Mobi Format. Download Victims Of Terrorism books, This book examines the politicisation of victims of terrorism and the reality of the victimisation experience within the broader field of terrorism and the resulting conflict. Victims of terrorism are a unique group of individuals whose experience is overlooked in the current literature on terrorism. Since 9/11, terrorism has risen to global prominence and has become a key topic of interest with regards to media attention and national security. As a result, many European countries (as well as the USA) have had to take active steps to protect and provide for the victims of terrorism, particularly given the nature of victimisation post-3/11 (Madrid) and 7/7 (London). Recently, we have also seen an increase in the political currency of the terrorist victim; for example, the lobbying activities and political involvement of the victims of ETA terrorism and the exceptionally powerful lobby in the USA that sees the involvement of victims of terrorism and their families in policy-making and law-enforcement transformations. This book is based on extensive field work in Northern Ireland, London and Spain and presents the results, which focus on the needs and experiences of victims of terrorism and political violence, and critically analyses these findings comparatively and in their own right. The aim is to assess the provision of support initiatives in Northern Ireland, mainland UK and Spain and understand if victims' needs are being met by these initiatives but most importantly to construct a picture of the local and international interpretation of the experience of victimisation by terrorism. This book will be of much interest to students of terrorism and political violence, victimology, criminology, security studies and IR.


Administrating Victimization

Administrating Victimization PDF
Author: M. Duggan
Publisher: Springer
ISBN: 1137409274
Size: 74.35 MB
Format: PDF, Mobi
Category : Social Science
Languages : en
Pages : 129
View: 5260

Get Book

Administrating Victimization

by M. Duggan, Administrating Victimization Books available in PDF, EPUB, Mobi Format. Download Administrating Victimization books, This study addresses the management of victims and victim policy under the Coalition government, in light of an increasing move towards neoliberal and punitive law and order agendas. With a focus on victims of anti-social behaviour and hate crime, Duggan and Heap explore the changing role of the victim in contemporary criminal justice discourses.


Refusal Transition And Post Apartheid Law

Refusal  Transition and Post apartheid Law PDF
Author: Karin Van Marle
Publisher: AFRICAN SUN MeDIA
ISBN: 192033808X
Size: 68.53 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 163
View: 2762

Get Book

Refusal Transition And Post Apartheid Law

by Karin Van Marle, Refusal Transition And Post Apartheid Law Books available in PDF, EPUB, Mobi Format. Download Refusal Transition And Post Apartheid Law books, Refusal, Transition and Post-apartheid Law under editorship of professor Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle?s call for a ?jurisprudence of generosity?, enabled through an ?ethics of refusal?, signals a new shift in South African jurisprudence. Through the lens of Van Marle?s ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.


Law And The Humanities

Law and the Humanities PDF
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 0521899052
Size: 36.99 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 539
View: 6988

Get Book

Law And The Humanities

by Austin Sarat, Law And The Humanities Books available in PDF, EPUB, Mobi Format. Download Law And The Humanities books, A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.


History Memory And State Sponsored Violence

History  Memory  and State Sponsored Violence PDF
Author: Berber Bevernage
Publisher: Routledge
ISBN: 1136634444
Size: 12.94 MB
Format: PDF, Docs
Category : History
Languages : en
Pages : 250
View: 803

Get Book

History Memory And State Sponsored Violence

by Berber Bevernage, History Memory And State Sponsored Violence Books available in PDF, EPUB, Mobi Format. Download History Memory And State Sponsored Violence books, Modern historiography embraces the notion that time is irreversible, implying that the past should be imagined as something ‘absent’ or ‘distant.’ Victims of historical injustice, however, in contrast, often claim that the past got ‘stuck’ in the present and that it retains a haunting presence. History, Memory, and State-Sponsored Violence is centered around the provocative thesis that the way one deals with historical injustice and the ethics of history is strongly dependent on the way one conceives of historical time; that the concept of time traditionally used by historians is structurally more compatible with the perpetrators’ than the victims’ point of view. Demonstrating that the claim of victims about the continuing presence of the past should be taken seriously, instead of being treated as merely metaphorical, Berber Bevernage argues that a genuine understanding of the ‘irrevocable’ past demands a radical break with modern historical discourse and the concept of time. By embedding a profound philosophical reflection on the themes of historical time and historical discourse in a concrete series of case studies, this project transcends the traditional divide between ‘empirical’ historiography on the one hand and the so called ‘theoretical’ approaches to history on the other. It also breaks with the conventional ‘analytical’ philosophy of history that has been dominant during the last decades, raising a series of long-neglected ‘big questions’ about the historical condition – questions about historical time, the unity of history, and the ontological status of present and past –programmatically pleading for a new historical ethics.


South Africa Yearbook

South Africa Yearbook PDF
Author:
Publisher:
ISBN:
Size: 27.71 MB
Format: PDF, ePub, Mobi
Category : South Africa
Languages : en
Pages :
View: 4554

Get Book

South Africa Yearbook

by , South Africa Yearbook Books available in PDF, EPUB, Mobi Format. Download South Africa Yearbook books,


Heritage Culture And Politics In The Postcolony

Heritage  Culture  and Politics in the Postcolony PDF
Author: Daniel Herwitz
Publisher: Columbia University Press
ISBN: 0231530722
Size: 21.31 MB
Format: PDF, Kindle
Category : Philosophy
Languages : en
Pages : 232
View: 1426

Get Book

Heritage Culture And Politics In The Postcolony

by Daniel Herwitz, Heritage Culture And Politics In The Postcolony Books available in PDF, EPUB, Mobi Format. Download Heritage Culture And Politics In The Postcolony books, The act of remaking one's history into a heritage, a conscientiously crafted narrative placed over the past, is a thriving industry in almost every postcolonial culture. This is surprising, given the tainted role of heritage in so much of colonialism's history. Yet the postcolonial state, like its European predecessor of the eighteenth and nineteenth centuries, deploys heritage institutions and instruments, museums, courts of law, and universities to empower itself with unity, longevity, exaltation of value, origin, and destiny. Bringing the eye of a philosopher, the pen of an essayist, and the experience of a public intellectual to the study of heritage, Daniel Herwitz reveals the febrile pitch at which heritage is staked. In this absorbing book, he travels to South Africa and unpacks its controversial and robust confrontations with the colonial and apartheid past. He visits India and reads in its modern art the gesture of a newly minted heritage idealizing the precolonial world as the source of Indian modernity. He traverses the United States and finds in its heritage of incessant invention, small town exceptionalism, and settler destiny a key to contemporary American media-driven politics. Showing how destabilizing, ambivalent, and potentially dangerous heritage is as a producer of contemporary social, aesthetic, and political realities, Herwitz captures its perfect embodiment of the struggle to seize culture and society at moments of profound social change.