L'institutionnalisation du crime contre l'humanité et l'avènement du régime victimo-mémoriel en France

2011 ◽  
Vol 44 (3) ◽  
pp. 663-684 ◽  
Author(s):  
Johann Michel

Résumé. Notre contribution vise à analyser l'impact des instruments juridiques sur la fabrique des politiques publiques de la mémoire dans la France contemporaine. Il s'agit de montrer en quoi les instruments juridiques peuvent développer des effets propres sur les politiques de la mémoire qui n'étaient pas prévus initialement. C'est le cas lorsque la Cour de cassation décide, lors du procès Barbie en 1983, de donner une extension juridique à la notion de crime contre l'humanité, qui va au-delà de la reconnaissance des crimes perpétrés durant le judéocide. La reconnaissance originaire de la mémoire de la Shoah, adossée juridiquement à la notion d'imprescriptibilité du crime contre l'humanité, tient lieu de matrice cognitive pour la défense d'autres causes mémorielles (mémoire de l'esclavage et reconnaissance du génocide arménien, entre autres).Abstract. Our contribution aims at analyzing the impact of legal instruments on public policy of memory in contemporary France. This is to show how legal instruments can develop specific effects on the politics of memory that were not originally foreseen. This is the case when “La Cour de Cassation” decided, at the Klaus Barbie trial in 1983, to give an extension to the legal concept of crimes against humanity that goes beyond the recognition of crimes perpetrated during the Holocaust. The recognition memory of the Holocaust, legally backed at the notion of crimes against humanity, acts as a cognitive matrix for the defense of other memories (memory of slavery, recognition of the Armenian Genocide …).

2021 ◽  
pp. 088832542095080
Author(s):  
Nikolay Koposov

This article belongs to the special cluster “Here to Stay: The Politics of History in Eastern Europe”, guest-edited by Félix Krawatzek & George Soroka. The rise of historical memory, which began in the 1970s and 1980s, has made the past an increasingly important soft-power resource. At its initial stage, the rise of memory contributed to the decay of self-congratulatory national narratives and to the formation of a “cosmopolitan” memory centered on the Holocaust and other crimes against humanity and informed by the notion of state repentance for the wrongdoings of the past. Laws criminalizing the denial of these crimes, which were adopted in “old” continental democracies in the 1980s and 1990s, were a characteristic expression of this democratic culture of memory. However, with the rise of national populism and the formation of the authoritarian or semi-authoritarian regimes in Russia, Turkey, Hungary, and Poland in the 2000s and 2010s, the politics of memory has taken a significantly different turn. National populists are remarkably persistent in whitewashing their countries’ history and using it to promote nationalist mobilization. This process has manifested itself in the formation of new types of memory laws, which shift the blame for historical injustices to other countries (the 1998 Polish, the 2000 Czech, the 2010 Lithuanian, the June 2010 Hungarian, and the 2014 Latvian statutes) and, in some cases, openly protect the memory of the perpetrators of crimes against humanity (the 2005 Turkish, the 2014 Russian, the 2015 Ukrainian, the 2006 and the 2018 Polish enactments). The article examines Russian, Polish, and Ukrainian legislation regarding the past that demonstrates the current linkage between populism and memory.


2021 ◽  
Vol 19 (3) ◽  
pp. 257-276
Author(s):  
Michał Wawrzonek ◽  
Oliwia Kropornicka

The aim of the paper is to scrutinize activities related to the commemoration of Metropolitan Andrey Sheptytsky. There were three main goals of the research. The first one was to identify the most important actors of the commemorative activities. The second goal was to reconstruct the strategies applied by these agents. Thirdly, this research aimed to consider current processes in the Ukrainian political system. In particular, the question was what we can know about the evolution of these commemorative activities after the Euromaidan based on relations between different agents in the mnemonic field. Special emphasis was placed on Sheptytsky’s attitude during the Holocaust and on the impact of this topic on the commemorative activities. As a theoretical framework of the research, Jan Kubik and Michael Bernhard’s theory of the politics of memory was applied. The research enabled verification of some elements of Kubik and Bernhard’s concept. Inter alia it was an issue of a set of presumptions regarding interrelations between strategies applied by mnemonic actors, the structure of mnemonic regime, and prospects for democratization of a political system.


2008 ◽  
Vol 41 (1) ◽  
pp. 19-42 ◽  
Author(s):  
Cheryl N. Collier

Abstract.This article examines the impact of neoliberalism on provincial policies aimed at addressing the problem of violence against women during a period (1985–2005) when welfare state retrenchment convergence has been documented both provincially and in a variety of Western democracies, including in Canada. Using measurements of both aggregate government expenditures and qualitative evaluations of anti-violence policy progression during this time frame, my analysis questions the existence of welfare state convergence in both Ontario and British Columbia. Instead, it demonstrates evidence of pronounced anti-violence policy divergence in both cases, which is better explained by a partisan theory of public policy framework.Résumé.Cet article examine l'incidence du néolibéralisme sur les politiques provinciales visant à enrayer le problème de la violence faite aux femmes au cours de la période 1985–2005. Cette période coïncide avec la remise en question de l'État providence, phénomène largement documenté à l'échelle provinciale comme dans diverses démocraties occidentales, incluant le Canada. En mesurant les dépenses publiques d'agrégat ainsi que les évaluations qualitatives de l'évolution des politiques contre la violence durant cette période, mon analyse remet en question l'existence d'une convergence dans l'évolution de l'État providence en Ontario et en Colombie-Britannique. En fait, elle démontre plutôt l'évidence d'une divergence prononcée de politiques dans les deux cas, qui peut être mieux expliquée par une théorie “partisane” des politiques publiques.


1998 ◽  
Vol 7 (1) ◽  
pp. 3-24
Author(s):  
Gregory F. Goekjian

The Holocaust and the Armenian Genocide have been considered comparable events ever since the term “genocide,” coined by Raphael Lemkin in 1944, was used at Nuremberg. The comparison leads to the recognition of differences between the two genocides, differences often used by revisionist historians to deny the very substance of genocide to the Armenian case. I want to argue that these differences are real, but that they are structural, not substantive, and that the impact of structural difference may be understood through an examination of the relationship among modern historiography, genocide, and diasporization. Put simply, the Holocaust constituted a symbolic end to the Jewish diaspora, whereas the Genocide is the symbolic origin of the Armenian diaspora. In actuality, of course, an enormous and powerful Jewish diaspora remains after the Holocaust, and Armenia had a significant diaspora for centuries before the Genocide. But whereas the Holocaust resulted in the creation of a concentrated, modern center for Jewish historical discourse, the Armenian Genocide erased that center, creating a “nation” that has had to exist in exile and memory—in diaspora


2016 ◽  
Vol 75 (3) ◽  
pp. 133-140
Author(s):  
Robert Busching ◽  
Johannes Lutz

Abstract. Legally irrelevant information like facial features is used to form judgments about rape cases. Using a reverse-correlation technique, it is possible to visualize criminal stereotypes and test whether these representations influence judgments. In the first step, images of the stereotypical faces of a rapist, a thief, and a lifesaver were generated. These images showed a clear distinction between the lifesaver and the two criminal representations, but the criminal representations were rather similar. In the next step, the images were presented together with rape scenarios, and participants (N = 153) indicated the defendant’s level of liability. Participants with high rape myth acceptance scores attributed a lower level of liability to a defendant who resembled a stereotypical lifesaver. However, no specific effects of the image of the stereotypical rapist compared to the stereotypical thief were found. We discuss the findings with respect to the influence of visual stereotypes on legal judgments and the nature of these mental representations.


2019 ◽  
Vol 26 (3) ◽  
pp. 208-228
Author(s):  
Moshe Schwartz

This article explores the evolution of social and economic public policy goals and programs embedded in the defense procurement process and explores the impact of these policies on acquisition.


This book illustrates and assesses the dramatic recent transformations in capital markets worldwide and the impact of those transformations. ‘Market making’ by humans in centralized markets has been replaced by supercomputers and algorithmic high frequency trading operating in often highly fragmented markets. How do recent market changes impact on core public policy objectives such as investor protection, reduction of systemic risk, fairness, efficiency, and transparency in markets? The operation and health of capital markets affect all of us and have profound implications for equality and justice in society. This unique set of chapters by leading scholars, industry insiders, and regulators sheds light on these and related questions and discusses ways to strengthen market governance for the benefit of society at large.


2015 ◽  
Vol 25 (4) ◽  
pp. 349-359 ◽  
Author(s):  
E. Longden ◽  
M. Sampson ◽  
J. Read

Background.This study examines relationships between childhood adversity and the presence of characteristic symptoms of schizophrenia. It was hypothesised that total adversity exposures would be significantly higher in individuals exhibiting these symptoms relative to patients without. Recent proposals that differential associations exist between specific psychotic symptoms and specific adversities was also tested, namely: sexual abuse and hallucinations, physical abuse and delusions, and fostering/adoption and delusions.Method.Data were collected through auditing 251 randomly selected medical records, drawn from adult patients in New Zealand community mental health centres. Information was extracted on presence and subtype of psychotic symptoms and exposure to ten types of childhood adversity, including five types of abuse and neglect.Results.Adversity exposure was significantly higher in patients experiencing hallucinations in general, voice hearing, command hallucinations, visions, delusions in general, paranoid delusions and negative symptoms than in patients without these symptoms. There was no difference in adversity exposure in patients with and without tactile/olfactory hallucinations, grandiose delusions or thought disorder. Indication of a dose–response relationship was detected, in that total number of adversities significantly predicted total number of psychotic symptoms. Although fostering/adoption was associated with paranoid delusions, the hypothesised specificity between sexual abuse and hallucinations, and physical abuse and delusions, was not found. The two adversities showing the largest number of associations with psychotic symptoms were poverty and being fostered/adopted.Conclusions.The current data are consistent with a model of global and cumulative adversity, in which multiple exposures may intensify psychosis risk beyond the impact of single events. Implications for clinical intervention are discussed.


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