CONSIGNING JUSTICE TO HISTORY: TRANSITIONAL TRIALS AFTER THE SECOND WORLD WAR

2013 ◽  
Vol 56 (2) ◽  
pp. 553-581 ◽  
Author(s):  
KIM CHRISTIAN PRIEMEL

ABSTRACTThis article reviews recent historical investigations of transitional trials held after the Second World War. It identifies three main strands of historiography. One group of studies has been dominated by the trials' participants who have shaped the perception of the trials' scope, their achievements, and their shortcomings, and pursued political, legal, or biographical agendas. A second group has treated the trials as a mere epilogue to the history of the deceased regimes. A third, more profound approach has conceptualized the trials as places where collective memory was assembled, configured, and shaped. This notion opens the debate to an analysis of how law and history on the one hand, jurisdiction, jurisprudence, and historiography on the other interact and how they impact on one another. The article compares and evaluates the benefits drawn from this research. It finds that historical analyses which take seriously the epistemological premises of the law as well as the courtroom's performativity manage to bypass well-trodden paths of interpretation which either deplore the limited, inadequate punishment meted out, or celebrate the triumphant march from Nuremberg to The Hague. The article concludes that such interdisciplinary readings help to avoid widespread disillusionment with the results of transitional trials.

2020 ◽  
Vol 58 ◽  
pp. 165-174
Author(s):  
Monika Wiszniowska

Paweł Smoleński adds an important voice to the critical discussion about Polish history. In his books such as Pochówek dla rezuna, Syrop z piołunu. Wygnani w akcji „Wisła” and Krzyżyk niespodziany. Czas Goralenvolk (written together with Bartłomiej Kuraś) the author reveals the dark side of incidents that occurred during the Second World War and soon after. With full consciousness of the stereotypes and tradition fixed in the Polish memory, shows his relation to the history of na-tion from, on the one hand, and excavates from it the essence that may and should lead to a better understanding of the present time, on the other. Using the biography of ordinary people, Smoleński, showing the full value of private, colloquial, sometimes internally discrepant voices, reconstructs the process of passing into silence, political control of reminiscences and historical falsehood. His books are stories written to warn. First of all, it is very good literature with a universal message. Smoleński shows in a very in-teresting way the “human measure of history,” helplessness of ordinary people in the face of politics and formal institutions, the easiness of controlling the reaction of masses and power of the language of propaganda. His books open the way for a better review of difficult past times but also, what is more important, help to better understand the present.


Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 361-380
Author(s):  
Paul Magnette

This paper examines the evolving ideological content of the concept of citizenship and particularly the challenges it faces as a consequence of the building of the European Union. From an epistemological point of view it is first argued that citizenship may be described as a dual concept: it is both a legal institution composed of the rights of the citizen as they are fixed at a certain moment of its history, and a normative ideal which embodies their political aspirations. As a result of this dual nature, citizenship is an essentially dynamicnotion, which is permanently evolving between a state of balance and change.  The history of this concept in contemporary political thought shows that, from the end of the second World War it had raised a synthesis of democratic, liberal and socialist values on the one hand, and that it was historically and logically bound to the Nation-State on the other hand. This double synthesis now seems to be contested, as the themes of the "crisis of the Nation State" and"crisis of the Welfare state" do indicate. The last part of this paper grapples with recent theoretical proposals of new forms of european citizenship, and argues that the concept of citizenship could be renovated and take its challenges into consideration by insisting on the duties and the procedures it contains.


Author(s):  
Anna D. Bertova ◽  

Prominent Japanese economist, specialist in colonial politics, a professor of Im­perial Tokyo University, Yanaihara Tadao (1893‒1961) was one of a few people who dared to oppose the aggressive policy of Japanese government before and during the Second World War. He developed his own view of patriotism and na­tionalism, regarding as a true patriot a person who wished for the moral develop­ment of his or her country and fought the injustice. In the years leading up to the war he stated the necessity of pacifism, calling every war evil in the ultimate, divine sense, developing at the same time the concept of the «just war» (gisen­ron), which can be considered good seen from the point of view of this, imper­fect life. Yanaihara’s theory of pacifism is, on one hand, the continuation of the one proposed by his spiritual teacher, the founder of the Non-Church movement, Uchimura Kanzo (1861‒1930); one the other hand, being a person of different historical period, directly witnessing the boundless spread of Japanese militarism and enormous hardships brought by the war, Yanaihara introduced a number of corrections to the idealistic theory of his teacher and proposed quite a specific explanation of the international situation and the state of affairs in Japan. Yanai­hara’s philosophical concepts influenced greatly both his contemporaries and successors of the pacifist ideas in postwar Japan, and contributed to the dis­cussion about interrelations of pacifism and patriotism, and also patriotism and religion.


2018 ◽  
Vol 1 (1) ◽  
pp. 49-59
Author(s):  
Éric Alliez ◽  
Maurizio Lazzarato

Abstract In the aftermath of the Second World War, revolutionary movements remained dependent on Leninist theories and practices in their attempts to grasp the new relationship between war and capital. Yet these theories and practices failed to address the global “cold civil war” represented by the events of 1968. This article will show that in the 1970s this task was not undertaken by “professional revolutionaries” or in their Maoist discourse of “protracted war” and its “generalized Clauzewitzian strategy.” Rather, the problem was addressed by Michel Foucault, on the one hand, and Gilles Deleuze and Félix Guattari, on the other. Each produced a radical break in the conception of war and of its constitutive relationship with capitalism, taking up the confrontation with Clausewitz to reverse the famous formula such that war was not to be understood as the continuation of politics (which determines its ends). Politics was, on the contrary, to be understood as an element and strategic modality of the whole constituted by war. The ambition of la pensée 68, as represented by Foucault and Deleuze and Guattari, was not to make this reversal into a simple permutation of the formula's terms, but rather to develop a radical critique of the concepts of “war” and “politics” presupposed by Clausewitz's formula.


2011 ◽  
Vol 5 (1) ◽  
pp. 45-57 ◽  
Author(s):  
Valerie Rosoux ◽  
Laurence van Ypersele

This article examines the gradual deconstruction of the Belgian national identity. Is it possible to speak of a de facto differentiation or even ‘federalization’ of the so-called ‘national past’ in Belgium? How do Belgians choose to remember and forget this past? To contribute to an understanding of these issues, the article considers two very different episodes of Belgian history, namely the First World War and the colonization of the Congo. On the one hand, the memory of the First World War appears to provide the template for memory conflicts in Belgium, and thus informs the memories of other tragedies such as the Second World War. On the other hand, the memory of the colonial past remains much more consensual – providing a more nuanced picture of competing views on the past. Beyond the differences between the ways in which these episodes are officially portrayed, the same fundamental trend may be observed: the gradual fragmentation of a supposedly smooth and reliable national version of history.


Author(s):  
Nicolas Henckes ◽  
Anne M. Lovell

This chapter assesses Franco Basaglia’s enduring influence in France by focusing on the circulation of concepts and practices and their effects on French mental health policies and scattered experimentation. Despite similar origins, Basaglia’s early work contrasts with the Second World War movement of French psychiatric reformers to humanize the asylum, including through ‘psychothérapie institutionnelle’ and the subsequent development of a sectorization policy. The chapter then examines the extent to which Basaglia’s ideas took ground in France through the efforts of a small network of psychiatric practitioners and intellectuals, within roughly three periods: 1960–1980, 1980–2000, and 2000 to the present. In conclusion, the chapter asks what might explain the French paradox: the early receptivity to Basaglia’s politically-oriented, community-based, anti-institutional practice, on the one hand; and a tenacious hospital-centric psychiatric system and increased use of constraints and high-security confinement, on the other.


Author(s):  
Tarak Barkawi

This chapter examines how war fits into the study of international relations and the ways it affects world politics. It begins with an analysis of the work of the leading philosopher of war, Carl von Clausewitz, to highlight the essential nature of war, the main types of war, and the idea of strategy. It then considers some important developments in the history of warfare, both in the West and elsewhere, with particular emphasis on interrelationships between the modern state, armed force, and war in the West and in the global South. Two case studies are presented, one focusing on war and Eurocentrism during the Second World War, and the other on the impact of war on society by looking at France, Vietnam, and the United States. There is also an Opposing Opinions box that asks whether democracy creates peace among states.


2018 ◽  
Vol 32 (4) ◽  
pp. 924-935
Author(s):  
Małgorzata Głowacka-Grajper

This article is part of the special cluster titled Social practices of remembering and forgetting of the communist past in Central and Eastern Europe, guest edited by Malgorzata Glowacka-Grajper Controversies over social memory form an important aspect of reality in the post-communist countries of Eastern Europe. On the one hand, there are debates about coming to terms with the communist past and the Second World War that preceded it (because important parts of the memory of the war were “frozen” during the communist era), and, on the other hand, and intimately connected to that, are discussions about the constant influence of communism on the current situation. This article presents some of the main trends in research on collective memory in the post-communist countries of Eastern Europe and reveals similarities and differences in the process of memorialization of communism in the countries of the region. Although there are works devoted to a comparative analysis of memory usage and its various interpretations in the political sphere in the countries of Eastern Europe, there are still many issues concerning daily practices (economic, religious, and cultural) associated with varying interpretations of the war and the communist past which needs further elaboration and analysis.


1967 ◽  
Vol 16 (1) ◽  
pp. 287-287 ◽  

A. Szakats, “The Influence of Commonwealth Law Principles on the Uniform Law on the International Sale of Goods” (1966) I.C.L.Q. (July) 749–779.In the July issue of I.C.L.Q. on p. 749, note 6, and on p. 779, reference was made to the Donaldson Committee and it was quoted that in their view “there was no demand or need for any changes in the law as contained in the Sale of Goods Act.” As source, L. A. Ellwood, “The Hague Uniform Laws Governing the international Sale of Goods,” Some Comparative Aspects of the Law Relating to Sale of Goods, I.C.L.Q. Suppl. Publication No.9 (1964), pp. 38–42, was referred to. In fact no such comment was made by the Committee. The author expresses his regret for the error. [The Board of Trade point out that the passage cited by Dr. Szakats summarised the views of H.M. Government on the original Draft Law, which was issued through the League of Nations before the second World War. Editor]


Itinerario ◽  
1994 ◽  
Vol 18 (2) ◽  
pp. 97-115
Author(s):  
H.L. Wesseling

Is history science or art? This is a problem which has been on people's minds for more than a century and certainly it is an interesting question. But within the framework of this contribution it is not really important, for, whether one practises art history or history of science, one faces the same problem. On the one hand such a history is first and foremost a history of the work and achievements of individuals. A history of science which does not deal with the work of Copernicus, Newton and Einstein is as useless as a history of art in which Rembrandt, Rubens and Michelangelo do not figure. Art and history are and will remain foremost the work of individuals of genius. On the other hand it is also true that a history of art or science which confines itself exclusively to a series of sketches of individuals and their work is not satisfactory either. Artists and scientists do not work within a vacuum. As one discerns tendencies and trends in art, likewise within the field of science one finds schools and paradigms. In order to understand works of art and science we have to look closely at influences and examples, at the time-spirit, the spiritual climate, et cetera.


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