scholarly journals Collective Memories, Institutions and Law

2020 ◽  
pp. 6-21
Author(s):  
Adam Czarnota ◽  
Justyna Jezierska ◽  
Michał Stambulski
Keyword(s):  
Collective Memory ◽  
Collective Memories ◽  
Legal Rules ◽  
The Third ◽  
The Past ◽  
The Law ◽  
Mutual Relations ◽  
Short Explanation

This paper aims at explaining the concepts of collective memory, institutions, politics, law, as well as relations between them. By means of a short explanation of a network of mutual relations between these notions, we want to show how law and collective memories interact and how the relation between them is formed. At the same time, we see three modes of relations between collective memories and law: 1) past before the law, 2) memory laws and 3) law as collective memory. The first view consists in evaluating the past under a court trial. The second one in creating legal rules which promote or demand commemoration of a specific vision of the past. The third approach perceives law itself as institutionalized collective memory.

The Restatements and the Rule of Law

2020 ◽  
pp. 527-550
Author(s):  
Kristina Daugirdas
Keyword(s):  
Rule Of Law ◽  
Foreign Relations ◽  
Customary International Law ◽  
The Rule Of Law ◽  
Legal Rules ◽  
The Third ◽  
American Law ◽  
The Law ◽  
Compliance With The Law ◽  
Domestic Level

This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the Restatements might promote the rule of law by promoting compliance with the law. Ultimately, the Third and Fourth Restatements have taken quite different approaches to promoting the rule of law. To some extent these different approaches are a consequence of changes in the legal landscape over the past three decades. They also reflect different choices that the reporters and the American Law Institute have made about how to carry out the project of restating foreign relations law.

Young journalists and old news: remembering mass protests in Hong Kong

Journalism ◽  
2021 ◽  
pp. 146488492199953
Author(s):  
Donna Chu
Keyword(s):  
Hong Kong ◽  
Production Process ◽  
Collective Memory ◽  
Cultural Environment ◽  
Historical Events ◽  
Collective Memories ◽  
The Past ◽  
Professional Norms

In this study, 20 journalists who had worked on news about the anniversaries of mass protests in Hong Kong were interviewed. Given that most had been born after the historical events being commemorated, this paper aims to understand how young journalists comprehend and cover such old news. It also uncovers the journalistic processes behind the related anniversary journalism and discusses the role of journalism in constructing collective memory. The study traced how journalists normally do their research and what they consider in the production process. We found that journalists, as with other assignments, generally lack the time to conduct thorough research. Instead of venturing into hard facts or heated debates, most opted to focus on the personal and the emotional. For the personal, they relied on stories told by living witnesses and participants. For the emotional, they tapped into the cultural environment as well as their peers to determine appropriate feelings and moral tones. Professional norms compelled them to find new angles for old news and package the stories in ways that would engage and attract their audience. All of these factors shape how journalists tell the stories about the past; these stories in turn become new resources in the ‘inventory’ of collective memories.

scholarly journals The Rights and Obligations of Spouses in Islamic Classic Law

2013 ◽  
Vol 3 (2) ◽  
pp. 183
Author(s):  
Dr.Sc. Juelda Lamçe
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
The Third ◽  
The Past ◽  
Parent Relationship ◽  
The Law

Islamic Law, the third largest global legal system, next to Civil Law and Common Law, has been far -back subject of an increased interest to the academics.  Its main peculiarity is the absorption of theology in the law. There is no clear borderline between juridical and religious regulation. For this reason it is important to understand how certain legal institutes where regulated in the past. In fact, Islamic classic law despite its later evolution is considered the most authoritative legal source, because closest to the Divine Revelation.With regard to the rights and obligations of spouses, they’re conceived in terms of complementary, while their equality is interpreted in terms of moral and spiritual rights and obligations. In order to better comprehend their rights and obligations, it is necessary to analyze the different roles of gender inside the Islamic family.Given the premises, this paper will focus on specific rights and obligations between spouses and with regard to the child-parent relationship. In particular, it will treat the meaning of the supremacy or authority of the man to the woman; the rights and obligations that they have towards the children born in and out of wedlock; the questions on the practice of the polygyny.

scholarly journals Media and History: Discourse of Historical Responsibility in a Changing World

2021 ◽  
pp. 61-77
Author(s):  
А. Буллер ◽  
А.А. Линченко
Keyword(s):  
Collective Memory ◽  
Collective Memories ◽  
The Past ◽  
Historical Responsibility ◽  
Modern Media ◽  
Epistemological Status ◽  
Changing World

В статье проанализированы особенности трансформации аксиологических функций медиа в отношении общественных представлений о прошлом в контексте антагонистического, космополитического и агонического проектов коллективной памяти. Обосновывается мысль, что переход от антагонистического к космополитическому типу коллективных воспоминаний в прошлом столетии и обозначившийся в начале XXI в. поворот к элементам агонического типа способствуют трансформации функций медиа и повышению их аксиологического статуса как среды развертывания дискурса исторической ответственности. Это связано с усилением роли и значения медиа в качестве инструмента конструирования самого дискурса исторической ответственности, а также инструмента демаркации различных ценностных сред обращения к прошлому и их носителей – сообществ памяти. The article deals with actual problems of the transformation of the axiological functions of media in relation to public representations of the past in the context of antagonistic, cosmopolitan and agonistic projects of collective memory. The transition from the antagonistic to the cosmopolitan type of collective memories in the last century and the turn towards elements of the agonistic type that has emerged today contribute to the transformation of media functions. This transformation is associated with the strengthening not so much of their epistemological status as their axiological status in relation to the past. The axiological status of media is associated with understanding it as a significant environment for the deployment of the discourse of historical responsibility. Modern media act as a tool for constructing the very discourse of historical responsibility, as well as a tool for demarcating various value environments of referring to the past and their carriers - communities of memory.

scholarly journals The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights

2020 ◽  
Vol 1 (2) ◽  
pp. 139
Author(s):  
Ricky Tongam Marpahala Siahaan ◽  
Candra Perbawati ◽  
Ahmad Saleh
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Secondary Data ◽  
The State ◽  
Human Rights Violations ◽  
Legal Rules ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Government

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

scholarly journals The useful past in negotiation: Adolescents' use of history in negotiation of inter-group conflict

2017 ◽  
Author(s):  
Tsafrir Goldberg
Keyword(s):  
Collective Memory ◽  
Social Representations ◽  
Historical Documents ◽  
Formal Schooling ◽  
Historical Knowledge ◽  
Collective Memories ◽  
Group Relations ◽  
The Past ◽  
Collective Narratives ◽  
The Impact

Much of the concern with young people's historical knowledge centres on factual attainment or disciplinary skills. However, relatively little attention is paid to the relevance that young people attribute to history and how they use the past, and various social representations of history, to relate to the present. Research in this realm tends to emphasize the impact of collective memory narratives on individuals, rather than individuals' agency in using them. In this article, I will examine the ways 155 Jewish and Arab Israeli adolescents related the past to the present as they discussed the Jewish–Arab conflict and its resolution. Discussants made diverse references to the past: from family history, via biblical allusions and collective memories, to formal, schooling-based historical documents. Individuals used these references to the past to negotiate the present and future of inter-group relations. Furthermore, they made strategic use of references to others' narratives. Thus historical knowledge and collective narratives, which are usually perceived as constraining and structuring learners' perceptions, can be seen as repositories of resources and affordances.

Symbolic politics of public time and collective memory. The Polish case

2002 ◽  
Vol 10 (1) ◽  
pp. 115-129 ◽  
Author(s):  
ELZBIETA HALAS
Keyword(s):  
Collective Memory ◽  
Third Republic ◽  
The State ◽  
Symbolic Politics ◽  
State Identity ◽  
The Public ◽  
The Third ◽  
The Past ◽  
Symbolic Control ◽  
Public Holidays

Symbolic construction of the state identity is analysed, along with the symbolic politics of the state toward the past. The great systemic change is conceived as a symbolic transformation where the growth of semiotic behaviour is clearly noticeable. The analysis deals with the changes in the public holidays calendar in Poland: the communist symbolic strategies, symbolic politics of the Solidarity movement and the anti-politics of symbolization in the third Republic of Poland. It discusses problems of the symbolic control of historicity.

scholarly journals The law of bare life

2021 ◽  
Vol 72 (S1) ◽  
pp. 186-211
Author(s):  
Ian Ward
Keyword(s):  
British History ◽  
Bare Life ◽  
The Third ◽  
The Past ◽  
Uk Government ◽  
The Law ◽  
The Government ◽  
The Uk

2020 proved to be a remarkable year. Not the least remarkable was the realisation that, in a moment of perceived crisis, the instinctive response of the UK Government was to sweep away various so-called rights and liberties which might, in a calmer moment, have been presumed fundamental, and to rule by means of executive fiat. The purpose of this article is to interrogate both the premise and the consequence. Because, on closer inspection, there is nothing at all remarkable about how the Government reacted, for the same reason that there was little that was unprecedented about the experience of COVID-19. History is full of pandemics and epidemics, and government invariably acts in the same way. The first part of this article will revisit a particular theory of governance, again proved by history; that which brings together ‘bio-politics’ and the jurisprudence of the ‘exception’. The second part of the article will then revisit a prescient moment in British history; another disease, another panicked government, another lockdown. In the third, we will reflect further on the experience of COVID-19 and wonder what might be surmised from our foray into the past.

scholarly journals Collective memory of a dissolved country: Group-based nostalgia and guilt assignment as predictors of interethnic relations between diaspora groups from former Yugoslavia

2018 ◽  
Vol 5 (2) ◽  
pp. 588-607 ◽  
Author(s):  
Borja Martinovic ◽  
Jolanda Jetten ◽  
Anouk Smeekes ◽  
Maykel Verkuyten
Keyword(s):  
Collective Memory ◽  
Intergroup Relations ◽  
Former Yugoslavia ◽  
Ethnic Identification ◽  
Collective Guilt ◽  
Interethnic Relations ◽  
Collective Memories ◽  
Conflict Area ◽  
The Past ◽  
Group Identities

In this study we examined intergroup relations between immigrants of different ethnic backgrounds (Croats, Serbs, and Bosniaks) originating from the same conflict area (former Yugoslavia) and living in the same host country (Australia). For these (formerly) conflicted groups we investigated whether interethnic contacts depended on superordinate Yugoslavian and subgroup ethnic identifications as well as two emotionally laden representations of history: Yugonostalgia (longing for Yugoslavia from the past) and collective guilt assignment for the past wrongdoings. Using unique survey data collected among Croats, Serbs and Bosniaks in Australia (N = 87), we found that Yugoslavian identification was related to stronger feelings of Yugonostalgia, and via Yugonostalgia, to relatively more contact with other subgroups from former Yugoslavia. Ethnic identification, in contrast, was related to a stronger assignment of guilt to out-group relative to in-group, and therefore, to relatively less contact with other subgroups in Australia. We discuss implications of transferring group identities and collective memories into the diaspora.

scholarly journals Different Memories, Different Worlds

2021 ◽  
pp. 1-30
Author(s):  
James V. Wertsch
Keyword(s):  
World War Ii ◽  
Collective Memory ◽  
Narrative Approach ◽  
World War ◽  
National Community ◽  
The Third ◽  
The Past ◽  
National Memory ◽  
Strong Disagreement ◽  
American Memory

The chapter begins with an illustration of a “mnemonic standoff” between the author and Vitya, a Soviet friend from the 1970s, over the atomic bombing of Hiroshima. The two are stunned that they had such different accounts of “what really happened,” and this leads to three general questions: 1. How is it that there can be such strong disagreement between entire national communities about the past? 2. Why were Vitya and I so certain that our accounts of the events in 1945 were true? 3. What deeper, more general commitments of a national community led to the tenacity with which we held our views? The remaining sections of the chapter address why national memory, as opposed to other forms of collective memory, deserves special attention, what a “narrative approach” to national memory is, and how disciplinary collaboration is required to deal with such questions. It then turns to three illustrations that help clarify the conceptual claims. The first involves American and Russian national memory of World War II, the second focuses on differences between Chinese and American memory of the bombing of the Chinese embassy in Belgrade in 1999, and the third examines how Russian national memory is used as a lens for interpreting contemporary events in Russia and Georgia. Final sections of the chapter introduce the notion of narratives as “equipment for living” in national memory.

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