Binaifer Nowrojee and Regan Ralph.

One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.

This book focuses on the methodology of research on historical memory and contributes to theoretical discussions concerning the use of historical memory as a variable to explain political action and social movement. The chapters of the book conceptualize the relationship between historical memory and national identity formation, perceptions, and policy-making. The author particularly analyses how contested memory and the related social discourse can lead to nationalism and international conflict. Based on theories and research from multiple fields of studies, this book proposes a series of analytic frameworks for the purpose of conceptualizing the functions of historical memory. These analytic frameworks can help categorize, measure, and subsequently demonstrate the effects of historical memory. This book also discusses how to use public opinion polls, textbooks, important texts and documents, monuments and memory sites for conducting research to examine the functions of historical memory.

Law and the Politics of Memory: Confronting the Past examines law’s role as a tool of memory politics in the efforts of contemporary societies to work through the traumas of their past. Using the examples of French colonialism and Vichy, as well as addressing the politics of memory surrounding the Holocaust, communism and colonialism, this book provides a critical exploration of law’s role in ‘belated’ transitional justice contexts. The book examines how and why law has become so central in processes in which the past is constituted as a series of injustices that need to be rectified and can allegedly be repaired. As such, it explores different legal modalities in processes of working through the past; addressing the implications of regulating history and memory through legal categories and legislative acts, whilst exploring how trials, restitution cases, and memory laws manage to fulfil such varied expectations as clarifying truth, rendering homage to memory and reconciling societies. Legal scholars, historians and political scientists, especially those working with transitional justice, history and memory politics in particular, will find this book a stimulating exploration of the specificity of law as an instrument and forum of the politics of memory.

"Memory has fueled merciless, violent strife, and it has been at the core of reconciliation and reconstruction. It has been used to justify great crimes, and yet it is central to the pursuit of justice. In these and more everyday ways, we live surrounded by memory, individual and social: in our habits, our names, the places where we live, street names, libraries, archives, and our citizenship, institutions, and laws. Still, we wonder what to make of memory and its gifts, though sometimes we are hardly even certain that they are gifts. Of the many chambers in this vast palace, I mean to ask particularly after the place of memory in politics, in the identity of political communities, and in their practices of doing justice."—from the Preface W. James Booth seeks to understand the place of memory in the identity, ethics, and practices of justice of political communities. Identity is, he believes, a particular kind of continuity across time, one central to the possibility of agency and responsibility, and memory plays a central role in grounding that continuity. Memory-identity takes two forms: a habitlike form, the deep presence of the past that is part of a life-led-in-common; and a more fragile, vulnerable form in which memory struggles to preserve identity through time—notably in bearing witness—a form of memory work deeply bound up with the identity of political communities. Booth argues that memory holds a defining place in determining how justice is administered. Memory is tied to the very possibility of an ethical community, one responsible for its own past, able to make commitments for the future, and driven to seek justice. "Underneath (and motivating) the politics of memory, understood as contests over the writing of history, over memorials, museums, and canons," he writes, "there lies an intertwining of memory, identity, and justice." Communities of Memory both argues for and maps out that intertwining.

Memory is not a mere repository for past events. This was Henri Bergson's fundamental claim about consciousness. In distinguishing our psychic constitution by its sense of the past, Bergson differentiates our perception of time from a process in which one instant merely replaces another. While Bergson cast his ideas in terms of the biological sciences, his analysis did not neglect the moral impulse that accompanies the condensation of history with which we continuously live. Classifying human existence in this way bears on ethical and political questions. How such questions can plague the memory of a people and the entire human community is addressed in Justice and the Politics of Memory. The contributors explore the manner in which cultural and psychic violation undermine collective identity, and destroy traditions. They raise troubling questions on how recompense and reconciliation is possible after abominable wrongs have been systematically perpetrated against a community. Faced with the burden of memory, those committed to the righting of wrongs are faced with pursuing an elusive justice that sometimes includes levying reparations and memorializing horrific historical episodes. Guided by the muse of forgiveness, restoration and a more harmonious future are likely to be rooted in the sources of spirituality that had been previously eclipsed by the conquering and homogenizing historical processes. This volume includes Heribert Adam's "Collective Reckoning with a Criminal Regime," Jeffrey Olick's "Lessons from and for Germany," James Hatley's "Levinas, Witness and Politics," James E. Young's "Germany's Holocaust Memorial Problem--and Mine," Tim Giago's "Killing the Indian to Save the Child: The Near Death of Spirituality," Jordan B. Peterson's and Maja Djikic's "Running Ahead: You Can Neither Remember Nor Forget What You Do Not Understand," Derick Wilson's "Where Religion Confuses yet Faith Gives Hope: Conflict Resolution in Northern Ireland," and Leonard Kaplan's "Justice Perfected: Cinematic Exemplifications," and an introduction, "Morality and Memory," by the editor. Gabriel R. Ricci is associate professor in the department of philosophy at Elizabethtown College in Pennsylvania. He is the author of Time Consciousness: The Philosophical Uses of History, published by Transaction.

This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.