The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law's limited repertoire for assembling the archive after 'the disaster'. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or 'storehouse' of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law's authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence.

This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law's archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an 'archive', this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence, ' posited by the liberal legal state. It thereby uncovers law's counter-archive as a challenge to established forms of representing and responding to violence.

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Yes, you can access Law, Memory, Violence by Stewart Motha, Honni van Rijswijk, Stewart Motha, Honni van Rijswijk in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher

Routledge

Year

2016

ISBN

9781317569206

Edition

Topic

Law

Subtopic

Law Theory & Practice

Index

Law

Cover
Half Title Page
Title Page
Copyright Page
Contents
Notes on contributors
Acknowledgements
Introduction: A counter-archival sense
1 A counter-archival sensibility: Picking up Hannah Arendt’s ‘Reflections on Little Rock’
2 Listening to the archive: Failing to hear
3 (Un)remembering: Countering law’s archive – improvisation as social practice
4 Animating the archive: Artefacts of law
5 The file as hypertext: Documents, files and the many worlds of the paper state
6 Counter-archive as staging dissensus
7 Constitutions are not enough: Museums as law’s counter-archive
9 The conspiracy archive: Turkey’s ‘deep state’ on trial
10 Making a treaty archive: Indigenous rights on the Canadian development frontier
11 Schmitt’s Weisheit der Zelle: Rethinking the concept of the political
Index