Suchergebnisse

Sociology, memory, and law : from Halbwachs to agents of memory -- Philosophy, memory, and law : the French four -- Collective memory, law, and theory : from human rights and international law to the concept of transitional justice -- Collective memory and law : three types of institutions -- The hidden power of law and memory intersections : from memory politics to a right to memory -- Placing soft legal institutions of memory within the new framework -- Placing medium legal institutions of memory within the new framework -- Placing Hard Legal Institutions of Memory within the New Framework.

"This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics"--

Introduction. Venturing to Find New Approaches to Heritage in Peril for the 21st Century -- Part I. Cultural Heritage Between Theory, the Past, and the Future -- Ruins as Cultural Heritage. Ethical and Aesthetic Considerations -- Finding the Intangible: Contested Cityscapes, Inclusive Cultural Heritage Determinations, Balancing Stakeholder Interests… Is Urban Property Law Up to the Challenge? -- Should Heritage be Preserved? Examining Contention Over Confederate Monument Removal -- Ruins and Heritages, the Great Mutation of China's Diplomacy in its Encounter with Europe in the 19th Century -- Cultural Heritage Law and NaturalCultural Paradigms within the Sustainable Development Discourse -- Adopting a Holistic Approach to Cultural and Natural Heritage Protection under the UNESCO World Heritage Convention -- Cultural Heritage and the Conservation and Insecurity Paradigms: International Law in the Pursuit of Social Cohesion -- NFT and Blockchain Technology for a Sustainable Future of Cultural Heritage -- The Virtual Museum: How Technology and Virtual Reality may Help Protect and Promote Cultural Heritage -- The Two Most Important 21st Century Disputes in Cultural Heritage Law -- Part II. Heritage Issues in Times of War and Conflict -- The Protection of Cultural Property in the Case of Armed Conflict: The State of Current and Future Developments in Military Doctrine -- Military Necessity as an Exception in the Context of Cultural Heritage Protection: Exploring the Role Played by the Proportionality Principle -- Cultural Heritage as a Neutral Party: The Role of Neutrality in the Protection of Cultural Heritage During Armed Conflict -- Mens Rea in International Criminal Law: A Look at Eichmann's Responsibility in the Light of Kant and Arendt -- Protecting Cultural Heritage in Times of War: A Study of the Gravity of Protection Rules vs the Weight of Violations -- To Break Their Will to Fight: The Weaponization of Heritage in Modern Irregular Warfare -- Heritage in War: International Criminal Responsibility for the Destruction of Cultural Heritage in Armed Conflict -- Destruction of Natural and Cultural Heritage during the Armed Conflicts: An International Law Perspective -- Facing Heritage Protection in Armed Conflicts, International Institutions and Civil Society -- Armed Non-State Actors and Cultural Heritage Protection under IHL -- Cultural Heritage and International Security through the role of ANSAs -- Part III. Heritage Issues in Times of Peace and Stability -- Law, Vague Legal Terms and Clothing as Everyday Culture -- Eat the Rich: A Rethinking of the Heritage-Crime-Development Nexus -- Mainstreaming Indigenous Peoples' Human Rights in the Protection of Cultural and Natural Heritage: The Role and Issues Surrounding of Relevant Global Governance Actors -- The Legal Process of Transformation: Exploring the Interactive Relationship between Cultural Heritage and Geographical Indications (GIs) -- Gender, Traditional Cultural Expressions, and Intellectual Property: Exploring Women's Empowerment and Cultural Production in Zambia -- Folk Art and Stylized Folk Art from the Perspective of Intellectual Property Law. Analysis of the Example of Two Polish Folk Song and Dance Ensembles, 'Mazowsze' and 'Śląsk' -- Part IV. Heritage as a Right: From the Fight for Preserving the Past to the Questions of Restitution -- Shrouds of Silence: Dismantling of the Heritage Sites of Middle Eastern Minorities as de facto Erasure of History -- The Consequences of Violence against Women and Children in Armed Conflicts for their Intangible Cultural Heritage. A Diachronic Perspective of Universal Rights of Women -- Cultural Heritage: A Critical Element of the Right to Education and the Right to Identity of Children in Armed Conflict -- Legal Obstacles to Claims for Restitution of Cultural Objects Removed as Spoils of War -- Cultural Heritage Law in the Dock: Protecting Cultural Objects in Un-recognized States and Governments -- Cultural Treasures and their Place of Origin: Crimean Treasures return to Kyiv -- Performing Special Protection: Cultural Heritage in PostWar Kosovo -- Conclusions. Heritage in War and Peace -- Afterword. Return to the First Seminar: Protecting an Invaluable Heritage. The Egyptian Case.

"Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe. Although the various countries of Central and Eastern Europe have often compared themselves to the West, the failure of these countries to engage with one another has resulted in a whole spectrum of legal identities remaining hidden. This book takes up a comparison of such identities within the region of Central and Eastern Europe, and following from the prima facie similarity between the region's countries, given the experience of communism and legal transfers. The book thereby illuminates, through comparisons, the distinct legal identities of the 16 Central and Eastern European states; whilst, at the same time, arguing for a shared Central and Eastern European legal identity. This book will appeal to scholars and students in the area of comparative law, as well as lawyers, political scientists, sociologists and historians with particular interests in Central and Eastern Europe"--

"Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe. Although the various countries of Central and Eastern Europe have often compared themselves to the West, the failure of these countries to engage with one another has resulted in a whole spectrum of legal identities remaining hidden. This book takes up a comparison of such identities within the region of Central and Eastern Europe, and following from the prima facie similarity between the region's countries, given the experience of communism and legal transfers. The book thereby illuminates, through comparisons, the distinct legal identities of the 16 Central and Eastern European states; whilst, at the same time, arguing for a shared Central and Eastern European legal identity. This book will appeal to scholars and students in the area of comparative law, as well as lawyers, political scientists, sociologists and historians with particular interests in Central and Eastern Europe"--