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This book offers the first detailed examination of the law's response to the crimes of the Holocaust. In offers a fascinating study of five exemplary proceedings-the Nuremberg trial of the major Nazi war criminals, the Israeli trials of Adolf Eichmann and John Demjanjuk, the French trial of Klaus Barbie, and the Canadian trial of Holocaust denier Ernst Zundel. These trials, the book argues, were 'show trials' in the broadest sense: they aimed to do justice both to the defendants and to the history and memory of the Holocaust. Douglas explores how prosecutors and jurors struggled to submit unprecedented crimes to legal judgment, and in so doing, to reconcile the interests of justice and pedagogy. Against the attacks of such critics as Hannah Arendt, Douglas defends the Nuremberg and Eichmann trials as imaginative, if flawed, responses to extreme crimes. By contrast, he shows how the Demjanjuk and Zundel trials turned into disasters of didactic legality, obfuscating the very history they were intended to illuminate. In their successes and shortcomings, Douglas contends, these proceedings changed our understandings of both the Holocaust and the legal process-revealing the value and limits of the criminal trial as a didactic tool.
Holocaust, Jewish (1939-1945) --- War crime trials --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Historiography. --- Auschwitz-Lüge. --- Collectief geheugen. --- Guerre mondiale, 1939-1945 --- Holocaust. --- Judenvernichtung. --- Kriegsverbrecherprozess. --- Krigsförbrytare - andra världskriget 1939-1945. --- Krigsförbrytartribunaler. --- Nürnberger Prozesse. --- Nürnbergprocessen 1945-1946. --- Oorlogsmisdadigers. --- Procès (Crimes de guerre). --- Strafprocessen. --- War crime trials. --- War crimes trials. --- World War, 1939-1945 --- Atrocités. --- Atrocities. --- Barbie, Klaus. --- Eichmann, Adolf. --- Zündel, Ernst. --- Holocaust, Jewish (1939-1945). --- 1939-1945. --- Europe.
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Essays originally presented at a conference entitled Law's Moving Image, held April 11-12, 2003, at Amherst College.
Justice, Administration of, in motion pictures --- Music, Dance, Drama & Film --- Film --- Motion pictures
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Holocaust, Jewish (1939-1945) --- 341.48 --- 943.086 --- Genocide --- Jews --- World War, 1939-1945 --- Kindertransports (Rescue operations) --- Catastrophe, Jewish (1939-1945) --- Destruction of the Jews (1939-1945) --- Extermination, Jewish (1939-1945) --- Holocaust, Nazi --- Ḥurban (1939-1945) --- Ḥurbn (1939-1945) --- Jewish Catastrophe (1939-1945) --- Jewish Holocaust (1939-1945) --- Nazi Holocaust --- Nazi persecution of Jews --- Shoʾah (1939-1945) --- Persecutions --- Atrocities --- Jewish resistance --- Nazi persecution --- Génocides --- Volkenmoorden --- Congresses --- Holocauste, 1939-1945 --- Congrès --- Holocaust, Jewish (1939-1945) - Congresses --- JUIFS --- HOLOCAUSTE JUIF (1939-1945, SHOAH) --- EXTERMINATION (1939-1945) --- HISTORIOGRAPHIE --- MEMOIRE --- Joden --- Geschiedenis van de twintigste eeuw
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A provocative collection of essays that reveals how the law takes its definition from what it excludes.
Insanity (Law) --- Law --- Criminal insanity --- Insanity --- Insanity (Jurisprudence) --- Lunacy (Law) --- Mental illness --- Mentally ill --- Capacity and disability --- Insanity defense --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Psychological aspects. --- Law and legislation --- Legal status, laws, etc. --- Psychology
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Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.
Privacy, Right of. --- Privacy, Right of --- Invasion of privacy --- Right of privacy --- Civil rights --- Libel and slander --- Personality (Law) --- Press law --- Computer crimes --- Confidential communications --- Data protection --- Right to be forgotten --- Secrecy --- Law and legislation
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The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes.The first half of the work examines the role of secrecy in contemporary political and legal practices-including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on te
Law and secrecy. --- Law in literature. --- Secrecy in literature. --- Secrecy and law --- Secrecy --- Law and secrecy --- Law in literature --- Secrecy in literature --- E-books
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Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
Jurisprudence. --- War (International law) --- Hostilities --- International law --- Neutrality --- Law --- Philosophy
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