This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.

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.

Cover -- Title -- Copyright -- Contents -- Acknowledgements -- Notes on contributors -- Introduction: injustice, memory and faith in human rights -- PART I Moments of memory and injustice -- 1. Ghosts of war crimes past: an account from the frontline in Bangladesh -- 2. Modern Islamic memory and the ISIS 'caliphate' -- 3. Peace and reconciliation in Northern Ireland: the case of Irish nationalism -- 4. Selecting the memory, controlling the myth: the propaganda of legal foundations in early modern drama -- 5. Sin carries the penance: the Spanish Civil War's conflicts of guilt and justice -- PART II Addressing injustice -- 6. Beginning anew: exceptional institutions and the politics of ritual -- 7. Promoting reconciliation and protecting human rights: an underexplored relationship -- 8. Human rights as acts of faith: universal jurisdiction and the Law of Historical Memory in Spain -- 9. The right to historical truth and historical memory versus historical revisionism and denialism: a human rights analysis -- PART III Questions of faith -- 10. Misplaced faith? Implementing Spain's 2007 Reparation Law -- 11. Faith, justice and Catholic public memory: the politics of reconciliation in Australia and New Zealand -- 12. A pastoral care for reconciliation? Spanish Catholic bishops and historical memory during the Zapatero era (2004-2011) -- 13. The Australian Christian churches and the Aboriginal reconciliation process: public religion and its limitations -- Conclusion: Varosha, a memorial to conflict -- Index

Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

Many Christians believe we need to choose between fighting injustice and communicating the good news of Jesus Christ. But what if failing to speak the truth is ultimately the greatest injustice of all? If we truly believe the human heart is the source of injustice and the gospel is the only real solution, shouldn’t sharing the gospel’s transforming truth be our highest priority? With his thoughtful, accessible style, Rice Broocks explores why knowing the gospel is, in fact, every person’s greatest right—and therefore the greatest justice issue of our time.Drawing on contemporary stories and rich historical sources, The Human Right answers the question, What is truth? frames evangelism as a human rights issue, explains why secularism lacks the foundation to ground human rights, gives evidence for the existence of the human soul, and describes how the Bible has shaped the modern world. The Human Right urges us persuasively toward a renewed conviction that our ultimate calling is to proclaim the gospel—the only truth that has the power to change our world, to change us, from the inside out.

The field of memory studies has typically focused on everyday memory and commemoration practices through which we construct meaning and identities. The Right to Memory looks beyond these everyday practices, focusing instead on how memory relates to human rights and socio-legal constructs in order to legitimize and protect groups and individuals. With case studies including Polish Holocaust Law, the Indian origins of Amartya Sen’s capability theory approach, and the right to memory through digital technologies in Brazilian and British museums, this collected volume seeks to establish the right to memory as a foundational topic in memory studies.

This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on. Winner of the Constantinos Emilianides Award in Law for 2020 (joint conferment).

This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.

From the French Revolution to Vatican II, the institutional Catholic Church has opposed much that modernity has offered men and women constructing their societies. This book focuses on the experiences of German Catholics as they have worked to engage their faith with their culture in the midst of the two world wars, the barbarism of the Nazi era, and the uncertainties and conflicts of the post-World War II world.German Catholics have confronted and challenged their Church's anti-modernism, two lost wars, the Weimar Republic, the Nazi Third Reich, the Cold War, German reunification and the impulses of globalization. Catholic theologians and those others nurtured by Catholicism, who resisted Nazism to create their own private spaces, developed a personal and existential theology that bore fruit after 1945. Such theologians as Karl Rahner, Johannes Metz, and Walter Kasper, were rooted in their political experiences and in the renewal movement built by those who attended Vatican II. These theologians were sensitive to the horrors of the Nazi brutalization, the positive contributions of democracy, and the need to create a Catholicism that could join the conversation on human rights following World War II. This dialogue meant accepting non-Catholic religious traditions as authentic expressions of faith, which in turn required that the sacred dignity of every man, woman, and child had to be respected. By the twenty-first century, Catholic theologians had made furthering a human rights agenda part of their tradition, and the German contribution to Catholic theology was crucial to that development. The current Catholic milieu has been forged through its defensive responses to the Enlightenment, through its resistance to ideologies that have supported sanctioned murder, and through an extensive dialogue with its own traditions.In focusing on the German Catholic experience, Dietrich offers a cultural approach to the study of the religious and ethical issues that ground the hum