Description: History, Memory, and the Law (The Amherst Series in Law, Jurisprudence, and Social Thought) Author: Austin Sarat Title: History, Memory, and the Law (The Amherst Series in Law, Jurisprudence, and Social Thought) Publisher: University of Michigan Press Place: Ann Arbor Date: 1999 Binding: Hardcover Edition: First ed. Pages: 328 ISBN: 0472110454 Condition: dj Tear, light shelfwear Book No: 588 Details: From the inside flap The Amherst Series in Law, Jurisprudence, and Social Thought explores how law confronts the changing social and intellectual currents of the late twentieth century. This latest collection, History, Memory, and the Law, examines law as an active participant in the process through which history is written and memory is constructed. Instead of seeing law as a "victim" of history, the writers view law as an author of history not just in the instrumental sense in which law can be said to make a difference in society, but in the ways that law constructs and uses history. Law looks to the past as it speaks to present needs. In producing supposedly definitive statements of what the law is in the form of judicial opinions, law reconstructs its own past, tracing out lines of precedent to their "compelling" conclusion. These essays consider how law treats history, how history appears in legal decisions, and how the authority of history is used to authorize legal decisions. Furthermore, law plays a role in the construction of memory. The writers ask how and where law remembers as well as how and where it helps us to remember. Law in the modern era is one of the most important of our society's technologies for preserving memory. Law holds a crucial role in knitting together our past, present, and future. This volume presents grounded examinations of particular problems, places, and practices and addresses the ways in which memory works in and through law, the sites of remembrance that law provides, and the battles against forgetting that are fought in and around those sites. The writers also inquire about the way history is mobilized in legal decision making, the rhetorical techniques for marshalling and for overcoming precedent, and the different histories that are written in and through the legal process. _gsrx_vers_625 (GS 6.9.7 (625))
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ISBN: 0472110454
Special Attributes: 1st Edition
Format: Hardcover
Language: English
Publication Year: 1999