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Ever again: legal remembrance of administrative massacre. (use of criminal prosecution to affect collective memory of state-sponsored murder)
- Article from:
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University of Pennsylvania Law Review
- Article date:
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December 1, 1995
- Author:
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Copyright informationCOPYRIGHT 1995 University of Pennsylvania, Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Criminal prosecution has become a way to influence collective memory in cases of state-sponsored mass murders, but such efforts call for a degree of dramatization that conflicts with the traditional functions of criminal law. Some issues include abrogation of defendants' rights in the interests of social solidarity, possible distortions of historical understanding, and dangers of such cases as precedent or analogy. The responsibility and guilt may be too widespread. In addition, there may be problems in attempting to deliberately construct collective memory, and dishonesty may be required. Examples from Germany, France, Japan, Israel and Argentina are discussed.
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