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History trials: Can law decide history?

Douzinas, Costas
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Abstract
This article examines the relationship between law and historiography. Law played a central role in the creation of the nation-state. Historiography also narrates the victories and sacrifices of the nation and constructs its “imagined community.” Recently, court hearings are increasingly used for history authentication. Developing Hannah Arendt's argument in Eichmann in Jerusalem, the article argues that legal proceedings are not suitable for clarifying the historical record.
Keywords
history, trials, critical legal theory, Arendt, Eichmann in Jerusalem
Date
2012
Type
Journal article
Journal
Annual Review of Law and Social Science
Book
Volume
8
Issue
Page Range
273-289
Article Number
ACU Department
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Open Access Status
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