Abstract

This paper considers the relationship between law and historical memory. It adopts the idea that the ordering of memory is intrinsic to the law so that the latter impliedly and expressly pronounces its approval of certain State-approved versions of history. It is in this sense that the phrase ‘memory law’, connoting statutory regulation of expression on a traumatic episode, neglects the variety of forms, sources and sites of legal remembrance. Using the term ‘legal memory’, this paper examines and calls for greater comparative attention to the constituent, implied and amnesic ways in which law orders historical memory.

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