Overview
- The book contains comparative legal analysis, a study of the dynamics of criminalization and an in-depth analysis of the trade-off and tensions between memory and oblivion, punishment and forgiveness, and between national and universal (international) dimensions
- It offers a large and complete comparative description of the criminalisation of denialism
- It combines a large interdisciplinary spectrum with a strict criminal law methodology
Part of the book series: International Criminal Justice Series (ICJS, volume 19)
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About this book
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 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).
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Keywords
Table of contents (5 chapters)
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Front Matter
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Historical Denialism as a Criminal Offence: Origins and Development
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Front Matter
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Denialism in Practice
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Front Matter
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Back Matter
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Memory and Punishment
Book Subtitle: Historical Denialism, Free Speech and the Limits of Criminal Law
Authors: Emanuela Fronza
Series Title: International Criminal Justice Series
DOI: https://doi.org/10.1007/978-94-6265-234-7
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press and the author 2018
Hardcover ISBN: 978-94-6265-233-0Published: 08 March 2018
eBook ISBN: 978-94-6265-234-7Published: 27 February 2018
Series ISSN: 2352-6718
Series E-ISSN: 2352-6726
Edition Number: 1
Number of Pages: XXXIX, 217
Topics: International Criminal Law , Criminal Law and Criminal Procedure Law, European Law, Human Rights, International Humanitarian Law, Law of Armed Conflict, Human Rights and Crime