Holocaust Denial and the Law

1. Front Matter

   Pages i-xi

   PDF

2. Introduction

   1. Introduction

      • Robert A. Kahn

      Pages 1-9

3. The Dilemma of Proof

   1. Front Matter

      Pages 11-12

      PDF

   2. Adversarialism, Inquisitorialism, and Judicial Notice

      • Robert A. Kahn

      Pages 13-44

   3. The Holocaust as Hearsay?

      • Robert A. Kahn

      Pages 45-59

4. The Dilemma of Trial Uncertainty

   1. Front Matter

      Pages 61-63

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   2. Holocaust Denial, German Judges, and Political Scandal

      • Robert A. Kahn

      Pages 65-83

   3. Taking The Blame for R. V. Zundel

      • Robert A. Kahn

      Pages 85-99

   4. The Limits of Symbolic Legislation—The Gayssot Law

      • Robert A. Kahn

      Pages 101-118

5. The Dilemma of Toleration

   1. Front Matter

      Pages 119-120

      PDF

   2. A Panacea of Toleration?

      • Robert A. Kahn

      Pages 121-135

   3. The Hidden Benefit of Criminal Sanctions

      • Robert A. Kahn

      Pages 137-152

   4. Conclusion

      • Robert A. Kahn

      Pages 153-160

6. Back Matter

   Pages 161-207

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From 1978-1996 Holocaust denial emerged as a major concern for the liberal democracies of Europe and North America. This period also saw the first prosecutions of Holocaust deniers. But these prosecutions often ran into trouble. Holocaust Denial and the Law relates how courts in four countries (Canada, France, Germany and the United States) resolved the dilemmas posed by Holocaust-denial litigation. It also describes how, in the United States, student editors had to decide whether to run ads denying the Holocaust. The book concludes that a given country's resolution of these dilemmas turns on its specific legal traditions and historical experiences.

• Auschwitz
• democracy
• Europe
• France
• Holocaust
• immigration
• migration

"Holocaust Denial and the Law is a very fine and impressive piece of work that deserves a wide audience. The book is very well-written, meticulously researched, and well-organized: it reads like a book, something one can rarely say these days about academic publications. Kahn makes a substantial contribution to the field of Holocaust denial studies with this elegant text about comparative criminal procedure." - Lawrence Douglas, Author of The Memory of Judgment: Making Law and History in the Trials of the Holocaust

"Robert Kahn has written an important book on an important subject." - Anthony Julius, counsel for Deborah Lipstadt in the libel suit brought against her by David Irving"An incisive read into one of the thorniest problems of expression and interpretation of history. It is extensively researched and carefully written... Kahn writes the severity and complexity of the problem with clarity, painstakingly explaining every narrative, legal provision, code and related symbolic representation in the legal studies lucidly." - Rohee Dasgupta, Keele University

ROBERT A. KAHN earned his Ph.D. in Political Science from Johns Hopkins University in 2000. He also holds a law degree from New York University School of Law and spent a year in Berlin as a Social Science Research Council Berlin Program Fellow. His articles have appeared in Patterns of Prejudice and the George Mason Civil Liberties Law Journal. After receiving his Doctorate, Dr. Kahn taught comparative law and politics at Connecticut College. He is currently an Instructor of Law at Brooklyn Law School, USA.

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