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  • © 2018

Memory and Punishment

Historical Denialism, Free Speech and the Limits of Criminal Law

Authors:

  • 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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Table of contents (5 chapters)

  1. Front Matter

    Pages i-xxxix
  2. Historical Denialism as a Criminal Offence: Origins and Development

    1. Front Matter

      Pages 1-1
  3. Denialism in Practice

    1. Front Matter

      Pages 71-71
    2. Criminal Law and Memory

      • Emanuela Fronza
      Pages 73-124
    3. Criminal Law and Free Speech

      • Emanuela Fronza
      Pages 125-156
    4. Conclusion

      • Emanuela Fronza
      Pages 157-178
  4. Back Matter

    Pages 179-217

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).

Authors and Affiliations

  • Department of Legal Sciences, Alma Mater Studiorum Università di Bologna, Bologna, Italy

    Emanuela Fronza

About the author


Bibliographic Information

Buy it now

Buying options

eBook USD 109.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 139.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access