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In this issue
(2018)
In this issue (1/2019)
(2019)
It is said that William Brennan, the great US Supreme Court Justice, liked to greet his incoming law clerks with a bracingly simple definition of constitutional doctrine: five votes. ›You can’t do anything around here‹, Brennan would say, wiggling the fingers of his hand, ›without five votes.‹1 While memorable, Brennan’s definition was not entirely original. Seventy-five years before Brennan’s elevation to the high court, the jurist Oliver Wendell Holmes Jr. famously wrote: ›The life of the law has not been logic; it has been experience [...]. The law […] cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.‹2 Some years later, Holmes returned to this idea, writing: ›The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.‹3 Statements such as Brennan’s and Holmes’ found elaboration in the American jurisprudential movement known as ›legal realism‹. One of its most influential and articulate exponents was the law professor Karl Llewellyn (1893–1962). Trained at Yale Law School, and on the faculty of Columbia, Llewellyn had a foot in the two institutions most prominently associated with the realist movement.
In this Issue
(2020)
This article reassesses the emergence of human rights advocacy in 1970s West Germany from the perspective of memory politics. Focusing on the campaigns against political violence in South America, the article first traces the boom and bust of antifascist activism against the Chilean junta in the early 1970s. It then analyzes the displacement of abstract antifascist discourses by a more humanitarian human rights talk closely intertwined with concrete references to National Socialist crimes. Taking the perspective of grassroots advocates, this article explores how and why activists referenced the crimes of Nazism to defend human rights in the present. Finally, the article moves beyond the claim that human rights politics were minimalistic and even anti-antifascist, by showing how some human rights activists continued to think of themselves as antifascists. They infused antifascism with entirely new meanings by recovering the 20 July 1944 assassination attempt against Hitler as an acceptable example of anti-government violence.
›1948‹ is a key concept in Israeli identity discourse. A signifier of the violent clashes that took place at the end of the British Mandate in Palestine (between the fall of 1947 and the spring of 1949), it encompasses both the foundation of a democratic Jewish nation-state and the destruction of numerous Palestinian communities during the Israeli ›War of Independence‹ and thereafter. The Nakba, the Palestinian catastrophe, could not be overlooked by Israel’s ›generation of 1948‹ and those that succeeded it: it was present in the deserted fields and houses now occupied by Israelis, in the names of the streams, hills and roads Israelis now visited during military drills or school field trips, and in the frequent encounters with Arab ›infiltrators‹ who sought to return to their abandoned homes and lands.1 The mass expulsion and the killings of Arab civilians by Jewish forces were regularly discussed and debated by Israeli politicians, intellectuals, journalists and artists in the ensuing decades.2 Yet with few exceptions, Israeli historians and politicians have seemingly effortlessly merged these atrocities with a commonly accepted ›narrative‹ by, for example, attributing them to rogue, marginal, right-wing militias; depicting cases of expulsion as sporadic and spontaneous events; or justifying them as ad hoc measures taken against the initiators of the violence during the war.
The International Tracing Service archives offer process-generated documents from resettlement programs for displaced persons (DP) after World War II. This paper addresses two key challenges to ongoing research based on those archival holdings: the generation of data; and the visual representation of that data in geographic information systems. Digital history offers the opportunity to go beyond case studies and use the wealth of process-generated documents as se- rial sources for algorithm-based analysis. However, data in that form does not exist as such, and thus needs to be generated – a process that implies interpre- tative acts such as abstraction, normalization, and trans-coding, which are shaped by the character of digital media. Can modeling a DP’s life into a series of events, and digitally processing the resultant data, help to find out more about the agency of DPs negotiating their destiny with the authorities? If the mostly hidden and implicit configurations of digital knowledge production are thoughtfully considered and geostatistical analysis is combined with close readings of selected source documents, hermeneutic and quantitative ap- proaches can be reconciled via digital history. This mixed method approach has implications for research culture and the publication of such data.
By analysing oral history interviews with industrial workers in Poland, this article adds some nuance to the study of post-industrial and post-socialist nostalgia. It presents diverse vernacular memories of the post-1989 systemic change from state socialism to neoliberal capitalism, and shows that nostalgia for an industrial ›golden age‹, although significant, is not the only way of making sense of this change. Rather, a distinctive feature of vernacular memory is the ambiguity about both socialism and capitalism. Recognising the variety of memories, the article underlines the critical potential of nostalgic currents for highlighting what is felt to be wrong with contemporary work culture. The article also differentiates between the vernacular memories of industrial communities recorded in oral history and institutionalised political memories in order to stress that the critical potential of nostalgic memories has been largely absent in the latter. In Poland, nostalgia for industrial life has been given little opportunity to become a reflective and critically useful mechanism to protect values that remain relevant in the present, such as the importance of sociability and agency in the workplace.
Beyond Nostalgia and the Prison of English. Positioning Japan in a Global History of Emotions
(2021)
This article interrogates the history of emotions at a pivotal moment in its growth as a discipline. It does so by bringing into conversation the ways in which scholars in Japan have approached ›nostalgia‹ (and emotions more broadly) as an object of study with concepts, theories, and methods prioritised by a predominantly Eurocentric field. It argues that Anglocentric notions of nostalgia as conceptual frameworks often neglect the particularisms that underlie the way that the Japanese language communicates and operationalizes cultural norms and codes of feeling. It also examines the aisthetic work of musicologist Tsugami Eisuke to help understand historical and psychological distinctions between ›nostalgia‹ and Japanese ideas of temporal ›longing‹, working towards a global history of emotions that meaningfully embraces multilateral and multi-lingual interaction. This article thus argues for a more nuanced way of discussing nostalgia cross-culturally, transcending dominant approaches in the field which are often grounded in a specifically Euro-Western experience but claim universal reach.