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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)
How are people made into subjects, and how do they make themselves into subjects? - asks Wiebke Wiede and presents in the article the most important theoretical approaches to the functioning of "subjectification" in the 20th century. Subjects constitute themselves in historical space and are subject to institutional structures and subject definitions that are historically contingent. Accordingly, the cultural orientation needs of our present are also reflected in subject theories.
The Nazi occupation of large parts of Europe destroyed cities, towns, villages and entire landscapes. Every year on 10 of June, the French village of Oradour-sur-Glane commemorates the massacre that transformed the village into a scenery of ruins. The day has a resonance of death and horror in the Czech village of Lidice alike.
“Legacy in Stone” is tantamount to a time machine back through Syria’s historical landscape: a scenery that cannot be experienced again. Bubriski’s black and white photographs are moving messages from the past, sent into a future that has not yet been resolved. Since March 2011, images of destruction, death and terror coming from Syria have been flooding news broadcasts and social media feeds. Kevin Bubriski’s photographs taken back in 2003 are testimonies of what once existed.
As a photographer, artist and expert in geopolitics, Emeric Lhuisset has a remarkable understanding of human tragedies and areas of conflict. Through his projects in various areas of conflict he opposes the abridged representation of these tragedies; shows hidden aspects of wars; and invites us to re-think war through art. The work of Lhuisset takes up historical and political narratives in their context. The following two projects by Emeric Lhuisset recall tragedies and intervene in spaces where drastic events have taken place.
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.