Literatura en el espacio público : Rivas y su obra: un punto de inflexión en la recuperación de la memoria histórica

Tras una revisión diacrónica del tratamiento del tema de la guerra civil en la narrativa gallega, el artículo analiza la función performativa que en ese contexto han desempeñado una serie de obras narrativas de Manuel Rivas y su eficacia como factores de legitimación y dinamización del proceso de recuperación de la memoria histórica. Como conclusión se propone considerar a Rivas como un emprendedor de la memoria (Jelin) y sus obras como 'lieux de memoire' (Nora) por su condición de artefactos culturales de integración social.

Aspectos cognitivos en torno a la novela y el cine de la memoria histórica: "La voz dormida" de Dulce Chacón y su adaptación fílmica

Culture, history, and biology are inseparable. Cultural manifestations are necessarily immersed in a context, originate in the embodied minds that create them, and are directed to the embodied minds that receive them and recreate them within their contexts (individual and collective). The novel and the film of historical memory in Spain aim to connect their audiences with a problem that has not been solved, as the Civil War, the postwar, and the pact of forgetfulness left a wide sector of the Spanish society voiceless. During the last few years, a series of initiatives coming from the arts, as well as other realms such as the legal, have sought to reexamine the unhealed wound that still haunts Spanish subjects. La voz dormida [The Sleeping Voice] is one of those initiatives. It begins as testimony, develops into a hybrid and intertextual novel, and later becomes a film. It constitutes an inclusive project, one of offering an alternative version to the “official history”, while incorporating the marginal voices of women that had been left out of the memory of the war and the dictatorship. Objective and Results By examining both the literary and the cinematic versions of Chacón’s work I aimed to evidence the connections that exist between the artistic portrayal of the postwar repression (particularly how it affects women) and the current movement of recovery of historical memory in Spain. Specifically, I was interested in showing how both the novel and the film employ a series of narrative strategies that emphasize the body and intentionality, with the purpose of creating in readers and spectators an empathetic response that may lead to prosocial behavior. In order to carry out this interdisciplinary study, which relates fiction, mind, and socio-historical context, I draw on cognitive theories of literature and film, as well as theories from social and developmental psychology, such as the Richard Gerrig’s theory of narrative experience, Keith Oatley’s psychology of fiction, Suzanne Keen’s theory of narrative empathy, and the empathy-altruism hypothesis, derived form the ideas of Jean Decety, among others...

Estudio de caso del análisis de los alcances y limitaciones frente a la justicia, verdad y reparación de las víctimas de las masacres de Trujillo, Valle del Cauca y el Salado, Bolívar

Colombia ha sido escenario de disputas violentas por poder político y económico entre diferentes sectores. Del mismo modo, el país también ha manifestado una debilidad muy significativa en cuanto a su memoria histórica, hecho que se ha traducido en la segmentación del país entre quienes tienen conocimiento y conciencia acerca del conflicto interno armado y aquellos que parecen considerarlo como una serie de eventos violentos que se da en un contexto ajeno, en una suerte de país paralelo. Por lo tanto, el interés de este trabajo es el de participar en la construcción de una memoria histórica que permita al lector evidenciar y dimensionar el alcance de las acciones gubernamentales en relación a la verdad, justicia y reparación de las víctimas de violaciones a los derechos humanos

Historical Dialogue and Memory in Organisational Transition: the case of the Police in Northern Ireland

During Northern Ireland’s transition towards peace the role of the police as an actor in the conflict has been a key point of contention. As such, the reform of policing has been central to conflict transformation. Within this process, the role of dialogue about what policing had been and could be in the future has been vital. Such institutional post violence change processes have been hugely significant in illustrating both organisational resistance to change and the need for transitions to be powerfully manoeuvred through complex, political, organisational and cultural processes (Buchanan and Badham 1999; Pettigrew 2012). The radical and reforming nature of policing transition (Murphy 2013) has been both organisationally challenging (requiring significant transformational leadership, resourcing and external engagement from wider civic society) and politically unusual. Indeed, in a society emerging from violence the NI police are the only public sector organisation to have engaged structurally and culturally in understanding the point at which their core roles intersected with the ‘management’ of the conflict in NI generally. This paper presents an analysis of the role of historical dialogue in organisational change process, using the RUC / PSNI case. It proposes that historical dialogue is not just an external, societal process but also an internal organisational process and as such, has implications for managing institutional change in societies emerging from conflict. In doing so, it builds theoretical links between literature on conflict transformation and that on organisational memory and empirically explores messaging internal to the RUC before and during the four main periods of organisational change (Murphy 2013), with dialogue aimed at an external audience. It offers an analysis of how historical dialogue itself impacts on and is impacted by the organisational realities of change itself.

Historical Dialogue and Memory in Policing Change: the Case of the Police in Northern Ireland

This paper explores the complex relationship between organisational change and historical dialogue in transitional societies. Using the policing reform process in Northern Ireland as an example, the paper does three things: the first is to explore the ways in which policing changes were understood within the policing organisation and ‘community’ itself. The second is to make use of a processual approach, privileging the interactions of context, process and time within the analysis. Thirdly, it considers this perspective through the relatively new lens of ‘historical dialogue’: understood here as a conversation and an oscillation between the past, present and future through reflections on individual and collective memory. Through this analysis, we consider how members’ understandings of a difficult past (and their roles in it) facilitated and/or impeded the organisations change process. Drawing on a range of interviews with previous and current members of the organisation, this paper sheds new light on how institutions deal with and understand the past as they experience organisational change within the a wider societal transition from conflict to non-violence.

One year of Ukraine’s De-communisation. A change in the historical narrative. OSW COMMENTARY NUMBER 211/16.05.2016

A year ago, the Parliament of Ukraine adopted four bills on the policy of national memory: on granting access to the archives of the repressive organs of the Communist totalitarian regime in the years 1917–1991, on the legal status and commemoration of Ukrainian independence fighters in the twentieth century, on the immortalisation of the victory over Nazism in the Second World War, 1939–1945, and on the condemnation of the Communist and National Socialist (Nazi) totalitarian regimes and the forbidding of their symbolism from being promoted. The laws came into force on 21 May 2015. After a year, it can be stated that only the latter two are being observed – the official narrative regarding World War II has been changed, mainly due to the activity of the Ukrainian Institute of National Remembrance (UINR), but also as a result of public statements by President Petro Poroshenko. The process of removing from public places the names and commemorations referring to the Soviet era is underway, and the fears that this may trigger serious conflicts have not proved true. From roughly a thousand placenames subject to de-communisation some two thirds have been changed so far (parliamentary bills regarding the remaining ones are awaiting approval) and most statues of Communist leaders have been removed. However, the law concerning independence fighters, which raised the most serious controversies, did not have any practical consequences. Moreover, nothing suggests that this could change. The implementation of the de-communisation laws is associated with a significant change in Ukrainian patriotic narrative: it is no longer focused on national martyrdom and it is beginning to emphasize heroic motives, which is in line with wartime needs. The fact that some of these motives are likely to trigger problems in Ukraine’s relations with Poland seems to be viewed as a marginal ‘by-product’.

Disclosure in insurance law : contemporary and historical economic considerations

This article examines the importance of accurate classification and identification of risk with particular reference to the problem of adverse selection. It is argued that, historically, this concern was the paramount consideration influencing standard form contract formation and disclosure laws. The scope of its relevance today however is less apparent in that contemporary insurance contracting is conducted in a vastly different environment from that which prevailed at the time Lloyd's was better known as a coffee house. Accordingly, the second part of this article looks at the contemporary framework of information disclosure and those dynamics within it designed to elicit information weighing on risk forecasting : specifically, (a) direct inquiry and testing requirements; (b) signaling - or incentive based structuring of insurance contractual and (c) bargaining in the shadow of the utmost good faith doctrine. Finally, certain conclusions arising out of contemporary and historical economic considerations underpinning disclosure in insurance law are outlined.

A creature of statute: Copyright law and legal formalism

This article argues that copyright law is not just a creature of statute, but it is also a social and imaginative contruct. It evaluates a number of critiques of legal formalism. Part 1 examines whether the positive rules and principles of copyright law are the product of historical contingency and political expediency. Part 2 considers the social operation of copyright law in terms of its material effects and cultural significance. Part 3 investigates the future of copyright law, in light of the politics of globalisation and the impact of new information technologies.

Problems of Proto-Slavic Historical Nominal Morphology : On the Basis of Old Church Slavic

In this study I offer a diachronic solution for a number of difficult inflectional endings in Old Church Slavic nominal declensions. In this context I address the perhaps most disputed and the most important question of the Slavic nominal inflectional morphology: whether there was in Proto-Slavic an Auslautgesetz (ALG), a law of final syllables, that narrowed the Proto-Indo-European vowel */o/ to */u/ in closed word-final syllables. In addition, the work contains an exhaustive morphological classification of the nouns and adjectives that occur in canonical Old Church Slavic. I argue that Proto-Indo-European */o/ became Proto-Slavic */u/ before word-final */s/ and */N/. This conclusion is based on the impossibility of finding credible analogical (as opposed to phonological) explanations for the forms supporting the ALG hypothesis, and on the survival of the neuter gender in Slavic. It is not likely that the */o/-stem nominative singular ending */-u/ was borrowed from the accusative singular, because the latter would have been the only paradigmatic form with the stem vowel */-u-/. It is equally unlikely that the ending */-u/ was borrowed from the */u/-stems, because the latter constituted a moribund class. The usually stated motivation for such an analogical borrowing, i.e. a need to prevent the merger of */o/-stem masculines with neuters of the same class, is not tenable. Extra-Slavic, as well as intra-Slavic evidence suggests that phonologically-triggered mergers between two semantically opaque genders do not tend to be prevented, but rather that such mergers lead to the loss of the gender opposition in question. On the other hand, if */-os/ had not become */-us/, most nouns and, most importantly, all adjectives and pronouns would have lost the formal distinction between masculines and neuters. This would have necessarily resulted in the loss of the neuter gender. A new explanation is given for the most apparent piece of evidence against the ALG hypothesis, the nominative-accusative singular of the */es/-stem neuters, e.g. nebo 'sky'. I argue that it arose in late Proto-Slavic dialects, replacing regular nebe, under the influence of the */o/- and */yo/-stems where a correlation had emerged between a hard root-final consonant and the termination -o, on the one hand, and a soft root-final consonant and the termination -e, on the other.

An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

A river of memory: landscape, narrative and identity in the Lee Valley, Co. Cork, Ireland

In moments of rapid social changes, as has been witnessed in Ireland in the last decade, the conditions through which people engage with their localities though memory, individually and collectively, remains an important cultural issue with key implications for questions of heritage, preservation and civic identity. In recent decades, cultural geographers have argued that landscape is more than just a view or a static text of something symbolic. The emphasis seems to be on landscape as a dynamic cultural process – an ever-evolving process being constructed and re-constructed. Hence, landscape seems to be a highly complex term that carries many different meanings. Material, form, relationships or actions have different meanings in different settings. Drawing upon recent and continuing scholarly debates in cultural landscapes and collective memory, this thesis sets out to examine the generation of collective memory and how it is employed as a cultural tool in the production of memory in the landscape. More specifically, the research considers the relationships between landscape and memory, investigating the ways in which places are produced, appropriated, experienced, sensed, acknowledged, imagined, yearned for, appropriated, re-appropriated, contested and identified with. A polyvocal-bricoleur approach aims to get below the surface of a cultural landscape, inject historical research and temporal depth into cultural landscape studies and instil a genuine sense of inclusivity of a wide variety of voices (role of monuments and rituals and voices of people) from the past and present. The polyvocal-bricoleur approach inspires a mixed method methodology approach to fieldsites through archival research, fieldwork and filmed interviews. Using a mixture of mini-vignettes of place narratives in the River Lee valley in the south of Ireland, the thesis explores a number of questions on the fluid nature of narrative in representing the story and role of the landscape in memory-making. The case studies in the Lee Valley are harnessed to investigate the role of the above questions/ themes/ debates in the act of memory making at sites ranging from an Irish War of Independence memorial to the River Lee’s hydroelectric scheme to the valley’s key religious pilgrimage site. The thesis investigates the idea that that the process of landscape extends not only across space but also across time – that the concept of historical continuity and the individual and collective human engagement and experience of this continuity are central to the processes of remembering on the landscape. In addition the thesis debates the idea that the production of landscape is conditioned by several social frames of memory – that individuals remember according to several social frames that give emphasis to different aspects of the reality of human experience. The thesis also reflects on how the process of landscape is represented by those who re-produce its narratives in various media.

Violence and social memory in twentieth century Belfast:Stories of Buck Alec Robinson

This article explores the life and commemoration of Buck Alec Robinson. A feared loyalist killer in 1920s Belfast, in more recent times he has featured as a lion-keeping “character” on wall murals and in tourist guide books. Robinson is employed as a case study to investigate two separate but, in this case, interlinked historiographical debates. The first involves Norbert Elias’s analysis of the decline of violence. The second relates to discussion of the analysis of social memory in working class communities, with violence being placed therein. The article supports historical assessments suggesting that the “civilizing offensive” had an uneven impact. That point is usually made in the context of working class men. This article extends it to political elites in Belfast and probes their flirtations with violent hard men. The case is made that it is a mistake to assume the “civilizing” dynamic is to be understood as a teleological or top-down process.

The Social Power of Bodin's 'Sovereignty' and International Law

The word ‘sovereignty’ provides a forceful example of the social power of language as an organic instrument playing a leading role in the continuous and continuing process of creating and transforming human reality. The paper examines a pivotal episode in the history of the word ‘sovereignty’ — its formal introduction in the 16th century by Jean Bodin in his Six Livres de la Republique. It focuses on the social effects ‘sovereignty’ has had on the shared consciousness of humanity, including that of the international community. The proposed metalogical inquiry adopts a method that draws from the hermeneutic school of historical knowledge. The argument is that Bodin used ‘sovereignty’ for the purpose of attributing to the ruler (the French king) supreme power in the hierarchical organisational structure of society. This idea of a pyramid of authority is found in different elements of the discourse in Six Livres de la Republique, which is examined in the immediate context of Bodin’s personal background as well as the extended social, political and intellectual context of 16th century France. The conclusion shows that Bodin’s work was the first seminal step in the development of contemporary ideas of ‘internal sovereignty’ and ‘external sovereignty’. It is thus part of the history of the true power that the word at hand has exercised in framing the international state system and hence the international legal system.