This book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.
Author(s): Matt Howard
Series: Palgrave Socio-Legal Studies
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Pages: 162
City: Cham
Acknowledgements
Acknowledgement of Prior Publication
Contents
1 Introduction
Context: Anzac Day and Inequalities in Australia
The Significance of Anzac Day
Mnemonic Legality
Expectation
Chapter Plan
Chapter Two
Chapter Three
Chapter Four
Chapter Five
Bibliography
2 Law and Memory
The Social Significance of Collective Memory
Identity and Collective Memory
Expansive Understanding of Law
Beyond “the Law”
Collective Memory as a Frame of Recognition
Memory, Legal Meaning-Making, and Legal Socialization
Conclusion
Bibliography
3 Memory, Time, and Law
Expectations in Memory
Past-orientation, Projection/Expectation, and Legitimacy
Juridical Significance of Expectations Within the Anzac Story
Churchill in the Dardanelles: Idolization of Military Figures and Justifications for Action
Introducing the Army: Dashed Expectations and the Shaping of the Anzac Narrative
The Arrival of the Anzacs
The Mobilization of Imaginaries of War: Expectations and Actions in COVID-19
Expectations of a Nation’s Response: Memory and Policy Implementation
War Memorialization v Public Health Measures: Collective Memory and Civic Consciousness
Conclusion
Bibliography
4 Being and Meaning: The Performance of Historical Truth
Meaning Imbued in Commemorative Spaces
Historical and Mnemonic Truth
Performing the Past
Performing a Historical and Commemorative Narrative Across Mnemonic Resources
The Anzac Commemorative Narrative
“In the Works” of CEW Bean
Film as an Important Mnemohistorical “Site”
Conclusion
Bibliography
5 Elasticity of Co-Ordinated Belonging
Elasticity
Expectations Within the Anzac Legend
Living Up to Expectations
Co-ordinating Rationality
Elasticity in the Anzac Commemoration
Method: Elasticity Within the Research Process
Representation
Masculinity
Elasticity and Tolerance
Conclusion
Bibliography
6 Conclusion
Introduction
Stretching Elasticity
Bibliography
Index
