Memory and Punishment

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).

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

Autorentext

Inhalt
Part 1. Historical Denialism as a Criminal Offence: Origins and Development.- Chapter 1. The rise of the crime of historical denialism.- Chapter 2. The crime of historical denialism and international law.- Chapter 3. The crime of historical denialism in practice.- Chapter 4. Criminal law and free speech .- Chapter 5. Conclusion.- Index.