Breaking the Cycles of Hatred: Memory, Law, and Repair

Breaking the Cycles of Hatred: Memory, Law, and Repair

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Overview

Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?



Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.


A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

Product Details

ISBN-13: 9781400825387
Publisher: Princeton University Press
Publication date: 01/10/2009
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 312
File size: 3 MB

About the Author

Martha Minow is Professor of Law at Harvard University. Her books include Partners, Not Rivals, Between Vengeance and Forgiveness, Not Only for Myself, and Making All the Difference. She recently served on the Independent International Commission on Kosovo. Nancy L. Rosenblum is Professor of Government at Harvard University. She is the author of Membership and Morals, editor of Obligations of Citizenship and Demands of Faith, and coeditor of Civil Society and Government (all Princeton).

Table of Contents

Acknowledgments vii
Introduction: Memory, Law, and Repair by NANCY L. ROSENBLUM 1
1. Breaking the Cycles of Hatred 14
Memory and Hate: Are There Lessons from Around the World? 14
Regulating Hatred: Whose Speech, Whose Crimes, Whose Power? 31
Between Nations and Between Intimates: Can Law Stop the Violence? 56
by MARTHA MINOW
2. Justice and the Experience of Injustice by NANCY L. ROSENBLUM 77
3. Righting Old Wrongs by MARC GALANTER 107
4. Reluctant Redress: The U.S. Kidnapping and Internment of Japanese Latin Americans by ERIC K. YAMAMOTO 132
5. Memory, Hate, and the Criminalization of Bias-Motivated Violence: Lessons from Great Britain by FREDERICK M. LAWRENCE 140
6. Collective Memory, Collective Action, and Black Activism in the 1960s by FREDRICK C. HARRIS 154
7. Beyond Memory: Child Sexual Abuse and the Statute of Limitations by ROSS E. CHEIT AND CAREY JAROS 170
8. Peace on Earth Begins at Home: Reflections from the Women's Liberation Movement by JUDITH LEWIS HERMAN 188
9. The Thin Line between Imposition and Consent: A Critique of Birthright Membership Regimes and Their Implications by AYELET SHACHAR 200
10. When Memory Speaks: Remembrance and Revenge in Unforgiven by AUSTIN SARAT 236
11. Power, Violence, and Legitimacy: A Reading of Hannah Arendt in an Age of Police Brutality and Humanitarian Intervention by IRIS MARION YOUNG 260
Notes on Contributors 289
Index 291

What People are Saying About This

Susan Okin

This book is an excellent contribution to a newly emerging and potentially very valuable way of thinking about hatred and violence.
Susan Okin, Department of Political Science, Stanford University

Aviam Soifer

Minow's essays embody great strength, clarity, and coherence. She manages to move far beyond her own earlier pathbreaking work. What makes this volume unique is the fascinatingly wide variety of connections and insights triggered by Minow's first-rate contribution. The book surely will be of great interest to general readers as well as to specialists in diverse fields such as law, political science, feminist studies, international affairs, and cultural studies. The multidisciplinary inquiry about cutting-edge human rights issues adds depth to the marvelously lucid analysis provided in Minow's essays. From a broad range of perspectives, the various authors actually enact some of Minow's powerful points in the very process of their exploration of previously undeveloped linkages.
Aviam Soifer, Boston College Law School

From the Publisher

"Minow's essays embody great strength, clarity, and coherence. She manages to move far beyond her own earlier pathbreaking work. What makes this volume unique is the fascinatingly wide variety of connections and insights triggered by Minow's first-rate contribution. The book surely will be of great interest to general readers as well as to specialists in diverse fields such as law, political science, feminist studies, international affairs, and cultural studies. The multidisciplinary inquiry about cutting-edge human rights issues adds depth to the marvelously lucid analysis provided in Minow's essays. From a broad range of perspectives, the various authors actually enact some of Minow's powerful points in the very process of their exploration of previously undeveloped linkages."—Aviam Soifer, Boston College Law School

"This book is an excellent contribution to a newly emerging and potentially very valuable way of thinking about hatred and violence."—Susan Okin, Department of Political Science, Stanford University

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