Memory and Punishment - Historical Denialism, Free Speech and the Limits of Criminal Law

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).

List of contents

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.

About the author

Product details

• Authors: Emanuela Fronza
• Publisher: Springer, Berlin
• Languages: English
• Product format: Hardback
• Released: 28.02.2018
• EAN: 9789462652330
• ISBN: 978-94-62-65233-0
• No. of pages: 217
• Dimensions: 160 mm x 240 mm x 15 mm
• Weight: 582 g
• Illustrations: XXXIX, 217 p.
• Series: International Criminal Justice Series; International Criminal Justice; International Criminal Justice Series; International Criminal Justice
• Subjects: Social sciences, law, business > Law > International law, foreign law; B, Human Rights, Criminology, Criminal Law, International Law, International Criminal Law, Law and Criminology, European law, Crime & criminology, Human rights, civil rights, Law—Europe, Human Rights and Crime, International humanitarian law, International Humanitarian Law, Law of Armed Conflict, Public international law: humanitarian law, Criminal Law and Criminal Procedure Law, Criminal law: procedure & offences