{"title":"Skirmishes on the Temporal Boundaries of States","authors":"Meir Dan-Cohen","doi":"10.2139/SSRN.1512911","DOIUrl":null,"url":null,"abstract":"This paper focuses on the special difficulties of resolving collective disputes, specifically among states, that result from past mischief. Past events are fixed, casting a permanent shadow. So how can collectivities cope with the “dead weight” of history and address past-oriented grievances? In considering this question, I introduce the notion of a state’s temporal boundary, and argue that changes in this boundary, analogous to the more familiar changes in territorial borders, can lift the shadow of the past and relieve past-oriented grievances. I then connect this conceptual framework to the distinction between history and memory as two different modalities of relating to the past. I maintain that a proper understanding of a state’s relationship to the past, and in particular the possibility of changes in a state’s temporal boundaries, offer a way to retain historical knowledge of past wrongs without the rancor and acrimony that mark this knowledge when it assumes the form of collective memory.","PeriodicalId":39484,"journal":{"name":"Law and Contemporary Problems","volume":"10 1","pages":"95-114"},"PeriodicalIF":0.0000,"publicationDate":"2009-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Contemporary Problems","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.1512911","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
This paper focuses on the special difficulties of resolving collective disputes, specifically among states, that result from past mischief. Past events are fixed, casting a permanent shadow. So how can collectivities cope with the “dead weight” of history and address past-oriented grievances? In considering this question, I introduce the notion of a state’s temporal boundary, and argue that changes in this boundary, analogous to the more familiar changes in territorial borders, can lift the shadow of the past and relieve past-oriented grievances. I then connect this conceptual framework to the distinction between history and memory as two different modalities of relating to the past. I maintain that a proper understanding of a state’s relationship to the past, and in particular the possibility of changes in a state’s temporal boundaries, offer a way to retain historical knowledge of past wrongs without the rancor and acrimony that mark this knowledge when it assumes the form of collective memory.
期刊介绍:
Law and Contemporary Problems was founded in 1933 and is the oldest journal published at Duke Law School. It is a quarterly, interdisciplinary, faculty-edited publication of Duke Law School. L&CP recognizes that many fields in the sciences, social sciences, and humanities can enhance the development and understanding of law. It is our purpose to seek out these areas of overlap and to publish balanced symposia that enlighten not just legal readers, but readers from these other disciplines as well. L&CP uses a symposium format, generally publishing one symposium per issue on a topic of contemporary concern. Authors and articles are selected to ensure that each issue collectively creates a unified presentation of the contemporary problem under consideration. L&CP hosts an annual conference at Duke Law School featuring the authors of one of the year’s four symposia.