For almost half a century, the person most responsible for fomenting brouhahas regarding degrees of plasticity in the writing of histories has been Hayden White. Yet, despite the voluminous responses provoked by White’s work, almost no effort has been made to treat White’s writings in a systematic yet sympathetic way as a philosophy of history. Herman Paul’s book begins to remedy that lack and does so in a carefully considered and extremely scholarly fashion. In his relatively brief six chapters (plus (...) an introduction), Paul packs a wealth of information. He convincingly demonstrates that a guiding theme of White’s work from earliest times has been that historians have no choice but to impose a structure on historical data and thus bear responsibility for structures so imposed. As such, a key philosophical question concerns on what bases White contends that a freedom of choice exists regarding forms given to recorded histories. This essay focuses on how Paul argues for a unified vision that answers this question, as well as how he offers an original and comprehensive conception of White’s writings. (shrink)

Since 1989, social change in Europe has moved between two stories. The first being a politics of memory emphasizing the specificity of culture in national narratives, and the other extolling the virtues of the Enlightenment heritage of reason and humanity. While the Holocaust forms a central part of West European collective memory, national victimhood of former Communist countries tends to occlude the centrality of the Holocaust. Highlighting examples from the Estonian experience, this article asks whether attempts to find one single (...) European memory of trauma ignore the complexity of history and are thus potentially disrespectful to those who suffered under both Communism and National Socialism. Pluralism in the sense of Hannah Arendt and Isaiah Berlin is presented as a way in which to move beyond the settling of scores in the past and towards a respectful recognition and acknowledgement of historical difference. (shrink)

This article explores the dream descriptions submitted in 1973–1974 by former Polish prisoners of the Auschwitz concentration camp in response to a questionnaire sent out by Polish psychiatrists. These descriptions are being investigated as testimonies that represent the Auschwitz inmates’ experiences commonly regarded as “unspeakable.” Not only the dream experience itself, but also the respondents’ attitudes toward and beliefs about dreams are taken into consideration in an attempt to understand the impact of the Holocaust on the survivors. Their general inability (...) of comprehending the Auschwitz and post‐Auschwitz dreams seems to be the most important and significant aspect of their testimonies. The experience of dreams as completely strange and astonishing phenomena is being explained in this article in connection with the respondents’ ability and inability to recover from their Holocaust trauma. (shrink)

In response to distant suffering, global civil society is being consumed by a generalized witnessing fever that converts public spaces into veritable machines for the production of testimonial discourses and evidence. However, bearing witness itself has tended to be treated as an exercise in truth-telling, a juridical outcome, a psychic phenomenon or a moral prescription. By contrast, this article conceives of bearing witness as a transnational mode of ethico-political labour, an arduous working-through produced out of the struggles of groups and (...) persons who engage in testimonial tasks in order to confront corresponding perils produced by instances of situational or structural violence; it is the work of witnessing, the normative and political substance generated through the performance of patterns of social action, which matters. Using Celan's allegory of the poem as a message in a bottle, I consider bearing witness as a web of cosmopolitan testimonial practices structured around five dialectically related tasks and perils: giving voice to mass suffering against silence ; interpretation against incomprehension ; the cultivation of empathy against indifference ; remembrance against forgetting ; and prevention against repetition. (shrink)

In recent years Duncan Kennedy has turned to the question, what is Contemporary Legal Thought? For the most part, his answers have focused on the modes of legal argument he believes are indigenous to Contemporary Legal Thought in the United States, and possibly, at a transnational or global level as well. In this article, I bracket the question of content and ask instead, if we are interested in exploring the category of a legal ‘contemporary’, how do we do so? What (...) historiographic methods are well-suited to the task of constituting ‘Contemporary Legal Thought’? My focus here is entirely on legal structuralism, the historical method I associate with Kennedy’s work beginning in the 1970s. By the mid-1980s, legal structuralism was under assault and quickly fading from the repertoire of available styles of doing history on the left. By the turn of the century, legal structuralism appeared to have vanished. I think that this was regrettable and unnecessary, and in this article I argue for a return to structuralist historiography. I do not pretend, however, that this return entails a second coming of the totalizing, originary center. Rather, I encourage thinking about legal structuralism in the way that I understand Roland Barthes, Hayden White, and to a large extent Duncan Kennedy himself to have thought about it: as a style. And as a style, legal structuralism is worth reawakening, a style back in style once more. (shrink)

In German archival terminology, the term Akte (file) as the basic unit of storage corresponds with its actualization as discursive (re-)action: the word ‘acts’ can designate at once the content of what is to be archived and the archive itself (Derrida, 1995: 17). Whereas the network of Prussian state archives from post-Napoleonic Germany until the First World War figured as a non-discursive juridical Read Only Memory of internal autopoetic bureaucracy, the German Weimar Republic sought to develop a more democratically transparent (...) archival information politics. This remained, however, for the most part an aspiration of the new political culture, and it was never systematically adopted by state institutions. By contrast, the National Socialist regime was the first to make use of archival memory in a partisan, active manner; Akten were actively instrumentalized as part of the programme for the annihilation of European Jewry. This article, based on the German state archives and also on a case-study concerning the ideologization of the Nietzsche Archive in Weimar, examines archival micro-politics as the site of discursive repression and production, between the affirmation and the resistance of discretely segmented memory to holistic ideological demands. (shrink)

In recent years Duncan Kennedy has turned to the question, what is Contemporary Legal Thought? For the most part, his answers have focused on the modes of legal argument he believes are indigenous to Contemporary Legal Thought in the United States, and possibly, at a transnational or global level as well. In this article, I bracket the question of content and ask instead, if we are interested in exploring the category of a legal ‘contemporary’, how do we do so? What (...) historiographic methods are well-suited to the task of constituting ‘Contemporary Legal Thought’? My focus here is entirely on legal structuralism, the historical method I associate with Kennedy’s work beginning in the 1970s. By the mid-1980s, legal structuralism was under assault and quickly fading from the repertoire of available styles of doing history on the left. By the turn of the century, legal structuralism appeared to have vanished. I think that this was regrettable and unnecessary, and in this article I argue for a return to structuralist historiography. I do not pretend, however, that this return entails a second coming of the totalizing, originary center. Rather, I encourage thinking about legal structuralism in the way that I understand Roland Barthes, Hayden White, and to a large extent Duncan Kennedy himself to have thought about it: as a style. And as a style, legal structuralism is worth reawakening, a style back in style once more. (shrink)