Memory and Punishment Historical Denialism, Free Speech and the Limi
This book examines the criminalisation of denials of genocide and of other massatrocities in Europe and discusses the implications of protecting institutional historicalmemory through criminal law. The analysis highlights the tensions with free speech, in
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Volume 19
Memory and Punishment Historical Denialism, Free Speech and the Limits of Criminal Law
Emanuela Fronza
International Criminal Justice Series Volume 19
Series editors Gerhard Werle, Berlin, Germany Moritz Vormbaum, Berlin, Germany
Series Information The International Criminal Justice Series aims to create a platform for publications in the whole field of international criminal justice. It, therefore, deals with issues relating, among others, to: – – – –
the work of international criminal courts and tribunals; transitional justice approaches in different countries; international anti-corruption and anti-money laundering initiatives; the history of international criminal law.
The series concentrates on themes pertinent to developing countries. It is peerreviewed and seeks to publish high-quality works emanating from excellent scholars, in particular from African countries.
Editorial Office Prof. Dr. Gerhard Werle Humboldt-Universität zu Berlin Faculty of Law Unter den Linden 6, 10099 Berlin, Germany [email protected] [email protected]
More information about this series at http://www.springer.com/series/13470
Emanuela Fronza
Memory and Punishment Historical Denialism, Free Speech and the Limits of Criminal Law
123
Emanuela Fronza Department of Legal Sciences Alma Mater Studiorum Università di Bologna Bologna Italy
ISSN 2352-6718 ISSN 2352-6726 (electronic) International Criminal Justice Series ISBN 978-94-6265-233-0 ISBN 978-94-6265-234-7 (eBook) https://doi.org/10.1007/978-94-6265-234-7 Library of Congress Control Number: 2017959910 Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg © T.M.C. ASSER PRESS and the author 2018 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper This T.M.C. ASSER PRESS imprint is published by Springer Nature The registered company is Springer Science+Business Media B.V. The registered company address is: Van Godewijckstraat 30, 3311 GX Dordrecht, The Netherlands
For my father who taught me the culture of freedom and the culture of limits For my mother who reminds me to forget For Mattia, Cosimo and Simone, my companions in time and memory
Foreword1
In the Outer London district of Walthamstow stands an eighteenth-century house originally used as a workhouse for the loca
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