Law of denial

Law’s claim of mastery over past political violence is frequently undermined by reversals of that relationship of mastery, so that the violence of the law, and especially its symbolic violence, becomes easily incorporated into longues durées of political violence, rather than mastering them, settling them, or providing closure. Doing justice to the past, therefore, requires a political and theoretical attunement to the ways in which law, in purportedly attempting to address past political violence, inscribes itself into contemporary contexts of violence. While this may be limited to an analysis of how law is an effect of and affects the political, theoretically this attunement can be further refined by means of a critique of dynamics that are internal to law itself and that have to do with how law understands its own historicity, as well as its relationship to history and historiography. This article aims to pursue such a critique, taking as its immediate focus the ECHR case of Perinçek v Switzerland, with occasional forays into debates around the criminalisation of Armenian genocide denialism in France. The Perinçek case concerned Switzerland's criminalisation of the denial of the Armenian genocide, and concluded in 2015 after producing two judgments, first by the Second Chamber, and then by the Grand Chamber of the ECHR. However, although they both found for the applicant, the two benches had very different lines of reasoning, and notably different conceptions regarding the relationship between law and history. I proceed by tracing the shifting status of 'history' and 'historians' in these two judgments, and paying attention to the deferrals, disclaimers and ellipses that structure law's relation to history. This close reading offers the opportunity for a critical reappraisal of the relationship between law, denial and violence: I propose that the symbolic violence of the law operative in memory laws is a product of that which remains unresolved in law's understanding of historicity (including its own), its self-understanding vis-à-vis the task of historiography, and its inability to respond to historical violence without inscribing itself into a history of violence, a process regarding which it remains in denial

Armenia and the Caucasus in the Genesis of the Soviet-Turkish Entente.

Donated by Klaus KreiserReprinted from in : International Journal of Middle East Studies Vol. 4 (1973),

Imagining the Turkish nation through 'othering' Armenians

National identities are socially constructed and inherently relational, such that collective imagination depends on a dialectical opposition to another identity. The ontology of otherness becomes the necessary basis of social imagination. National identity can hardly be imagined without a narrative of myths, and the Turkish nation is no exception. This article argues that the Turkish nation was imagined as a modern nation with territorial sovereignty after the erosion of traditional Ottoman umma (religious community) identity. During the process of this imagination, the Armenians became the first ‘others’, whose claims over eastern Anatolia were perceived as a real threat to Turkish territoriality and identity. Based on the analysis of modernist theories of nationalism, the methodological concern of this study is twofold: to explore the causal link between the policies of Ottoman modernisation and the emergence of Turkish nationalism; and to incorporate the self and other nexus into the relationship between the emergence of Turkish nationalism and the process of ‘othering’ the Armenians