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Holocaust Denial and the Law : A Comparative Study - R. Kahn

Holocaust Denial and the Law

A Comparative Study

By: R. Kahn

Hardcover Published: 6th July 2004
ISBN: 9781403964762
Number Of Pages: 207

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From 1978 1996 Holocaust denial emerged as a major concern for the liberal democracies of Europe and North America. This period also saw the first prosecutions of Holocaust deniers. But these prosecutions often ran into trouble. Holocaust Denial and the Law relates how courts in four countries (Canada, France, Germany and the United States) resolved the dilemmas posed by Holocaust denial litigation. It also describes how, in the United States, student editors had to decide whether to run ads denying the Holocaust. The book concludes that a given country's resolution of these dilemmas turns on its specific legal traditions and historical experiences.

Industry Reviews

"Holocaust Denial and the Law is a very fine and impressive piece of work that deserves a wide audience. The book is very well-written, meticulously researched, and well-organized: it reads like a book, something one can rarely say these days about academic publications. Kahn makes a substantial contribution to the field of Holocaust denial studies with this elegant text about comparative criminal procedure." - Lawrence Douglas, Author of The Memory of Judgment: Making Law and History in the Trials of the Holocaust

"Robert Kahn has written an important book on an important subject." - Anthony Julius, counsel for Deborah Lipstadt in the libel suit brought against her by David Irving"An incisive read into one of the thorniest problems of expression and interpretation of history. It is extensively researched and carefully written... Kahn writes the severity and complexity of the problem with clarity, painstakingly explaining every narrative, legal provision, code and related symbolic representation in the legal studies lucidly." - Rohee Dasgupta, Keele University

Prefacep. vii
Introductionp. 1
The Dilemma of Proofp. 11
Adversarialism, Inquisitorialism, and Judicial Noticep. 13
The Holocaust as Hearsay?p. 45
The Dilemma of Trial Uncertaintyp. 61
Holocaust Denial, German Judges, and Political Scandalp. 65
Taking the Blame for R. v. Zundelp. 85
The Limits of Symbolic Legislation--The Gayssot Lawp. 101
The Dilemma of Tolerationp. 119
A Panacea of Toleration?p. 121
The Hidden Benefit of Criminal Sanctionsp. 137
Conclusion: The Dilemmas of Holocaust-Denial Litigationp. 153
Notesp. 161
Bibliographyp. 191
Indexp. 199
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781403964762
ISBN-10: 1403964769
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 207
Published: 6th July 2004
Publisher: Palgrave USA
Country of Publication: US
Dimensions (cm): 21.6 x 14.0  x 1.98
Weight (kg): 0.47
Edition Number: 1