Titlebook: Memory and Punishment; Historical Denialism Emanuela Fronza Book 2018 T.M.C. Asser Press and the author 2018 Historical Denialism.Remembran

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Criminal Law and Free Speechxpression. A clear example of this can be found in the Holocaust denial cases involving two relevant decisions by both the German and Spanish Constitutional Courts. Setting the boundary between lawful and unlawful thoughts entails the risk of violating the cornerstone principles of criminal law, nam

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Conclusionsm is paradigmatic of some trends of the modern criminal law. The recourse to criminal law and the trial to protect and forge collective historical memory demonstrates that human rights are now at the centre of a new ethical pact. This has supplanted the original pact against the Holocaust, the foun

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The Crime of Historical Denialism and International Lawthat it applies not only to Holocaust denial but also to the negation of other international crimes and, on the other hand, by introducing limitations in order to safeguard free speech. This panorama is further enriched by the provisions of the ECHR system and the case law of its Court.

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Book 2018itutional historical memory through criminal law..The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digita

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