"Acts of commemoration are the very stuff of politics; in and through our political process we decide who or what should be remembered or memorialized and in what ways. As David Thelen argues, “[M]emory, private and individual, as much as collective and cultural is constructed, not reproduced. . . . [T]his construction is not made in isolation but in conversations with others that occur in the contexts of community, broader politics, and social dynamics.” Should law and legal process lend themselves to these processes? Can they do so without compromising values central to law’s integrity? These normative questions have so far driven scholarship of law and memory."
January 1, 1970