Showing results for "In Memory of Memory" in World

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

In 1982, at the height of Guatemala’s civil war, 20 soldiers from the army’s commando unit, called the Kaibiles, invaded the farming village of Dos Erres. Masquerading as leftist guerillas, the squad members cut their way through the small town, killing more than 250 men, women, and children. Only a handful of people survived. One of them, a young boy, was adopted by Kaibil lieutenant Ramrez and raised by Ramrez’s family, who named him Oscar. Just three years old at the time of the massacre, Oscar grew up unaware of his true origins. It wasn’t until almost 30 years later, living in the suburbs of Boston with a family of his own, that Oscar would learn the truth.