Anachronisms in law, law as an anachronism

• Autor(a) principal: de Moraes Silveira, Mariana
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: ArtCultura (Online)
• Texto Completo: https://seer.ufu.br/index.php/artcultura/article/view/66582
• topic: direito; anacronismo; crimes contra a humanidade; law; anachronism; crimes against humanity

Repeatability and a connection to longue durée are often identified as key features of law. The legal universe may, as a result, constitute an environment of theoretical experimentation around anachronism. This is the starting point for the two axes of reflection developed in this article. Firstly, Yan Thomas’s reflections about the judge and the historian are mobilized in order to evaluate the symbolic operations to which time is submitted in the legal realm, particularly since the imprescriptibility of crimes against humanity was established in the wake of World War II. Next, the possibilities of applying the concept of genocide to earlier contexts are evaluated in dialogue with Bartolomé Clavero’s reflections on the conquest of America. Through the confluence of these themes, we seek to suggest that the rapport to law, and particularly the articulations with demands for justice and reparation, are fundamental for the understanding of contemporary historicities.