La memoria attraverso il processo. Tecniche risarcitorie e politiche di riparazione degli illeciti storici
Author
Resta, Giorgio <Università Roma Tre>
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Civil liability is assuming an increasingly central role as a tool of
compensating for material or immaterial damage, in conjunction with or as an
alternative to other emerging techniques such as compensation, memorialisation or
restorative apology. There is a subtle continuity between the demolition of a statue,
institutionalised memory and the proposition of reparation actions inherent to
historical torts, as instruments for the valorisation of interests that are generally
prioritised and require political or legal recognition. The juridification of historical events, carried out through private law instruments such as civil liability, presents
aspects that are no less problematic than those of the various forms of epistemic repair,
and produces a profound reshuffling between different ordinamental logics, such as
those of public and private law, of municipal law or of international law. The civil
action, despite all its intrinsic limitations, remains an important and at least
complementary instrument with respect to other instruments for the reparation of
damages resulting from historical wrongs, such as the various compensation plans and
memorial policies. It frequently worked as a first step for the recognition of claims that
are destined to flow into the reconstruction of victims9 memories or the re-signification
of cultural heritage