Memory in the Courtroom

There are many ways dependency on memory in the courtroom can go right, but also many ways it can go wrong. This chapter surveys work in philosophy of memory, and related fields, that reveals ways that the process can go wrong. When the process goes wrong, this can produce two forms of injustice: mnemonic injustice and mnemonic epistemic injustice. These injustices have their roots in misconceptions or incomplete understandings of memory. This chapter identifies an important role for a social philosophy of memory that addresses these misconceptions and incomplete understandings: that is, an approach to memory that focuses on how memory emerges from, is impacted by, and is evaluated within social contexts—with consequences that can be unjust or oppressive.