Should Governments Butt out of History?

Abstract

It is often argued that governments should "butt out" of history: "Leave history to the historians." Such claims are particularly heard in response to bans on genocide denial or to other attempts by states to punish or to limit public scrutiny of history. In this article it is argued that there is no such thing as simply butting-in or butting-out. The law always operates at some level, and our aim should be to optimize constructive discussion at various levels. This article reflects views adopted by the four-nation consortium Memory Laws in European and Comparative Perspective, funded by HERA (Humanities in the European Research Area).

Keywords: history, education, criminal law, politics, human rights