The Remarkable Rise of ‘Law and Historical Memory’ in Europe: Theorizing Trends and Prospects in the Recent Literature

Journal of Law and Society, 47 (2), 2020. 325-338.

14 Pages Posted: 19 Jun 2020 Last revised: 23 Jun 2020

See all articles by Uladzislau Belavusau

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Aleksandra Gliszczynska-Grabias

Polish Academy of Arts and Sciences - Poznan Human Rights Centre

Date Written: April 29, 2020

Abstract

The article reviews the latest literature on law and historical memory and concludes that this area has significantly risen in prominence within recent law and society studies in Europe. This literature has focused on ‘memory laws’ – that is, various legal modes by which states regulate historical memory – and the role of the legal profession in shaping our historical understandings. The blossoming of this scholarship has paralleled the decay of democracy in Europe (emblematic for the recent literature on memory laws in Central and Eastern Europe), the renewed topicality of the European Nazi and communist past (as will be demonstrated through a detailed analysis of two books on the Czechoslovak experience), and the re-emerged interest in the legal framing of Holocaust denialism in comparison to other mass atrocities (the Armenian and Rwandan genocides, the European colonial past, and so on). The authors unpack tendencies and prospects emerging within this scholarship on law and historical memory.

Suggested Citation

Belavusau, Uladzislau and Gliszczynska-Grabias, Aleksandra, The Remarkable Rise of ‘Law and Historical Memory’ in Europe: Theorizing Trends and Prospects in the Recent Literature (April 29, 2020). Journal of Law and Society, 47 (2), 2020. 325-338. , Available at SSRN: https://ssrn.com/abstract=3588320

Uladzislau Belavusau (Contact Author)

T.M.C. Asser Institute - University of Amsterdam ( email )

R.J. Schimmelpennincklaan 20-22
The Hague, 2517 JN
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/b/e/u.belavusau/u.belavusau.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Aleksandra Gliszczynska-Grabias

Polish Academy of Arts and Sciences - Poznan Human Rights Centre ( email )

Mielzynskiego 27/29
Poznan, 61-725
Poland

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