Law and the Politics of Memory

in Maria Mälksoo (ed.), Handbook on the Politics of Memory (Edward Elgar, 2022)

18 Pages Posted: 31 Mar 2022

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

Date Written: February 16, 2022

Abstract

The chapter analyzes the interaction of law and the politics of historical memory, summarizing its genesis and evolution as well as outlining legal governance of historical memory nowadays, in particular by virtue of so-called memory laws. The analysis focuses on the ways politics of memory has infiltrated the settings of human rights via contemporary international and regional (in particular, European) law. It further unpacks the specific role of historical memory in national constitutional projects leading to a phenomenon of mnemonic constitutionalism. Finally, the chapter explores the role of memory laws as well as their various taxonomies in comparative law. The conclusions summarize major trends in recent academic literature on law and historical memory.

Keywords: Legal governance of memory, memory laws, mnemonic constitutionalism, politics of memory, militant democracy, memocracy

Suggested Citation

Belavusau, Uladzislau, Law and the Politics of Memory (February 16, 2022). in Maria Mälksoo (ed.), Handbook on the Politics of Memory (Edward Elgar, 2022), Available at SSRN: https://ssrn.com/abstract=4036918 or http://dx.doi.org/10.2139/ssrn.4036918

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

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