Historians, Memory Laws, and the Politics of the Past

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 107-117 | Article | (Table of Contents) I. Historians against memory laws. - II. Historical memory and criminal law. - III. Universal values and particularistic memories. - IV. Populism and memory in Eastern Europe -...

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Main Author: Nikolay Koposov
Format: Article
Language:English
Published: European Papers (www.europeanpapers.eu) 2020-07-01
Series:European Papers
Subjects:
Online Access:https://www.europeanpapers.eu/en/e-journal/historians-memory-laws-and-politics-of-the-past
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author Nikolay Koposov
author_facet Nikolay Koposov
author_sort Nikolay Koposov
collection DOAJ
description (Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 107-117 | Article | (Table of Contents) I. Historians against memory laws. - II. Historical memory and criminal law. - III. Universal values and particularistic memories. - IV. Populism and memory in Eastern Europe - V. Concluding remarks. | (Abstract) This Article examines historians' protests against memory laws that criminalize certain statements about the past. Most typically, historians protest these laws in the name of freedom of research. However, the chronology of their protests, which became widespread only in the 2000s, a decade and a half after the adoption of the first bans on Holocaust denial, suggests that their opposition to memory laws had other reasons as well. The author argues that these reasons had to do with the evolution of the legislation of memory, namely, the expansion of such prohibitions on topics other than Holocaust denial, which many historians interpreted as a manifestation of the "competition between victims" and of the decay of democracy as a universal project. The Article further considers the changes that occurred in this legislation as a result of the rise of national populism, especially in Eastern Europe, where bans on certain statements about the past are increasingly used to promote national narratives. The 2014 Russian memory law, which criminalizes "the dissemination of knowingly false information on the activities of the USSR during the Second World War" and protect the memory of the Stalin regime, is an extreme example of this tendency. The author suggests that the memory laws' focus on concrete historical events that function as sacred symbols of national and other communities, has facilitated their emergence as a preferred instrument of populist history politics based on particularistic memories rather than on the cosmopolitan memory of the Holocaust.
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spelling doaj.art-a274ea694809488cba75753e79fd3efc2022-12-22T03:14:46ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492020-07-012020 5110711710.15166/2499-8249/390Historians, Memory Laws, and the Politics of the PastNikolay Koposov0Emory University(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 107-117 | Article | (Table of Contents) I. Historians against memory laws. - II. Historical memory and criminal law. - III. Universal values and particularistic memories. - IV. Populism and memory in Eastern Europe - V. Concluding remarks. | (Abstract) This Article examines historians' protests against memory laws that criminalize certain statements about the past. Most typically, historians protest these laws in the name of freedom of research. However, the chronology of their protests, which became widespread only in the 2000s, a decade and a half after the adoption of the first bans on Holocaust denial, suggests that their opposition to memory laws had other reasons as well. The author argues that these reasons had to do with the evolution of the legislation of memory, namely, the expansion of such prohibitions on topics other than Holocaust denial, which many historians interpreted as a manifestation of the "competition between victims" and of the decay of democracy as a universal project. The Article further considers the changes that occurred in this legislation as a result of the rise of national populism, especially in Eastern Europe, where bans on certain statements about the past are increasingly used to promote national narratives. The 2014 Russian memory law, which criminalizes "the dissemination of knowingly false information on the activities of the USSR during the Second World War" and protect the memory of the Stalin regime, is an extreme example of this tendency. The author suggests that the memory laws' focus on concrete historical events that function as sacred symbols of national and other communities, has facilitated their emergence as a preferred instrument of populist history politics based on particularistic memories rather than on the cosmopolitan memory of the Holocaust.https://www.europeanpapers.eu/en/e-journal/historians-memory-laws-and-politics-of-the-pastmemory lawshistorical memoryholocaustcommunist crimespopulismparticularism
spellingShingle Nikolay Koposov
Historians, Memory Laws, and the Politics of the Past
European Papers
memory laws
historical memory
holocaust
communist crimes
populism
particularism
title Historians, Memory Laws, and the Politics of the Past
title_full Historians, Memory Laws, and the Politics of the Past
title_fullStr Historians, Memory Laws, and the Politics of the Past
title_full_unstemmed Historians, Memory Laws, and the Politics of the Past
title_short Historians, Memory Laws, and the Politics of the Past
title_sort historians memory laws and the politics of the past
topic memory laws
historical memory
holocaust
communist crimes
populism
particularism
url https://www.europeanpapers.eu/en/e-journal/historians-memory-laws-and-politics-of-the-past
work_keys_str_mv AT nikolaykoposov historiansmemorylawsandthepoliticsofthepast