Search Results for: collective memories

Back to the Past? The Evolution of the Legal Mechanisms Influencing the Collective Memories in Spain from the Central European Perspective

Dr Filip Cyuńczyk

SWPS University of Social Sciences and Humanities

English abstract: The article’s primary goal is to conduct case studies of Spanish memory policies introduced after 2007 and its comparison with CEE countries activities in the same field. The primary research hypothesis is: Do several case studies of several memory policies implemented in postcommunist states help examine the Spanish model of dealing with the past reformulation? This paper intends to show similarities and differences between Spanish and Central and Eastern European models of dealing with the past, which both are using legal means. I present some of the specific elements of postcommunist constitutionalisation in CEE, including memory narrations locations in several constitutions in the region. I also show the impact of memory narrations on individual states’ institutional policies from the CEE and the Kingdom of Spain. Finally, I show the hidden potential for Spanish political community reconstruction located in the memory laws.

Keywords: memory laws, juridification of the memory, collective memory, constitutionalism, democratic transtion

Language: Polish

Published: Number 3(28)/2021, pp. 22-38

DOI: https://doi.org/10.36280/AFPiFS.2021.3.22

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Number of downloads: 395

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Collective Memories, Institutions and Law

Prof. dr Adam Czarnota, Mgr Justyna Jezierska,
Dr Michał Stambulski

University of New South Wales / University of Wrocław /
University of Zielona Góra

English abstract: This paper aims at explaining the concepts of collective memory, institutions, politics, law, as well as relations between them. By means of a short explanation of a network of mutual relations between these notions, we want to show how law and collective memories interact and how the relation between them is formed. At the same time, we see three modes of relations between collective memories and law: 1) past before the law, 2) memory laws and 3) law as collective memory. The first view consists in evaluating the past under a court trial. The second one in creating legal rules which promote or demand commemoration of a specific vision of the past. The third approach perceives law itself as institutionalized collective memory.

Keywords: collective memories, institutions, memory laws, politics of memory

Language: English

Published: Number 3(21)/2019, pp. 6-21.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.6

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Number of downloads: 648

Number 3(28)/2021 [PL/ENG]

Articles:

Dr hab. Arkadiusz BARUT
Departure from the Rule of Law as Consolidation of Biopower: Example of Polish Legislation Justified by Fighting the COVID-19 Pandemic [ENG]

Dr Filip CYUŃCZYK
Back to the Past? The Evolution of the Legal Mechanisms Influencing the Collective Memories in Spain from the Central European Perspective [PL]

Prof. M. Isabel GARRIDO GÓMEZ
The Systematization of Legal Values around Justice [ENG]

Dr Karolina GMEREK
Identification of Conventional Acts in Law as a Process of Recognizing Their Sense. An Introduction [PL]

Mgr Maksymilian HAU
Hegel’s Critics on Legal Profession [PL]

Mgr Konstanty KURYŁOWICZ
The Concept of Rationality and the Rationalization of Law in the Works of Max Weber [PL]

Prof. dr hab. Beata POLANOWSKA-SYGULSKA
Harmony and Dissonance. Isaiah Berlin’s and Leszek Kołakowski’s Visions of Ethical Life [PL]

Reports:

Dr Karolina GMEREK
X Conference of Young Legal Theorists and Philosophers “Theoretical and Practical Aspects of Legal Interpretation”, Szczecin, 24-25 of May 2021 [PL]

In Memoriam:

Prof. UŁ dr hab. Mariusz GOLECKI
Professor Tomasz Bekrycht (1970-2021) [PL]

Number 3(21)/2019 [ENG]

Law and Memory in Central and Eastern Europe

Introduction
(prof. dr hab. Adam CZARNOTA, mgr Justyna JEZIERSKA, dr Michał STAMBULSKI)

Articles:

Prof. dr hab. Adam CZARNOTA, Mgr Justyna JEZIERSKA, Dr Michał STAMBULSKI
Collective Memories, Institutions and Law

Dr Michał KROTOSZYŃSKI
Transitional Justice and the Constitutional Crisis: The Case of Poland (2015–2019)

Dr Filip CYUŃCZYK
Instrumentalization of Law in the Context of Memory Policies in Central and Eastern Europe after 1989

Mgr Emilia KOWALEWSKA
Truth Revelation Procedures as a Rights-based Alternative to the Politics of (Non-)Memory

Mgr Mateusz GRABARCZYK
Uniformed Services Pension Amendment Acts in Poland as Part of State Politics of Memory

Dr Katarzyna LISZKA
The Articles 55a and 55b of the IPN Act and the Dialogue about the Holocaust in Poland

Dr Michał STAMBULSKI
Nostalgic Constitutional Identity

Reports:

Mgr Justyna JEZIERSKA
The 2nd Polish Memory Conference: Studies on Memory in Poland and of Poland, Warsaw, 5–7 December 2019

Nostalgic Constitutional Identity

Dr Michał Stambulski

University of Zielona Góra

English abstract: The paper deals with the link between the notions of constitutional identity and nostalgic collective memory. Starting from the notion of nostalgia of postmodern society as used in social theory, it shows that this cultural condition is reflected in in constitutions. The point of reference for contemporary political projects is no longer the future but the past. Longing for a lost homeland becomes a dominant social emotion. The author shows that this vision of the past is present in constitutions, especially in post-communist countries. It influences constitutional identity and, due to different temporal structures, is in conflict with the constitutional identity of the EU. The article ends with an analysis of the consequences of such a politics of nostalgia and the possible defence mechanisms against it.

Keywords: constitutional identity, collective memories, nostalgia

Language: English

Published: Number 3(21)/2019, pp. 95-106.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.95

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Number of downloads: 679