Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR

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

Mgr Emilia Kowalewska

Polish Academy of Sciences

English abstract: This article offers a socio-legal reflection on the relation between law, state obligation, and attempts to institutionalize collective memory. As the question of memory institutionalization becomes most pertinent in the context of regime change that imposes on an incumbent government certain expectations for addressing the past, the article considers this research problem from the perspective of transitional justice theory. The transitional justice paradigm allows for an interdisciplinary consideration of the topic. Special attention is paid to legal norms and mechanisms directed towards establishing authoritative knowledge about the past. The emerging principle of the right to truth is presented as an integrating and rights-based perspective from which to approach societal demands for acknowledging injustices of the past. Measured against the fundamental rights that lie at the heart of transitional justice theory, three types of truth revelation procedures are presented. The article shows that the relationship between law and memory – which is often reduced to one of political instrumentalization – should, in accordance with the values of a liberal democracy, be reframed from the perspective of individual and collective rights. The article seeks to contribute to the field of memory studies in the social sciences by exposing functions of legal norms and mechanisms that are often overlooked when discussed from the perspective of the politics of memory.

Keywords: collective memory, truth revelation procedures, transitional justice, right to truth, politics of memory, post-communist Poland

Language: English

Published: Number 3(21)/2019, pp. 51-66.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.51

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Number of downloads: 74

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

Mgr Mateusz Grabarczyk

Adam Mickiewicz University in Poznań

English abstract: The article is an analysis of the regulations regarding the reduction of pensions of former officers of the People’s Republic of Poland’s security services as an element of state politics of memory, presenting the Uniformed Services Pension Amendment Acts of 2009 and 2016 from the perspective of transitional justice.

Whilst investigating the admissibility of using such a retribution mechanism, the author draws attention to the purpose of this type of regulation. Reducing pensions has, in fact, two goals – a retrospective one and a prospective one. The retrospective goal is about administering historical justice by penalizing a specific group of people using various mechanisms (in this case administrative sanctions). In the prospective aspect, it is an element of institutionalizing memory and building a specific political narrative. As a consequence, apart from commemorative practices, it aims to produce and disseminate knowledge in public space, while clearly rejecting the past regime.

In relation to the Uniformed Services Pension Amendment Acts, while the Act of 2009 was to some extent aimed at the retrospective goal, the 2016 Act is primarily an element of politics of memory used by authorities to control the recollection of past events by explicitly condemning the previous system and all persons in any way related to it. For this reason, the author focuses on the mechanism of reducing pensions as one of the elements of politics of memory in Poland.

Keywords: Uniformed Services Pension Amendment Acts in Poland, politics of memory, institutionalization of collective memory, decommunization, reducing pensions of communist officials, transitional justice

Language: English

Published: Number 3(21)/2019, pp. 67-80.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.67

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Number of downloads: 82

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: 61