Articles for category: The Omnipresence of Divergent Historical Narratives in Law and Politics

The Diversity of Legal Governance of Memory in Europe

Memory laws pose a set of distinct challenges for modern democracies, including in the realm of human rights law. In the four reports, conducted during the MEMOCRACY project, we took stock of the dynamics, trade-offs, and the effects of legal governance of historical memory in a region ridden with mnemonic conflicts. This contribution distils the most interesting comparative findings of the reports, namely the fact that the countries’ own and foreign experiences with totalitarianism are legally and politically approached very differently. On this basis, we sketch the consequences and challenges of these fundamental differences, both for the establishment of a “European memory” and the various states’ approaches to modern geopolitics.

Omnipresent History

Present-time politics are, to an unprecedented extent, shaped by struggles over how to remember the past: Putin’s war of aggression against Ukraine is led in the name of history; Germany’s wrestling with the war in Gaza is largely determined by its memory of the Holocaust, to give just two examples. However, historical narratives have not only swept into politics, but also into law.