Instrumentalization of Law in the Context of Memory Policies in Central and Eastern Europe after 1989
Instrumentalization of Law in the Context of Memory Policies in Central and Eastern Europe after 1989
Author(s): Filip CyuńczykSubject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice, Philosophy of Law, Politics of History/Memory, Politics and Identity, Identity of Collectives
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: instrumentalization of law; memory policies; collective memory; legal petrification of the past
Summary/Abstract: The main goal of the article is to conduct case studies of CEE memory policies introduced after the fall of communism and to present them as an interesting field for examining the instrumentalization of law. The primary research question is: Do several case studies of several memory policies implemented in post-communist states help to examine the theoretical concept of the instrumentalization of law? In this paper, I intend to show the hidden potential of such studies. I present some of the specific elements of new constitutionalization attempts in CEE, which included narratives of memory in several constitutions in the region. I also show their relation to the concept of instrumentalization of law. Finally, I describe some political acts of instrumentalization of law in the field of collective memory.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 21/2019
- Issue No: 3
- Page Range: 40-50
- Page Count: 11
- Language: English
