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Criminalizing History

Legal Restrictions on Statements and Interpretations of the Past in Germany, Poland, Rwanda, Turkey and Ukraine

by Klaus Bachmann (Volume editor) Christian Garuka (Volume editor)
Edited Collection 182 Pages
Series: Studies in Political Transition, Volume 14

Summary

Why do states ban certain statements and interpretations of the past, how do they ban them and what are the practical consequences? This book offers an answer to these questions and at the same time examines, whether the respective legislation was supply-or demand-driven and how prosecutors and courts applied it. The comparison between Germany, Poland, Ukraine, Rwanda and Turkey offers several surprising insights: in most countries, memory law legislation is supply driven and imposed on a reluctant society, in some countries they target apolitical hooligans more than intellectuals or the government’s political opponents. The book also discusses, why and how liberal democracies differ from hybrid regimes in their approach to punitive memory laws and how such laws can be tailored to avoid constraints on free speech, the freedom of the press and academic freedoms.

Table Of Content

  • Cover
  • Title
  • Copyright
  • About the author
  • About the book
  • This eBook can be cited
  • Table of Contents
  • List of Acronyms
  • List of graphs, tables and statistics
  • Introduction
  • Acknowledgements
  • Protecting the state and its historical identity: Klaus Bachmann
  • Protecting the Nation’s Good Name: Klaus Bachmann
  • Genocide Prevention and the Punishment of Genocide Ideology in Rwanda: Christian Garuka
  • Memory laws in Turkey: protecting the memory of Mustafa Kemal Atatürk: Grażyna Baranowska
  • Between heroes and perpetrators: Ukraine’s ambiguous legal approaches to the Soviet legacy and independence fighters: Igor Lyubashenko
  • Freedom of expression and debates about history in the case law of the European Court of Human Rights: Ireneusz C. Kamiński
  • Conclusion
  • Note on contributors
  • Index of names and notions

cover

Bibliographic Information published by the Deutsche
Nationalbibliothek

The Deutsche Nationalbibliothek lists this publication in
the Deutsche Nationalbibliografie; detailed bibliographic
data is available in the internet at
http://dnb.d-nb.de.

Library of Congress Cataloging-in-Publication Data
A CIP catalog record for this book has been applied for at the
Library of Congress.

This publication was sponsored by the Polish Ministry of
Science and Higher Education in the framework of the project
“Criminalizing History”, BST3/2018D.

About the author

The Editors
Klaus Bachmann is professor of social sciences at SWPS University of Social Sciences and Humanities in Warsaw, Poland. His research concentrates on International Criminal Justice, Modern European History and European Integration.

Christian Garuka is Lawyer and defence counsellor in Kigali, Rwanda.

About the book

Klaus Bachmann / Christian Garuka (eds)

Criminalizing History

Why do states ban certain statements and interpretations of the past, how do they ban them and what are the practical consequences? This book offers an answer to these questions and at the same time examines, whether the respective legislation was supply- or demand-driven and how prosecutors and courts applied it. The comparison between Germany, Poland, Ukraine, Rwanda and Turkey offers several surprising insights: in most countries, memory law legislation is supply driven and imposed on a reluctant society, in some countries it targets apolitical hooligans more than intellectuals or the government’s political opponents. The book also discusses, why and how liberal democracies differ from hybrid regimes in their approach to punitive memory laws and how such laws can be tailored to avoid constraints on free speech, the freedom of the press and academic freedoms.

This eBook can be cited

This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.

Details

Pages
182
ISBN (PDF)
9783631813522
ISBN (ePUB)
9783631813539
ISBN (MOBI)
9783631813546
ISBN (Hardcover)
9783631809570
Language
English
Publication date
2020 (March)
Published
Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2020. 182 pp., 1 fig. b/w, 4 tables.

Biographical notes

Klaus Bachmann (Volume editor) Christian Garuka (Volume editor)

Klaus Bachmann is professor of social sciences at SWPS University of Social Sci -ences and Humanities in Warsaw, Poland. His research concentrates on Inter-national Criminal Justice, Modern European History and European Integration. Christian Garuka is Lawyer and defence counsellor in Kigali, Rwanda.

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Title: Criminalizing History