Juridification of history

between collective memory,
historiography and politics of memory

December 18, 2020

Polish Academy of Sciences
Scientific Centre in Vienna

Live streaming of the conference

Part of the Law

and Memory Project

About conference​

Juridification of history – between collective memory, historiography and politics of memory is part of the Law and Memory project, dealing with topics related to juridification, politics of memory and historical revisionism. This year’s conference focuses on the subject of juridification of history.

The conference will provide a legal and philosophical contribution to the discussion on the juridisation of history – a process of interference by legislator and the courts with public debate about the past. The formulation of narratives referring to the past is a key element of the politics of memory by countries and nations competing for “moral capital” or striving to achieve other goals. The memory laws (lois mémorielles, Erinnerungsgesetze, prawa pamięci) may therefore be either anti-negationist or anti-defamatory. In the former case, they are to set the boundaries to historical revisionism, whereas in the latter – to protect against libel and defamation. In both cases, they create specific legal taboos that restrict freedom of expression.

The premise of the conference is therefore to present a scientific view on legal and philosophical questions related to the juridification of history.

The conference will result in a post-conference publication.

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“We want ourselves to be seen and to have been seen as we are; and we want just as much to veil ourselves and remain unknown, for behind every determination of our being lies dormant the unspoken possibility of being different.”

― Helmuth Plessner, Grenzen der Gemeinschaft

Agenda

December 18, 2020

Juridification of history between collective memory, historiography and politics of memory

9.30 AM – 9.45 AM

Prof. Arkadiusz Radwan

Polish Academy of Sciences – Scientific Centre in Vienna, Vytautas Magnus University

Director of the Polish Academy of Sciences Scientific Centre in Vienna, habilitated doctor of legal sciences, professor at the University of Warsaw and the Vytautas Magnus University in Kaunas, honorary co-director of the Center for Company Law & Corporate Governance at Babeş-Bolyai University in Cluj, guest lecturer at, among others, the LUISS Guido Carli University in Rome, co-founder and first president of the Allerhand Institute, member of the advisory board of the Center for European Company Law (CECL), legal expert of the European Commission, the European Parliament and many Polish ministries.

Panel I: Moral, philosophical and cultural foundations of legal governance of history

09.45 AM – 10.00 AM

Prof. Jiří Přibáň

School of Law and Politics, Cardiff University

Jiří Přibáň graduated from Charles University in Prague (1989) where he was appointed professor of legal theory, philosophy and sociology in 2002. He was also visiting professor or scholar at European University Institute in Florence, New York University (Prague Office), University of California in Berkeley, University of San Francisco, University of Pretoria, The Flemish Academy in Brussels and University of New South Wales, Sydney. Jiří Přibáň has published extensively in the areas of social theory and sociology of law, legal philosophy, constitutional and European comparative law, and theory of human rights. He is an editor of the Journal of Law and Society and a regular contributor to the Czech and international media.

10.00 AM – 10.15 AM

Dr. Milosz Matuschek

Panthéon-Sorbonne University

Milosz Matuschek is a lawyer, journalist and free speech activist, living in Zurich. He wrote his P.h.D. about Holocaust denial bans and taught German Law at the Sorbonne School of Law for five years. He has been writing for 15 years for different media outlets, such as NZZ, Welt, F.A.Z. and has recently launched his own publication „Freischwebende Intelligenz“ (https://miloszmatuschek.substack.com), where he writes about Free Speech matters. He launched an open letter for open debates and against cancel culture in September 2020 (https://idw-europe.org/)

10.15 AM – 10.30 AM

Dr. Aušrinė Pasvenskienė

Vytautas Magnus University

Dr. Aušrinė Pasvenskienė is a Vice-Dean, lecturer and researcher at the Faculty of Law, Vytautas Magnus University. Her research interests are education law, law and technologies, human rights in education.

Currently she is a researcher in the project Integrity Study of the Future Law, Ethics, and Smart Technologies”.

10.30 AM – 10.45 AM

Dr. Lea David

University College Dublin

Lea David is an Assistant Professor and Ad Astra Fellow at the School of Sociology, University College Dublin (UCD). She is a comparative historical sociologist with a strong interdisciplinary background in cultural anthropology and history. Previously, Lea David held several postdoctoral fellowships such as the Fulbright fellowship, the Rabin fellowship, the Jonathan Shapira fellowship, the Marie Curie Research Fellowship and the VATAT fellowship (Israeli Fellowship for the Most Promising Young Israeli Scholar). She completed her PhD at the Department of Sociology and Anthropology at Ben Gurion University, Israel. She has published a number of peer-reviewed articles, book chapters in edited volumes, and opinion pieces in English, Hebrew and Serbo-Croatian. Her book “The Past Can’t Heal Us: The Dangers of Mandating Memory in the Name of Human Rights” just got published (2020) with Cambridge University Press. Lea David is a Co-Chair (together with Dr Gruia Badescu and Dr Jelena Djurainovic and Dr Magdalena Zolkos) of the Critical Thinking on Memory and Human Rights Research Group within the Memory Studies Association (MSA). Her research interests cover the tension between qualitative and quantitative methods; memory; nationalism; human rights, ideologies; solidarity; activism; the intersection between the Holocaust and genocide, and conflicts in the former Yugoslav countries and in Israel/Palestine.

10.45 AM – 11.15 AM

11.15 AM – 11.30 AM

Panel II: Collective memory, genocides and international law

11.30 AM – 11.45 AM

Prof. Michał Balcerzak

Nicolaus Copernicus University in Toruń

Associate Professor at the Human Rights Department, Faculty of Law and Administration at Nicolaus Copernicus University in Toruń, Poland. Enrolled in the list of ad hoc judges of the European Court of Human Rights (2018-2022). Member (since 2014) and Chair (2018-2019) of the United Nations Working Group of Experts on People of African Descent (special procedure of the Human Rights Council). Member of the Advisory Legal Committee at the Polish Ministry of Foreign Affairs. Advocate, member of Warsaw Bar Association. He specializes in European and International human rights law, international judiciary and the law of international organizations.

11.45 AM – 12.00 PM

Prof. Paweł Wiliński

Adam Mickiewicz University in Poznań

Prof. Paweł Wiliński – professor of law, chief of the Department of Criminal Procedure at Adam Mickiewicz University in Poznań, Poland; Judge of the Supreme Court of Poland. Ad-hoc Judge of the European Court of Human Rights, Strasbourg (2010-2012, 2015-2016). Expert in criminal procedure, international criminal law, victims and witnesses protection system, protection of minors in criminal law, teaching also human rights law, constitutional aspects of criminal law. Author of over 200 publications on criminal procedure, criminal law, international criminal law and procedure.

12.00 AM – 12.15 PM

Dr. hab. Dennis Lichtenstein

Austrian Academy of Sciences; Alpen-Adria-University Klagenfurt

Dennis Lichtenstein is a postdoctoral researcher at the Institute for Comparative Media and Communication Studies (CMC) at the Austrian Academy of Sciences in Vienna and the University of Klagenfurt. Before he held positions at the universities in Augsburg, Düsseldorf and Friedrichshafen in Germany. He graduated in communication science with a thesis on the construction of European identities in national media discourses. His recent research interests are in the fields of political crisis communication and the depiction of politics in infotainment media formats.

12.15 AM – 12.45 PM

12.45 PM – 13.30 PM

Panel III: Nationalisation of memory – a comparative evidence of memory laws and their clashes

1.30 PM – 1.45 PM

Dr. Manuel Becker

University of Bonn

Since 2018 Geschäftsführer of the Institute for Political Science and Sociology at University of Bonn. His research interests consist: historical-political research, comparative dictatorship and extremism research, ideologies, party systems, higher education politics. Since 2009 he is a scientist at the Institute for Political Science and Sociology at University of Bonn. In 2013 he obtained PhD at the Faculty of Arts at Bonn University (thesis: Geschichtspolitik in der “Berliner Republik”. Eine theoretische Grundlegung der Geschichte als Element des politischen Handelns und eine Analyse ausgewählter geschichtspolitischer Kontroversen). He finished his Masters in2009 at the Faculty of Arts at Bonn University (thesis: Theorie des Diktaturvergleichs und die Rolle der Ideologien in den beiden deutschen Diktaturen). In years 2004-2009 he studied Political Science, History and Philosophy at University of Bonn and at Institut d’Etudes Politiques de Paris (Sciences Po).

1.45 PM – 2.00 PM

Dr. Peter Pirker

University of Innsbruck

Dr. Peter Pirker is a historian at the Department of Contemporary History, University of Innsbruck. He published several monographs and edited volumes including Codename Brooklyn. Jüdische Agenten im Feindesland (Innsbruck 2019) and Schnappschüsse der Befreiung. Fotografien amerikanischer Soldaten im Frühjahr 1945 (with Matthias Breit, Innsbruck 2020). He launched www.porem.wien, a digital map on the memorial landscape of Vienna.

2.00 PM – 2.15 PM

Dr. Mateusz Tondera

Jagiellonian Club, Kraków

Mateusz Tondera is an attorney at law living in Krakow. In 2017 he obtained his PhD at Jagiellonian Univesity in Krakow, Faculty of Law and Administration, Department Philosophy of Law and Legal Ethics (thesis: Thought Experiments in Law). He is mainly interested in philosophy of politics and law. He is also a musician.

2.15 PM – 2.30 PM

Dr. Sonia Horonziak

Polish Academy of Sciences – Scientific Centre in Vienna

Doctor of social sciences in the field of political science, graduated in political science at the Jagiellonian University in Krakow. She works as Scientific Contacts Specialist at the Polish Academy of Sciences Scientific Centre in Vienna. She holds a scholarship of the Society-Environment- Technology (SET) and Erasmus Plus programs. Author of many publications in the field of political anthropology and political theory, including: Bavarian 2020 Absentee Ballot and COVID-19 (2020), Moral hypertrophy and degeneration of institutions – Arnold Gehlen’s warning against the consequences of Hobbesian nature (2019), Post-truth and political realism and romanticism. New occurrence or known phenomenon? (2018). She is also marketing and sourcing specialist and the author of several articles in the internet magazine “Marketing przy Kawie” on marketing and advertising.

2.30 PM – 2.45 PM

Prof. Fryderyk Zoll

Jagiellonian University Kraków; University of Osnabrück

Prof. Fryderyk Zoll, doctor honoris causa (National Economic University of Ternopil), is a professor at the Civil Law Department of the Faculty of Law and Administration, Jagiellonian University in Kraków and at the European Legal Studies Institute, University of Osnabrück. He has experience as a leading researcher of numerous grant projects on private law as well as civil procedure, financed by national and international entities. Currently, he is i.a. a member of the Executive Committee of the European Law Institute (Vienna), and numerous associations connected with private law as well as legal education and justice system. Also, he was a member of the Common Frame of Reference and Committee of Acquis Group drafting teams as well as the Member of the Codification Commission at the Polish Ministry of Justice (2011-2015). His scientific interests focus mostly on European private law, consumer law, comparative law, public interference with private law (e.g. ecology), and independence of judiciary.

2.45 PM – 3.15 PM

3.15 PM – 3.30 PM

Panel IV: Look Who's Back - Political and constitutional problems of preventing Nazi revival

3.30 PM – 3.45 PM

Hon.-Prof.in Dr.in Brigitte Bailer-Galanda

University of Vienna; Documentation Centre of Austrian Resistance

Brigitte Bailer(-Galanda), historian and social scientists, since 1979 member of staff of the Documentation Center of Austrian Resistance, 2004-2014 acacemic director. Lecturer at the Institute of Contemporary History, University of Vienna. Research topics Persecution and Resistance 1938-1945, Austria’s dealing with her Natiional Socialist past – indemnification and restitution for victims of National Socialism, Right-wing extremism in Austria, especially Holocaust denial.

3.45 PM – 4.00 PM

Dr. Janusz Roszkiewicz

University of Warsaw

Dr. Janusz Roszkiewicz – Assistant Professor at the Human Rights Centre of the University of Warsaw, specialises in public law and medical law, works at the Supreme Court of the Republic of Poland.

4.00 PM – 4.20 PM

4.20 PM – 4.35 PM

Panel V: Living with the past – decommunization and transitional justice in Central and Eastern Europe

4.35 PM – 4.50 PM

Dr. Jacek Sokołowski

Jagiellonian University Kraków

Jacek K. Sokołowski graduated from Jagiellonian University Law Faculty in 2000; in 2005 received his Ph. D. degree at the University Heidelberg and since then he has combined legal practice with academic activity. He is mainly interested in mutual interdependence of law and politics, especially the lawmaking process. 

4.50 PM – 5.05 PM

Dr. Miklós Könczöl

Pázmány Péter Catholic University; Hungarian Academy of Sciences

Miklós Könczöl is associate professor at Pázmány Péter Catholic University, and research fellow at the Institute for Legal Studies, Centre for Social Sciences (Budapest). His research focuses on the history of legal rhetoric, theory of argumentation, and the semiotics of law. He currently works on Hungarian case law concerning the accessibility of secret service files from the pre-1989 communist regime. He is managing editor of the journals Intersections. East European Journal of Society and Politics and Hungarian Journal of Legal Studies – Acta Juridica Hungarica.

5.05 PM – 5.20 PM

Prof. Klaus Ziemer

Cardinal Stefan Wyszyński University in Warsaw

Klaus Ziemer, born in 1946 in Heidelberg. Studies in history, political science and Latin in Heidelberg and Munich. 1975 PhD, 1985 habilitation in political science in Heidelberg. 1991-2011 professor of political science at the university of Trier, during that time ten years director of the German Historical Institute in Warsaw. 1998-2018 professor of political science at the Cardinal Stefan Wyszyński University in Warsaw. Fields of interest: Transformation in post-Communist countries, German-Polish relations after WW II, history policy.

5.20 PM – 5.35 PM

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Polish Academy of Sciences – Scientific Centre in Vienna
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