Verurteilt: Mein Jahr als Strafrichter (German Edition)
Contents:
National identity is an element of the imaginary institution of our societies. It is based on a constructive representation of facts and memories; formed and reformed throughout time.
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It implies a choice among many possible narratives. There is always some arbitrariness in the choice of elements that constitute a national identity, as it involves choosing and giving value to facts and events forming the preferred narrative that meets the needs of constructing a national identity.
Gröning-Prozess: Hatten SS-Mitglieder damals wirklich „keine Wahl“?
Using the law to solidify a version of national identity can lead to serious violations of human rights. There is something highly problematic in using memory to form an official version of the truth that can be enforced through the law.
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Memory is a pre-theoretical recollection of historical events based upon and sustained by the irrational elements within our collective consciousness. As such, memory can be manipulated to serve the goals of a particular political agenda.
Journey to the Dark Side Issue Although blocking and deleting are thus distinct, they will be collectively referred to as deleting throughout the post. Yet, people affected by these severe harms have, generally, struggled to hold the perpetrators to account and receive damages to ameliorate their suffering. Think, for example, of education, culture and health which, together, employ incomparably more workers than the media or the car industry. Breaking Bank Issue Foreigners from the east worked and slept in the same clothing in which they arrived.
More recent cases stirring controversy in Greece abound, where ideas and visions of national identity and the construction of memories that go together are used to sway public opinion. Recently, the appointment of historian Lambros Baltsiotis in the position of Special Secretary for Issues of Citizenship by the Minister for Internal Affairs stirred controversy as some of his writings were considered to be contrary to the preferred narratives that form the Greek national identity.
Hatten SS-Mitglieder damals wirklich „keine Wahl“?
Lambros Baltsiotis has written extensively on issues of Greek national interest, offering interpretations that are considered eccentric in comparison to the dominant narrative about those facts which is seen as compatible with the Greek national identity more generally. This point was seen as extremely offensive to the Greek national identity by those who objected to his appointment in the position of Special Secretary for Issues of Citizenship. The critics of his appointment noted that there are dangers in appointing to the politically delicate position that entails deciding upon the granting of Greek citizenship a person who has put forward interpretations of facts that are contrary to national interests.
Granting citizenship as a matter critical to national interests should not be entrusted to a person who has written against these interests. In the delicate context of political and national insecurity, the fact that Lambros Baltsiotis exercised his academic freedom is seen as endangering national interests. Although the controversy did not block the appointment of Lambros Baltsiotis, it indicates the dangers that the politics of memory can pose to academic freedom.
Both the cases of Richter and Baltsiotis reveal the negative unintended consequences for academic freedom from recourse to the law to express condemnation of particular historical facts. These cases arose in Greece — a country struggling under recent misfortunes and feeling the need to affirm its national identity and its importance in world history in the context of the global economic crisis.
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Nevertheless, from the application of similar legislation cases threatening academic freedom have also emerged in France regarding its attempts to handle its paradoxical history as the country of human rights and of colonial domination. Enacting legislation that commemorates a genocide that took place in the past and legislation that criminalises the denial of crimes against humanity can have pernicious unintended consequences for important freedoms.
Although these laws are the result of collective disapproval of certain historical atrocities, they can lead down the slippery slope of threatening freedom of speech. Extreme caution is needed to control the irrational elements within collective consciousness in a way that is compatible with the protection of important liberties such as academic freedom. Our collective search for meaning within our various communities should be open and allow for expressing interpretations of historical facts that might seem idiosyncratic or even offensive and disturbing to the collective narratives of a community in its search for self-understanding.
This recommendation applies to the community of the nation state, the emerging collective consciousness of the EU and of the community of humanity as a whole. A former version of this article misquoted Lambros Baltsiotis' observations toward the term "genocide" and its use by nationalists. What Baltsiotis referred to was the violence against Pontic Greeks, not against Armenians. It is enough to know what his government is doing — to the independence of the judiciary, to freedom of communication and to freedom of science when it comes to talking about possibly dishonourable aspects of Polish history.
On the other hand, it would also be a mistake to take the populists' strive for normality at face value, of course. Whether they preach pluralism, democracy and diversity of opinion is not the yardstick.
We shall know them by their deeds. We have tons of experience from Poland, Hungary, Russia and elsewhere at our hands to make use of and sharpen our distinctiveness with. In my last editorial , I proposed a "Project Waterproof": However, the finding and mending of leaky points is only one reason why I consider such a project of comparative constitutionalism to be necessary.
The so-called populists are all learning from each other. In the German Bundestag , the AfD will chair three committees during the current legislative period, among them the important Committee on Legal Affairs, which will be headed by a person named Stephan Brandner, who as a Member of the Thuringian Landtag has earned himself a reputation as a particularly reck- and ruthless spinner of perspectives and originator of liberal dizzyness and despair.
Whether and to what extent he will be able to continue this activity in his future role is a question of parliamentary law which I would be keen to hear the answer to. The afore-mentioned law in Poland to penalize not only the slanderous expression "Polish concentration camps", but also the linking of Nazi crimes to the Polish state or nation, has provoked a massive wave of international protest, particularly from Israel. In Romania , tens of thousands of people have taken to the streets in recent weeks because they have reason to believe that their independent judiciary will be taken down the same road as the one in Poland, as the ruling party PSD seeks to pursue its corrupt business without judicial hindrance.
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John Demjanjuk zu fünf Jahren Haft verurteilt
In Slovakia , President and Prime Minister have been wrestling with each other for years over the nomination of three constitutional judges. In the land of Shakespeare, the constitutional way to confer comprehensive regulatory powers on the government by an act of Parliament is named a "Henry VIII clause".
In Germany , the constitutional highlight of the week was a two-day hearing before the Federal Constitutional Court on the question of when psychiatric patients may be fixated in their beds for the protection of themselves or others.
So much for this week. By the way, we had a bit of a technical hitch with the registration for the newsletter lately.