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The role of justice in shaping historical memory

Journal: RUDN Journal of Law (Vol.29, No. 1)

Publication Date:

Authors : ; ;

Page : 153-170

Keywords : Judicial process; tribunal; judicial mechanisms; history; historical memory; formation of memory;

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Abstract

The right of peoples to know and remember their history is inviolable. In today’s information-rich world, knowledge and beliefs are shaped by many sources. One unconventional and underexplored source in this context is a judicial act. This study aims to demonstrate that judicial acts can serve as sources of knowledge and that judicial bodies influence the formation of historical memory in various ways. The methods employed include logical-historical analysis, which helps identify trends and patterns leading to specific conclusions; the inductive method, which allows to generalize the empirical material accompanied by concrete conclusions and proposals; and analytical methods that consider the roles of individual stages and functions within judicial processes. The main findings reveal the significant impact of judicial processes on the formation of historical memory, which can be both direct and indirect. The study identifies the forms of this influence and outlines the functions of judicial bodies relevant to the topic under consideration. Within the adversarial process, participants, depending on their procedural status, provide explanations or testimony while pursuing their own interests. The accounts and statements of eyewitnesses to historical events are crucial for how these events are perceived by future generations. Such explanations and testimonies are recorded in court hearing minutes and final judicial acts, which cannot be erased from history due to their legal authority.

Last modified: 2025-04-10 06:17:30