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Dealing with the Past as a Way of Legitimising Authorities in Transitional States

Anna Sobaczewska
Polish Academy of Sciences
Anna Sobaczewska
Polish Academy of Sciences

Abstract

The TJ as political action could be analyzed on three levels: micro - as a case study of individually administering justice, mezzo – as dealing with the past in political and legal institutions and macro – as building a social and political approach of overcoming the past. The observation of two last decades of dealing with the past in CEE countries shows the TJ doesn’t act on these three levels simultaneously or even similarly – it is much more weak on micro level and the strongest as policy of creating the remembrance of the past but rather as a nonrepresentational than concerning the particular person or occurrence. The justice during transition, regarded as the instrument of dealing with wrong past, can be then examined at first as a tool of creating the common remembrance of the historical occurrences, made by public authorities in post totalitarian or post authoritarian state. The main function of TJ in CEE states is to create the identity of political communities, built on unambiguous remembrance of the wrong past and the other goals of TJ process, which could be reached, have lesser significance.