Stephan Kirste: Der
Beitrag des Rechts zum kulturellen GedŠchtnis
In the course of its history since the Middle Ages
law has shifted from a dependent object of the cultural memory to a forming
power. By the selection and stabilization of certain values and norms and the
discrimination of others it influences the general understanding of the past no
less than by making the criminal offender a memory in the prosecution or on the
opposite by demanding the deletion of data which could infringe the privacy of
a person. This influence is not without danger for fundamental freedoms, as the
French laws on the debate about its colonial past show. Accordingly, the impact
of the law on the cultural memory is limited by fundamental rights such as the
freedom of science and the rights of personality.
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