Behindert das (deutsche) Recht die zeithistorische Forschung?

Contemporary History is history that is »still smoking« (Barbara Tuchman). Since there is no smoke without fire, contemporary historical research deals with historical eras or events that continue to be widely discussed due to political controversies persisting up to the present day. Moreover, conte...

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Bibliographic Details
Main Author: Jan Thiessen
Format: Article
Language:deu
Published: Max Planck Institute for Legal History and Legal Theory 2023-09-01
Series:Rechtsgeschichte - Legal History
Subjects:
Online Access:https://proceedings.hpsg.xyz/index.php/rg/article/view/1989
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Summary:Contemporary History is history that is »still smoking« (Barbara Tuchman). Since there is no smoke without fire, contemporary historical research deals with historical eras or events that continue to be widely discussed due to political controversies persisting up to the present day. Moreover, contemporary historical research is subject to numerous legal restrictions. This is particularly true for contemporary legal history. Academic freedom and freedom of information have to be weighed against personality rights and judicial independence. In that light, the article reviews essential provisions of German law regarding the legal access to historical sources, especially the Federal Archives Act, and illustrates practical issues in writing contemporary legal history.
ISSN:1619-4993
2195-9617