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Judging the Communist Past: Historians and Cultural Expertise in Polish Administrative Courts

Since 1989, cultural expertise has emerged as a crucial factor in navigating Poland's communist past. The use of cultural expertise provided by historians was institutionalized in 1999, when the Institute of National Remembrance was created and charged with prosecuting Nazi and communist crimes, as well as assisting with the belated decommunization. Expert historians are requested by courts and other institutions to provide opinions in cases ranging from alleged collaboration with communist secret services, withdrawal of veteran status bestowed to soldiers of communist military units fighting the Polish resistance movement, awarding compensation to victims of German concentration and labour camps, to changing names of places named after prominent Party activists. Using this expertise requires the courts to understand the intricacies of recent Polish history, such as the operational methodology and archival practices of communist secret services, or the complex interplay of motives to collaborate (or not) with foreign oppressors. In this paper, the new salience of historical expertise for the Polish courts is analysed within the framework of Honneth's (1995) ‘struggle for recognition’ and Haldemann's (2008) work on the symbolic role of courts in transitional justice contexts.