Memory and Oblivion as Social Constructs in the Transformation of the State-Legal System: The Case of the Transition from Authoritarian Regime to Democracy in Spain (1976−1982)

Every new democratic government that emerges after a long period of authoritarian rule faces the challenge of establishing a historical memory as part of its efforts to form a national identity.Including the past in the "democratic memory" can be a difficult process, as it requires considering the role that certain groups played in the previous regime, which can be painful for some members of society who may have tacitly supported or actively participated in the dictatorial system.As a result, strategies like forgetting or therapy are sometimes used to integrate the past into the present.Despite the importance of maintaining the continuity of national history, efforts are being made to incorporate the past into contemporary life through the creation of historical memory.Within this research, the author analyzes the scientific and ethical principles of historical research, as well as the social conflicts related to linking the concepts of "memory" and "history" with "values", "justice", and "truth".The author sets as a goal the identification of contradictions in the formation of historical memory during the transformation of the country's legal system from an authoritarian regime to democracy.Based on this, the author proposes basic principles for the construction of this social phenomenon.The period of transition in post-Franco Spain, between 1976 and 1982, serves as an example.It can be divided into three key stages: the death of the dictator and the beginning of changes (1976-1977), the adoption of the new Constitution (1978), and the unsuccessful coup attempt and subsequent general elections (1981-1982).These events showed the consolidation of the population's support for democratic changes.During this time, there was a process of creating myths about historical memory through politics, law, and ideology.This process was accompanied by major social contradictions, including political debates, demands for justice and compensation for relatives of those repressed under the old regime, the adoption of laws on historical memory, and other initiatives.