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'It is a lesson which all history teaches wise men, to put trust in ideas, and not in circumstances'.Ralph Waldo Emerson'It is precisely in times of national emergencies that civil liberties must be defended and protected most forcefully. If not, then governments will be given incentives to constantly create crises, or perceptions of crises, and declaring "official states of emergency" in order to grab more and more power and money and destroy more and more liberty and prosperity'.United States Supreme Court (Ex Parte Milligan. 1866)IntroductionSince the September 11 attacks, the notion of state of exception has been used in order to coin the legal and political repercussions of the 'War on Terror'. These, by being labeled within the state of emergency's legal -or extralegal- framework, have been able to be constitutionally justified and, also, ethically criticized. Proponents of draconian measures consider that, in certain circumstances, necessity dictates policies aimed at protecting the State from terrorist attacks. They deem terrorism an imminent and serious threat capable of destroying the institutions that give political cohesion to society. Denying, suspending and limiting certain individual rights amount to a lesser evil; compared to the, apparently, almost certain greater evil that terrorists embody. On the other hand, advocates of the inviolability of the rule of law believe that under any situation a democratic government should allow urgency and peril prevail over the constitutionally recognized political and human rights. For them, counterterrorism should not rely on extralegal actions 'legitimized' by the state of exception. The State already has the legal and adequate tools, provided by the police and criminal justice, to persecute terrorists. Democracies that recur to lesser evil arguments to fight terrorism always end up committing more damage that the one they were trying to prevent.This essay will analyze the state of exception by studying the legal and the political-social natures of it. Various arguments, in favor and against the exception, will be showcased by continuously referring to the War on Terror and its effects on the legal system and democracy. Lastly, a conclusion will address the importance of this debate in current politics and society. The State of ExceptionThe state of exception or emergency can be studied under two different kinds of views: the legal and the political-social ones. The former defines the state of emergency, within the various constitutional frameworks of current modern democracies, as a temporary measure that limits or suspends certain individual freedoms within the territory of the State . It is prompted by a critical and imminent, domestic or foreign, threat to the State's existence. Under this scenario, necessity overcomes the 'normal' rule of law. Consequentially, individual freedoms are limited while police, security and military agencies' powers are enhanced. The debate regarding the state of exception's legal aspect circles around the constitutionality of its enactment, the variety of faculties attributed to the State's security forces and, more importantly, the personal rights suspension's lawfulness. Politically and socially, the state of emergency is conceived either as the pivotal attribute that defines the sovereign body as such; or, either as the transitional step required for -'legitimately'- transforming a democracy into a dictatorship. The former perception links the state of exception with the concept of sovereigntyunderstood as the State's existence as an organized polity . The latter one considers any type of restriction to individual freedoms as a permanent damage to the fabrics of democracy . The Legal Nature of the State of Exception The legal, and political, origin of the state of emergency is to be found in ancient Roman law. According to the lex de dictatore creando, whenever the Roman Republic was in grave danger, the Senate designated an extraordinary magistrate that was invested with absolute and total authority over the Republic . Subsequently, a provisional dictatorship was instituted that lasted for six months or until the threat passed. The republican and the dictatorship authorities, to the Romans, were complementary; quite the opposite of how democracies and authoritarian regimes are understood today. However, Roman dictators quickly learned how to indefinitely prolong their authority by perpetuating foreign wars through the creation of an Empire.The institution of the Roman provisional dictatorship is the historical legal inception of the various types of state of emergency that are currently present within modern constitutions. Broadly speaking, in every constitution the state of exception is declared by the head of the executive power whenever the normal functions of the State's institutions are no longer guaranteed because of foreign attack or domestic unrest. Fundamental liberties and rights -such as habeas corpus, freedom of movement and public gathering among others- are suspended or severely restricted. In most cases, the executive is entitled to order the arrest of individuals and to set military commissions for their trials. The security forces' faculties are enhanced and the military is allowed to take on police activities. Depending on the country, the state of emergency could be declared to last for days, months or years and it can even be extended indefinitely number of times . The debate concerning the state of exception's legal aspect comprises three main issues: its constitutionality; the amount of power given to the security forces; and, the limits set on fundamental freedoms, individual rights and constitutional guarantees. The state of emergency's constitutional validity considers under which cases it can be declared. As stated before, it is necessity that calls for the establishment of exception. It is necessary to give to the executive branch of government extraordinary powers and authority in order to prevent the State's breakdown from an imminent and grave danger. This peril can be prompted by a domestic or foreign threat. The latter are not sufficiently, and narrowly, defined by modern constitutions. Normally, they invoke a military invasion by a foreign country or an internal insurrection; but both of them are broad cases and can be loosely interpreted. Taking the U.S. Constitution, for example, the state of emergency is only referred to in Article I, Section 9 where it states: 'The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.'Therefore, only in the cases of rebellion –domestic threat- and invasion –foreign threat- the state of exception can be enacted. Regrettably, the Constitution does not define what constitutes a rebellion or an invasion. The task was left for legal experts and the Judiciary to tackle; but, it has not been easy or even coherent.The Supreme Court had the opportunity to take on the constitutionality of the state of emergency after President Lincoln had declared it in 1861 . In Ex Parte Milligan, it was decided that the suspension of the habeas corpus and the setting of military tribunals for citizens was unconstitutional because, even if a rebellion was in course, civilian courts were still operating. Additionally, the Supreme Court went even further by declaring that the theory of necessity, which justifies the state of exception, was false. It was argued that under the rule of law, guaranteed by the Constitution, the powers needed to protect the State's institutions are already set in place. Lastly, the Justices regarded the state of exception as a dangerous instrument that could only lead to despotism . Nevertheless, the Court did not pronounce itself about the issue of defining what constitutes a rebellion or invasion. Interestingly, even if it was deemed –correctly- that necessity never justifies the suspension of the rule of law, by not defining what constitutes an emergency, the Court considered the issue a political, and not a legal, matter . Rebellion and invasion remain broad, undefined, cases open to interpretation and to malleability by politics. In subsequent cases, the Supreme Court refrained itself from approaching the issue .The question of the security forces' enhanced powers, during the state of emergency, is a thornier one when compared to the former. Moreover, it is also deeply intertwined with the problem regarding limitations to fundamental liberties. During the state of exception the police and other security agencies are given extraordinary faculties aimed at facilitating the expedient resolution of the crisis. Therefore, they are allowed to search within premises without warrants, to arrest suspects without a court order, to hold individuals for a long period of time with no access to a lawyer or judge, to carry out aggressive interrogations, to set up wiretapping and close surveillance with no Judiciary control. Furthermore, it could also be the case that intelligence agencies and the military would be empowered to perform police and judicial activities. Since the declaration of the state of emergency by President George W. Bush, following 9/11, numerous enhanced and new attributes have been granted to the United States' security forces and agencies. Their faculties were augmented by several executive decrees and the three Patriot Acts. These pieces of legislation were said to be justified by the imminent and severe danger that terrorism embodied. But, are these prerogatives really needed to prevent future terrorist attacks? This is, of course, an endless debate; and one that again points out to the relationship between law and politics. As implied by the Supreme Court in Ex Parte Milligan, terrorists can be persecuted without declaring the state of emergency, by applying 'plain' criminal law and by letting the F.B.I -not the military- take the lead. To sum up, the 'normal' rule of law is perfectly suited for the task. However, depending on how terrorism is considered, as a war act or as a criminal one, is still a political issue.Just like in both the question of the constitutionality of the state of exception and the empowerment of security agencies, the concern regarding the suspension or restriction of fundamental liberties is one that is ascribed within the lesser evil debate. Legally, the selection between continuing the 'normal' rule of law or enacting the state of exception weights the possible damage that not acting would cause against the harm that limiting individual freedoms would produce . It is here where the legal concept of necessity comes into play. It is necessary to inflict or withstand a lesser evil in order to prevent a greater evil. This is the pragmatic view of constitutional freedoms: the risk of harming individual freedoms is a lesser one when compared to the possibility of not having any State that protects those liberties . The moral point of view argues that, by restricting constitutional freedoms, the State is causing an irreversible damage that may, quite possibly, be greater than the one that necessity is trying to avoid . When a state of exception is enacted the fundamental liberties that are suspended are, normally, the right to habeas corpus; freedom of movement; the right to public and private gathering; and the right to due process among others. The United States Government, during both the Bush and the Obama Administrations, restricted and suspended several individual freedoms and constitutionally guaranteed rights in order to effectively and speedily fight terrorism and avert further attacks. The rights to habeas corpus, to due process, to unnecessary cruel punishment and to trial by jury have been gravely and irreversibly hampered by the legalization of indefinite detention, targeted killing, aggressive interrogation and military tribunals respectively. In nearly all these cases, there is no chance of contradictory or revisionary procedures that would allow the dismissal of their establishment by proving their unfairness or unconstitutionality . The issue, maybe, is that they are not only unfair, but that they are unnecessary and cause permanent damage. Targeted killing and aggressive interrogation, which would be better labeled as targeted assassination and torture, are completely detrimental to the rule of law and set up dangerous precedents for the future. Since both measures have to be sanctioned, in each case, by the President and there is no possibility of revision, it could be argued that the executive is taking on the exclusive attributes of the other two branches of government. The check and balances system, designed to avoid despotic power, is totally disregarded in these cases . Here, the effects of necessity are clearly the greater evil.Depending on the country, the state of emergency or exception is labeled as martial law or state of siege (état de siège or estado de sitio). Both, however, share the same objectives and are justified by necessity. See Ignatieff, Michael; The Lesser Evil: Political Ethics in an Age of Terror; Princeton University Press; New York; 2004; pp. 25-28. Schmitt, Carl; Political Theology. Four Chapters on the Concept of Sovereignty; Chicago University Press; Chicago; 2005; pp. 5-6. See, Arendt, Hannah; 'Personal Responsibility under Dictatorship'; in Responsibility and Judgment; Kohn, Jerome (Ed.); Schocken Books; New York; 2003.Lintott, Andrew; The Constitution of the Roman Republic; Oxford University Press; Oxford; 1999; pp. 110.For example, in France l' état de siège can only last for 12 days, although the President is allowed to extend it for more time with the Parliament's confirmation. In the United States, the National Emergency Acts can only last for no more than two years, but the President is entitled to extend it for one more years indefinitely number of times by only notifying Congress of his decision. For the French case see Article 16 of the Constitution, available at http://www.vie-publique.fr/decouverte-institutions/institutions/approfondissements/pouvoirs-exceptionnels-du-president.html ; for the American case see the U.S. Code, Title 50, Chapter 34, available at http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_34.html .See the United States Constitution, available at http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=138See Neely, Mark; The Fate of Liberty: Abraham Lincoln and Civil Liberties; Oxford University Press; New York; 1991; pp. 179-184. See Ex parte Milligan, 71 U.S. 2 (1866); available at http://supreme.justia.com/us/71/2/case.htmlSee, Roche, John; Executive Power and Domestic Emergency: The Quest for Prerogative'; Western Political Quarterly; Vol. 5; N. 4; December 1952. See Ex Parte Quirin , 317 U.S. 1 (1942), which declared constitutional the military trials of German saboteurs during the Second World War in U.S. soil, available at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=317&invol=1 ; Korematsu v. United States, 323 U.S. 214 (1944), which determined constitutional the Japanese Americans internment camps, available athttp://supreme.justia.com/us/323/214/case.html ; and, Boumediene v. Bush, 553 U.S. 723 (2008), where it was decided that all Guantanamo detainees had the right of habeas corpus, available at http://www.supremecourt.gov/opinions/07pdf/06-1195.pdf The national emergency was declared through Proclamation 7463 available athttp://ra.defense.gov/documents/mobil/pdf/proclamation.pdfSee Ignatieff, Michael; The Lesser Evil: Political Ethics in an Age of Terror; Princeton University Press; New York; 2004; pp. 40-44.See, Posner, Richard; Law, Pragmatism and Democracy; Harvard University Press; Cambridge; 2003. It is also interesting to consider here Margaret Somers' Arendtian view of political rights versus human rights because the former are recognized and protected by the State. See Somers, Margaret; Genealogies of Citizenship: Markets, Statelessness, and the Right to Have Rights; Cambridge University Press; Cambridge; 2008.See Dworkin, Ronald; Freedom's Law: The Moral Reading of the Constitution; Harvard University Press; Cambridge; 1996.Only regarding the cases of the restriction of habeas corpus and the setting up of military tribunals has the Supreme Court been able to declare their unconstitutionality and illegality. See Hamdi v. Rumsfeld, 542 U.S. 507 (2004) and Hamdan v. Rumsfeld, 548 U.S. 557 (2006); both available athttp://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-6696&friend andhttp://www.supremecourt.gov/opinions/05pdf/05-184.pdf respectively.For a better and more detailed analysis of the legality or illegality of targeted killings and torture see Banks, William; 'Targeted Killing and Assassination: the U.S. Legal Framework'; University of Richmond Law Review; Vol. 37; N. 667; 2002-2003; Dershowitz, Alan; 'When All Else Fails, Why not Torture?'; American Legion Magazine; July 2002; Blum, Gabriella, and Heymann, Philip; 'Law and Policy of Targeted Killing'; The Harvard National Security Journal; Vol. 2, Issue 2; 2010; and Hamdan v. Rumsfeld, 548 U.S. 557 (2006). *Estudiante de Doctorado, New School for Social Research, New YorkMaestría en Estudios Internacionales, Universidad Torcuato Di Tella, Buenos AiresÁrea de Especialización: Procesos de formación del Estado moderno, sociología de la guerra, terrorismo, genocidio, conflictos étnicos, nacionalismos y minorías.

The city of Brest, which is approaching its thousandth anniversary, throughout its history was part of several states: Kievan Ruś, the Grand Duchy of Lithuania, and in 1795 was incorporated into the Russian Empire. In the 20th century, the city was part of Poland (1919–1939), part of the Soviet Union (1939–1941) as a newly formed regional centre of the BSSR; it was under German occupation (1941–1944), part of the Soviet Union (1944–1991), and since 1991 has been part of the independent Republic of Belarus. This paper uses a cultural-historical approach to study the names of intra-city linear objects of present-day Brest. The research data were 51 street names coined in the 21th century, which were subjected to semantic analysis. The obtained results indicate that nominators continue to use the 'nominal' model popular in the 20th century. In particular, the names of recent hodonyms commemorate people who had glorified Brest and its region during the 1941–1944 military actions (Ju. Vinnik, V. Puganov, M. Kryštofovič), as well as such a significant for the city historical event as the battle of Grünwald in 1410. The modern streets have been named after the persons whose fates had been closely connected with the city as their place of residence or with other activity for the development of the post-war Brest (V. Machnovič, V. Hadzietski). There is also a group of street names commemorating surnames: of Belarusian writers (N. Zasim, V. Kalieśnik, I. Melež) and Russian writers (S. Esenin, A. Platonov, A. Griboedov) as well as the Polish historian and social activist (J.- U. Niemcewicz). The 19th century urban street names include various ecclesiastical names, motivated either by names of church buildings (Illinskaja St., Irininskaja St., Pakroŭskaja St.) or by proximity to a nearby confessional object (Hieorhieŭskaja St., Raždzestvenskaja St., Serafim Saoŭskaja St.). For the first time anthroponymic names commemorating Orthodox Christian saints appeared on the map of Brest (Boris, Vladimir, Tatiana). The second attempt to revive the Belarusian language (1991) led to recording official names both in Belarusian and in Russian. Since then, only one name in Belarusian, Staražytnaja Street (Belarusian: Starazhytny – Russian: Ancient) has replenished the list. This name precisely reflects the character of the city, which has witnessed several centuries of complicated history. ; Miasto Brześć, którego historia liczy tysiąc lat, wchodziło w skład Rusi Kijowskiej, Wielkiego Księstwa Litewskiego, Rzeczypospolitej, a od roku 1795 – Imperium Rosyjskiego. W XX w. miasto było częścią Polski (1919–1939), wchodziło w skład Związku Radzieckiego (1939–1941) jako centrum nowo utworzonego obwodu brzeskiego Białoruskiej Sowieckiej Socjalistycznej Republiki (BSSR), znajdowało się pod niemiecką okupacją (1941–1944), ponownie znalazło się w granicach ZSSR (1944–1991, od roku 1945 – BSSR), a od 1991 roku należy do suwerennej Republiki Białoruskiej. Niniejszy artykuł poświęcony jest historyczno-kulturowemu aspektowi nazewnictwa ulic współczesnego miasta Brześcia. Analizie semantycznej poddanych zostało 51 jednostek powstałych w XXI w. Zaprezentowany materiał pokazuje, że w procesie nominacji kontynuowany jest, często stosowany w XX w., model nadawania ulicom nazw pamiątkowych, służący upamiętnieniu postaci zasłużonych dla miasta Brześcia i dla obwodu brzeskiego w czasie działań wojennych w latach 1941–1944 (J. M. Winnik, W. P. Puganow, M. J. Krisztofowicz), jak również upamiętnieniu znaczących dla miasta wydarzenie historycznych, jakim była Bitwa pod Grunwaldem w roku 1410. Najnowsze ulice zostały też nazwane na cześć osób, których losy związane były z miastem przez miejsce zamieszkania bądź też inną działalność na rzecz rozwoju powojennego Brześcia (W. D. Machnowicz, W. I. Goździeckij). Jest też grupa nazw ulic upamiętniających nazwiska mistrzów pióra: białoruskich (N. Zasim, W. A. Kolesnik, I. P. Mieleż), rosyjskich (S. A. Jesienin, A. Płatonow, A. S. Gribojedow) i polskiego pisarza, historyka i działacza społecznego (J. U. Niemcewicza). Nazwy ulic nadane w pierwszym dwudziestoleciu XXI wieku, utrwalają ponadto nazwy obiektów sakralnych (ulica Iljinskaja, Irininskaja, Pokrowskaja) bądź bezpośrednio nawiązują do usytuowanej na ulicy budowli kultu religijnego (ulica Gieorgijewskaja, Rożdiestwienskaja, Sierafima Sarowskogo). Po raz pierwszy na mapie miasta pojawiły się nazwy motywowane imionami świętych Cerkwi prawosławnej (Borys, Włodzimierz, Tatiana). Próba odrodzenia języka białoruskiego w roku 1991 doprowadziła do tego, że nazwy urzędowe były zapisywane w języku białoruskim i rosyjskim. Najnowszy spis brzeskich ulic wzbogacił się o jedną nazwę pochodzenia białoruskiego – Starożytnaja ulica (biał. старажытны – ros. древний, pol. starożytny). Oddaje to charakter miasta, świadka skomplikowanej historii na przestrzeni wieków. ; Горад Брэст, гісторыя якога налічвае тысячу гадоў, уваходзiў у склад Кiеўскай Русi, Вялiкага княства Лiтоўскага, Рэчы Паспалiтай, а з 1795 г. – Расiйскай iмперыi. У ХХ стагоддзi горад быў часткай Польшчы (1919–1939), уваходзiў у склад СССР (1939–1941) як цэнтр новаўтворанай Брэсцкай вобласцi БССР, знаходзiўся пад нямецкай акупацыяй (1941–1944), зноў апынуўся ў межах СССР (1944–1991, з 1945 года – у складзе БССР), а з 1991 года належыць да суверэннай Беларусі. Дадзены артыкул прысвечаны гiсторыка-культурнаму аспекту назваў вулiц сучаснага горада Брэста. У семантычным плане прааналiзавана 51 адзiнка, утвораная ў XXI ст. Прыведзены матэрыял сведчыць пра тое, што ў працэсе намiнацыi працягвае ўжывацца папулярная яшчэ ў ХХ ст. мадэль прысваення вулiцам памятных, мемарыяльных назваў (мемаратываў) для ўвекавечвання памяцi абаронцаў Брэста i Брэсцкай вобласцi ў час ваенных дзеянняў 1941–1944 гг. (Ю. Вiннiк, В. Пуганаў, М. Крыштафовiч), а таксама значнай для горада гiстарычнай падзеi, якой была Бiтва пад Грунвальдам у 1410 г. Найноўшыя вулiцы атрымалi свае назвы ў гонар вядомых асоб, якiя пражывалi ў горадзе, альбо ўнеслi значны ўклад у развiццё пасляваеннага Брэста (В. Махновiч, У. Газдзецкi). Iснуе група найменняў вулiц, якiя ўвекавечваюць прозвiшчы беларускiх (Н. Засiм, У. Калеснiк, I. Мележ) і рускiх мастакоў слова (С. Есенiн, А. Платонаў, А. Грыбаедаў), а таксама польскага пiсьменнiка, гiсторыка i грамадскага дзеяча (Ю. У. Нямцэвiча). Назвы вулiц, нададзеныя ў першым дваццацiгоддзi XXI ст., адлюстроўваюць назвы сакральных аб'ектаў (вуліца Ільінская, Ірынінская, Пакроўская) альбо непасрэдна ўказваюць на размешчаны на вулiцы царкоўны храм (Георгіеўская, Раждзественская, Серафіма Сараўскага). Упершыню на карце горада з'явiлiся назвы, матывавныя iмёнамi святых праваслаўнай царквы (Барыс, Уладзiмiр, Таццяна). Спроба адраджэння беларускай мовы ў 1991 г. прывяла да таго, што афiцыйныя назвы сталi фiксавацца на беларускай i рускай мовах. Найноўшы спiс брэсцкiх вулiц папоўнiўся адной беларускамоўнай назвай – рус. Старожитная улица, бел. Старажытная вулiца. Дадзеная назва добра адлюстроўвае характар горада, якi стаў сведкам складанай гiсторыi на працягу многiх стагоддзяў

In the article it is paid an attention to Circassian (Chercasy) version of the question on origin of Cossacks. On the Christian population of the North Caucasus named Circassians and also who used Slav speech, for the first time was mentioned in the historic and geographical works in XVI century. In the historiography the connection between concept Circassians-cherkasy and Cossacks occurred, probably, in the XVIII century. This fact we can see in the work of Bayer, Tatischev, which were created under the conditions of the Russian Empire. One of the reasons of turning historians to the Circassian (Cherkass) version of the origin of Cossacks it was using from 16 century concerning Cossacks the term «Cherkasy». In the second half of XVIII century to this theme turned the historians, who specialized in the history of Don and Ukrainian (Zaporozhian) Cossacks (Rigelman), or pursue in their historiography activity the specific political purposes (Boltin). With the comparison of a number of documents, it occurs that Boltin as intellectual was especially valued by well-known Russian statesman Potyomkin, who dealt with the matter of renewal, after the destruction of New Sich, the Cossack troops collecting the former Zaporozhian Cossacks, for the purpose to use them on the service of the Russian Empire. Our attention the fact drew that the Boltin's work, in which he deals with the Circassian (Cherkass) origin of Cossacks, issued in the same period (1788 year), when Ekaterina II wrote Potyomkin about the probability of the migration of the former Zaporozhian Cossacks to Taman, where they had to fulfill the military functions which were important for the empire. Thus, the using of the Circassian version of the origin of Cossacks in the Boltin's work acquired political nature, it made the possibility to connect with the historical arguments Zaporozhian Cossacks with the North-Caucasian region. At the turn of XVIII-ХІХ century another author, who visited Taman, and who have seen Black Sea Cossack army, mostly composed of former Zaporozhian Cossacks, applied theCircassian (Cherkass) version to them, connected this army with the region of North Caucasus. This fact allows to confirm our conclusion that in the Boltin's work this version appears under the effect of the concrete political factors, connected with the circumstances of creation of Black Sea Cossack army and determination its territory. In the first third of ХІХ century this concept was defends, as his own, by historian Bantysh-Kamienski. However, under the new conditions it did not obtain support from other historians, who search for the new explanations of origin of Cossacks. ; В статье уделяется внимание черкесской (черкасской) версии происхождения казачества. О христианском населении Северного Кавказа, название которого черкесы, и которое также употребляет славянскую речь, впервые упоминается в историко-географических работах XVI века. В историографии соединение понятия черкесы-черкасы и казаки произошло, вероятно, уже в XVIII веке. Это можно проследить в работах Байера, Татищева, созданных в условиях Российской империи. Одной из предпосылок обращения историков к черкесской (черкасской) версии происхождения казачества было употребление еще с XVI века по отношению к казакам названия «черкасы». Во второй половине XVIII века к этой теме обращаются историки, которые специализируются на истории донского и украинского (запорожского) казачества (Ригельман), или преследуют в своей историографической деятельности определенные политические цели (Болтин). При сопоставлении ряда документов, оказывается, что Болтина как интеллектуала особенно ценил известный российский государственный деятель Потемкин, который занимался делом возобновления, после уничтожения Новой Сечи, казацкого войска за счет бывших запорожцев, с целью использования его на службе Российской империи. Наше внимание привлек тот факт, что работа Болтина, в которой речь идет о черкесском (черкасском) происхождении казачества, вышла в тот же период (1788 год), когда, Екатерина Вторая писала Потемкину о вероятности переселения бывших запорожцев на Тамань, где они должны были выполнять важные для империи функции военного характера. Таким образом, употребление черкесской версии происхождения казачества в работе Болтина приобрело политический характер, позволяло связать с помощью исторических аргументов запорожское казачество с северокавказским регионом. На рубеже XVIII-ХІХ веков другой автор, который побывал на Тамани, в среде Черноморского казацкого войска, созданного с привлечением бывших запорожцев,прямо связывает происхождение этого войска с черкесской (черкасской) версией. Это еще раз подтверждает наш вывод о том, что в работе Болтина эта версия появилась под влиянием конкретных политических факторов, связанных с обстоятельствами создания и определения территории для Черноморского казачьего войска. В первой трети ХІХ века эту концепцию как собственную, отстаивает историк Бантыш-Каменский. Однако в новых условиях она не получила поддержки со стороны других историков, которые ищут новые объяснения истокам казачества. ; У статті приділяється увага черкеській (черкаській) версії походження козацтва, передусім українського. Про християнське населення Північного Кавказу, назва якого черкеси, і яке використовує слов'янську мову, наскільки нам відомо, вперше згадується в історико-географічних працях XVI століття. В історіографії поєднання понять черкеси-черкаси та козаки мало місце, ймовірно, вже у XVIІІ столітті. Це можна простежити у працях Байєра, Татищева, створених в умовах Російської імперії. Однією з передумов звернення істориків до черкескої (черкаської) версії походження козацтва було вживання ще з XVI століття по відношенню до козаків назви «черкаси». У другій половині XVIІІ століття до цієї теми звертаються історики, що спеціалізуються на історії донського та українського (запорозького) козацтва (Рігельман), або переслідують у своїй історіографічній діяльності певні політичні цілі (Болтін). При порівнянні низки документів виявляється, що Болтіна як інтелектуала особливо цінував відомий російський державний діяч Потьомкін, який після знищення Нової Січі займався справою відновлення козацького війська за рахунок колишніх запорожців, з метою використати його на службі Російській імперії. Нашу увагу привернув той факт, що робота Болтіна, у якій йде мова про черкеське (черкаське) походження козацтва, вийшла у той же час (1788 рік), коли Катерина ІІ писала Потьомкіну про ймовірність переселення колишніх запорожців на Тамань, де вони мали виконувати важливі для імперії функції військового характеру. Таким чином, вживання черкеської версії походження козацтва у роботі Болтіна набуло політичного характеру, дозволяло пов'язати за допомогою історичних аргументів запорозьке козацтво з північнокавказьким регіоном. На межі XVІІI–ХІХ ст. інший автор, який побував на Тамані, в середовищі Чорноморського козацького війська, створеного зі залученням колишніх запорожців, прямо пов'язує походження цього війська з черкеською (черкаською) теорією. Це ще раз підтверджує наш висновок щодо того, що у роботі Болтіна ця версія з'явилася під впливом конкретних політичних чинників, пов'язаних з обставинами створення та визначення території для Чорноморського козацького війська. У першій третині ХІХ століття цю концепцію як власну відстоює історик Бантиш-Каменський. Однак у нових умовах вона не отримала визнання з боку інших істориків, які шукали нові пояснення витокам козацтва.

In the article it is paid an attention to Circassian (Chercasy) version of the question on origin of Cossacks. On the Christian population of the North Caucasus named Circassians and also who used Slav speech, for the first time was mentioned in the historic and geographical works in XVI century. In the historiography the connection between concept Circassians-cherkasy and Cossacks occurred, probably, in the XVIII century. This fact we can see in the work of Bayer, Tatischev, which were created under the conditions of the Russian Empire. One of the reasons of turning historians to the Circassian (Cherkass) version of the origin of Cossacks it was using from 16 century concerning Cossacks the term «Cherkasy». In the second half of XVIII century to this theme turned the historians, who specialized in the history of Don and Ukrainian (Zaporozhian) Cossacks (Rigelman), or pursue in their historiography activity the specific political purposes (Boltin). With the comparison of a number of documents, it occurs that Boltin as intellectual was especially valued by well-known Russian statesman Potyomkin, who dealt with the matter of renewal, after the destruction of New Sich, the Cossack troops collecting the former Zaporozhian Cossacks, for the purpose to use them on the service of the Russian Empire. Our attention the fact drew that the Boltin's work, in which he deals with the Circassian (Cherkass) origin of Cossacks, issued in the same period (1788 year), when Ekaterina II wrote Potyomkin about the probability of the migration of the former Zaporozhian Cossacks to Taman, where they had to fulfill the military functions which were important for the empire. Thus, the using of the Circassian version of the origin of Cossacks in the Boltin's work acquired political nature, it made the possibility to connect with the historical arguments Zaporozhian Cossacks with the North-Caucasian region. At the turn of XVIII-ХІХ century another author, who visited Taman, and who have seen Black Sea Cossack army, mostly composed of former Zaporozhian Cossacks, applied theCircassian (Cherkass) version to them, connected this army with the region of North Caucasus. This fact allows to confirm our conclusion that in the Boltin's work this version appears under the effect of the concrete political factors, connected with the circumstances of creation of Black Sea Cossack army and determination its territory. In the first third of ХІХ century this concept was defends, as his own, by historian Bantysh-Kamienski. However, under the new conditions it did not obtain support from other historians, who search for the new explanations of origin of Cossacks. ; В статье уделяется внимание черкесской (черкасской) версии происхождения казачества. О христианском населении Северного Кавказа, название которого черкесы, и которое также употребляет славянскую речь, впервые упоминается в историко-географических работах XVI века. В историографии соединение понятия черкесы-черкасы и казаки произошло, вероятно, уже в XVIII веке. Это можно проследить в работах Байера, Татищева, созданных в условиях Российской империи. Одной из предпосылок обращения историков к черкесской (черкасской) версии происхождения казачества было употребление еще с XVI века по отношению к казакам названия «черкасы». Во второй половине XVIII века к этой теме обращаются историки, которые специализируются на истории донского и украинского (запорожского) казачества (Ригельман), или преследуют в своей историографической деятельности определенные политические цели (Болтин). При сопоставлении ряда документов, оказывается, что Болтина как интеллектуала особенно ценил известный российский государственный деятель Потемкин, который занимался делом возобновления, после уничтожения Новой Сечи, казацкого войска за счет бывших запорожцев, с целью использования его на службе Российской империи. Наше внимание привлек тот факт, что работа Болтина, в которой речь идет о черкесском (черкасском) происхождении казачества, вышла в тот же период (1788 год), когда, Екатерина Вторая писала Потемкину о вероятности переселения бывших запорожцев на Тамань, где они должны были выполнять важные для империи функции военного характера. Таким образом, употребление черкесской версии происхождения казачества в работе Болтина приобрело политический характер, позволяло связать с помощью исторических аргументов запорожское казачество с северокавказским регионом. На рубеже XVIII-ХІХ веков другой автор, который побывал на Тамани, в среде Черноморского казацкого войска, созданного с привлечением бывших запорожцев,прямо связывает происхождение этого войска с черкесской (черкасской) версией. Это еще раз подтверждает наш вывод о том, что в работе Болтина эта версия появилась под влиянием конкретных политических факторов, связанных с обстоятельствами создания и определения территории для Черноморского казачьего войска. В первой трети ХІХ века эту концепцию как собственную, отстаивает историк Бантыш-Каменский. Однако в новых условиях она не получила поддержки со стороны других историков, которые ищут новые объяснения истокам казачества. ; У статті приділяється увага черкеській (черкаській) версії походження козацтва, передусім українського. Про християнське населення Північного Кавказу, назва якого черкеси, і яке використовує слов'янську мову, наскільки нам відомо, вперше згадується в історико-географічних працях XVI століття. В історіографії поєднання понять черкеси-черкаси та козаки мало місце, ймовірно, вже у XVIІІ столітті. Це можна простежити у працях Байєра, Татищева, створених в умовах Російської імперії. Однією з передумов звернення істориків до черкескої (черкаської) версії походження козацтва було вживання ще з XVI століття по відношенню до козаків назви «черкаси». У другій половині XVIІІ століття до цієї теми звертаються історики, що спеціалізуються на історії донського та українського (запорозького) козацтва (Рігельман), або переслідують у своїй історіографічній діяльності певні політичні цілі (Болтін). При порівнянні низки документів виявляється, що Болтіна як інтелектуала особливо цінував відомий російський державний діяч Потьомкін, який після знищення Нової Січі займався справою відновлення козацького війська за рахунок колишніх запорожців, з метою використати його на службі Російській імперії. Нашу увагу привернув той факт, що робота Болтіна, у якій йде мова про черкеське (черкаське) походження козацтва, вийшла у той же час (1788 рік), коли Катерина ІІ писала Потьомкіну про ймовірність переселення колишніх запорожців на Тамань, де вони мали виконувати важливі для імперії функції військового характеру. Таким чином, вживання черкеської версії походження козацтва у роботі Болтіна набуло політичного характеру, дозволяло пов'язати за допомогою історичних аргументів запорозьке козацтво з північнокавказьким регіоном. На межі XVІІI–ХІХ ст. інший автор, який побував на Тамані, в середовищі Чорноморського козацького війська, створеного зі залученням колишніх запорожців, прямо пов'язує походження цього війська з черкеською (черкаською) теорією. Це ще раз підтверджує наш висновок щодо того, що у роботі Болтіна ця версія з'явилася під впливом конкретних політичних чинників, пов'язаних з обставинами створення та визначення території для Чорноморського козацького війська. У першій третині ХІХ століття цю концепцію як власну відстоює історик Бантиш-Каменський. Однак у нових умовах вона не отримала визнання з боку інших істориків, які шукали нові пояснення витокам козацтва.

Shinji Ichida, October 7, 2013 ; Business at the Crossroads - Ogden City is a project to collect oral histories related to changes in the Ogden business district since World War II. From the 1870s to World War II, Ogden was a major railroad town, with nine rail systems. With both east-west and north-south rail lines, business and commercial houses flourished as Ogden became a shipping and commerce hub. ; The following is an oral history interview with Shinji Ichida. The interview was conducted on October 7, 2013, by Lorrie Rands. Shinji discusses 25th Street and his memories of growing up in the Japanese community in Ogden. ; 30p.; 29cm.; 2 bound transcripts; 4 file folders. 1 sound disc: digital; 4 3/4 in. ; Oral History Program Shinji Ichida Interviewed by Lorrie Rands 7 October 2013 Oral History Program Weber State University Stewart Library Ogden, Utah Shinji Ichida Interviewed by Lorrie Rands 7 October 2013 Copyright © 2014 by Weber State University, Stewart Library Mission Statement The Oral History Program of the Stewart Library was created to preserve the institutional history of Weber State University and the Davis, Ogden and Weber County communities. By conducting carefully researched, recorded, and transcribed interviews, the Oral History Program creates archival oral histories intended for the widest possible use. Interviews are conducted with the goal of eliciting from each participant a full and accurate account of events. The interviews are transcribed, edited for accuracy and clarity, and reviewed by the interviewees (as available), who are encouraged to augment or correct their spoken words. The reviewed and corrected transcripts are indexed, printed, and bound with photographs and illustrative materials as available. Archival copies are placed in Special Collections. The Stewart Library also houses the original recording so researchers can gain a sense of the interviewee's voice and intonations. Project Description Business at the Crossroads - Ogden City is a project to collect oral histories related to changes in the Ogden business district since World War II. From the 1870s to World War II, Ogden was a major railroad town, with nine rail systems. With both east-west and north-south rail lines, business and commercial houses flourished as Ogden became a shipping and commerce hub. After World War II, the railroad business declined. Some government agencies and businesses related to the defense industry continued to gravitate to Ogden after the war—including the Internal Revenue Regional Center, the Marquardt Corporation, Boeing Corporation, Volvo-White Truck Corporation, Morton-Thiokol, and several other smaller operations. However, the economy became more service oriented, with small businesses developing that appealed to changing demographics, including the growing Hispanic population. ____________________________________ Oral history is a method of collecting historical information through recorded interviews between a narrator with firsthand knowledge of historically significant events and a well-informed interviewer, with the goal of preserving substantive additions to the historical record. Because it is primary material, oral history is not intended to present the final, verified, or complete narrative of events. It is a spoken account. It reflects personal opinion offered by the interviewee in response to questioning, and as such it is partisan, deeply involved, and irreplaceable. ____________________________________ Rights Management Special Collections All literary rights in the manuscript, including the right to publish, are reserved to the Stewart Library of Weber State University. No part of the manuscript may be published without the written permission of the University Librarian. Requests for permission to publish should be addressed to the Administration Office, Stewart Library, Weber State University, Ogden, Utah, 84408. The request should include identification of the specific item and identification of the user. It is recommended that this oral history be cited as follows: Ichida, Shinji, an oral history by Lorrie Rands, 7 October 2013, WSU Stewart Library Oral History Program, Special Collections, Stewart Library, Weber State University, Ogden, UT. iii Shinji Ichida October 7, 2013 Abstract: The following is an oral history interview with Shinji Ichida. The interview was conducted on October 7, 2013, by Lorrie Rands. Shinji discusses 25th Street and his memories of growing up in the Japanese community in Ogden. LR: It is October 7, 2013; we are in the home of Shinji Ichida talking about 25th Street and his memories growing up in the Japanese community. I am Lorrie Rands, conducting the interview and Melissa Johnson is with me as well. Mr. Ichida, I want to thank you for your time and allowing us to come back and do this interview. Let's just start at the beginning, when are where were you born? SI: Okay, I was born in Seattle, Washington in 1931, so I'm ancient as it were. I moved to Ogden when I was three or four years old and have been here ever since. So, I know the Ogden vicinity very well, plus the fact that when I was younger I used to deliver cleaning clothes for my uncle who owned a cleaning establishment and also worked for a flower shop doing deliveries. So, I got to learn the Ogden area quite well as far as streets and so forth. I've been here a long time. LR: When you came here when you were three or four, where was your first residence? SI: On 23rd and Grant Avenue. I went to grammar school at Grant School, which was on 23rd and Grant Avenue, so I was only half a block away from my grammar school. I grew up in the neighborhood and went to Central Junior High which is, I think, Lewis High school on 25th Street and Monroe. I graduated from 1 Ogden High School and went to Weber State when it was a junior college. So, I've been here a long time. LR: When you lived on 23rd Street, you were there until a teenager? SI: Probably, I would have to guess the 1930's and then moved to 23rd and Lincoln on the corner and was there for 10 or 15 years. Then, we lived at 127 Doxie, which is in between 27th and 28th on Wall Avenue. So, like I said, I've been in Ogden all of my life. LR: So, before the 1940's, what would you do for fun? Could you go down to 25th Street? SI: Well, that's where we hung out. Electric Alley, which is the back side of 25th Street between Wall Avenue and Grant Avenue, is where our playground was, in the back alleys. We grew up there. We had a Japanese School on Lincoln between 24th and 25th, so our activities were primarily from 24th Street to 25th Street between Grant Avenue and Wall Avenue. That area is very, very nostalgic to me because I grew up there. Where the Summit Hotel is now, that used to be our playground in the back alleys. The electric company, Yesco, it's Young Electric Sign Company, used to have their company on 24th and Lincoln Avenue. We used to climb over their fence and get the little tubes and break those and use them as spit ball deals. It's a funny thing because all of those electric signs always had the mercury in it, so I've ingested a lot of mercury through the ages, but I've never had any problem, health wise. I'm totally amazed that we survived those kinds of things when we were kids. 2 LR So your parents were okay with your hanging out on 25th Street? SI: Yes, because, like I told you before, there were really no aspects of being in danger there. Not our parents or us as young kids, ever feared getting mugged or kidnapped or anything like that. We just hung out there and watched. During the war we watched soldiers getting rolled and we saw drunkards getting rolled and it was all part of the activity of 25th Street back in the 40's and 50's, but that's where we grew up. Like I was telling you before, all the brothels in Ogden were on 24th Street and Grant Avenue, so we saw the seamy side of life. We, even as kids, used to climb up on roofs and peek in windows and look at the brothel place. We never did get to see anything, but always those kind of mischievous things are what we did as kids growing up on electric alley. Right now, electric alley has been fixed up so there's a lot of eateries and even the back side of 25th Street they have outside eateries. It's pretty nice now. Back in our days it was vacant lots and nothing but gravel and broken glasses, but we survived. LR: Is it strange to learn that those who didn't grow up on 25th Street found it a terrible, scary place? SI: Probably primarily the Caucasian race, they hardly ever came down 25th Street because during the wars years it was pretty notorious. Between the beer joints and the brothels, there weren't very many other activities. Union Station was a going railroad station back in those days. The military were transported through Ogden and the military always got a weekend pass or a pass to get off on 25th Street and visit the beer joints. I'll leave out the other one, I'm sure that happened too. Like I say, all the activities during the war was very, very open as far as 3 drinking and all that kind of stuff, so we saw all of that through the ages of growing up. LR: Speaking of the war, you mentioned this last time, but what are your memories of December 7, 1941? SI: Well, like I mentioned, I was raised by grandma and grandpa. My grandfather happened to be one of the more, I won't say important, but outstanding Japanese people in the Japanese community. On December 7, 1941, 11:30 at night, the police came and took him into custody and took him to Weber County Jail and he stayed there for a week and then he was shipped out to Mississippi to an internment camp and stayed there for a year and a half. He came back a year and a half after that. The war probably shortened his life by a couple years. He passed away when he was 75. I was ten years old at the time in 1941, so it was an impression that was very ingrained in my mind as far as a youngster was concerned. It was one of those things that, during the war at least when it broke out, the hysteria was very prominent and that's why all the Japanese descent people in California on the west coast were sent to internment camps because of that. The hysteria was so prominent. LR: You've mentioned that it had an impact on you as a 10 year old. How did that affect the rest of your childhood? SI: Well, I guess it made me introverted or reserved simply because you didn't want to be outgoing when you were of Japanese descent during the war years. I can remember grandma and grandpa always saying, "Don't speak Japanese in the presence of Caucasians because they'll think you're talking about them." We 4 primarily lost the capability of conversing in Japanese. That's why right now I can still understand a little bit, I can speak a little bit, but very limited. Whereas, Chinese, Spanish, they all speak their mother tongue in their families so they're very fluent and they understand it very well, they can read it. Whereas the Japanese people pretty much lost it because of the war. I dare say the second third and fourth generation as far as the Japanese language itself, cannot speak it, cannot read it. We lost the ability to converse in Japanese simply because we were told not to use it. That's the way it was during the war time. LR: When the war was over and things were kind of settling down a little, you just didn't start speaking it again? SI: No, because by then my grandparents were very elderly, they were close to, I think 70's, so they were on their last leg if you will as far as their life was concerned, so our conversations were very limited and we spoke primarily English because we grew up that way with school and all of that. We ran around with nothing but English speaking kids and same nationality as me. You probably had 10 guys that you grew up with that were Japanese decent, but we all spoke English all the time. We never used Japanese words other than maybe a slang or a swear word or something like that. Other than that, we never used it. We never had the occasion to use it, so we primarily grew up using English. We even went to Japanese school when we were teenagers, the more simple reading and writing of the Japanese alphabet if you will, until the war broke out. After the war broke out, that was done away with simply because of the hysteria as far as Japanese people were concerned. 5 I'll tell you a little bit more about 25th Street. There was a Buddhist church on Lincoln Avenue between 24th and 25th. There was a dry goods store on the same block. There was a Chinese gambling casino on the same block and people say it was an opium den also, but I was never privy to that. I would imagine there was some of that going on because in those days it was pretty loose as far as gambling and stuff was concerned. The Lincoln Avenue between 24th and 25th had probably half a dozen Japanese residents and companies or stores, if you will. On the west side of Lincoln there was a Pacific Fruit, which was a produce company that primarily was run by Japanese people too. It was all very Japanese community oriented in that two block area. LR: So, the area between Lincoln and Grant and 23rd to 25th? SI: No, 24th to 25th. LR: Okay, so you mentioned last time that it was what you guys called Japanese town or J-town. Is it just that block then that was considered that? SI: Yes. It was just that one square block that was considered J-town because most of the stores were in that square block. There were establishments on Kiesel and Wall Avenue and over on 26th Street there were families living there too, but as far as the town activity itself, it was right in that one block area. LR: Speaking of the businesses, during the war and then afterward, was it hard for the Japanese to continue working? Were the businesses still able to function? SI: Yes, but to a lesser degree because it was affected during, I would dare say, probably a five to ten year spam. After that things went pretty much back to 6 normal. By then, the ones that weren't making an income probably closed up before that. The ones that were doing okay continued on. Like I told you, on Grant Avenue there was Utah Noodle and Bamboo Noodle right next to each other, which did very well during that time period. The reason I know is because my wife's brother owned Utah Noodle. They moved up to Washington in the 1970's and they kept going until just last November. There was one document in there that you probably need to read because Raymond Uno was the one who wrote it and he's a retired judge. He's very well-known in the community as far as the aspects of people that judge things. Anyway, he wrote that and he mentioned there were primarily three J-town or Japanese communities in Utah. One was in Price City in Carbon County, one was in Salt Lake and the other was in Ogden. The only reason we had one in Ogden was because primarily the Union Depot because the Japanese, the first generation Japanese that came to Utah, most of the people, or guys, that came to the United States worked on the railroad, so consequently, the relationship between the Union Pacific Station and settling here in Ogden was very cohesive as far as being in existence as far as working for the railroad. That was one of the reasons the Japanese community was in Ogden and then Salt Lake it was simply because it was the largest city and the reason in Carbon County in Price was because of the coal mines. They worked in the coal mines. LR: Did your grandfather work on the railroad? SI: No. LR: He had another business? 7 SI: Yes. Like I said, he was sort of a semi-important person in the Japanese community. He never had to do manual labor, he was always a higher up guy that did bookwork and stuff. LR: Did he have his own business? SI: They had what they called the Intermountain Japanese Association which was an association that developed Japanese American relationships within the Northern Utah area. He was very prominent as far as the Japanese community from Corrine in the north to Salt Lake in the south. In the organizations or Buddhist church and community things going on, he had his fingers in all of those areas. He was very well-known and established as far as importance in the Japanese community. That's one of the reasons he was interned immediately when the war broke out. LR: So, I'm kind of going backwards a little and I apologize. You mentioned that there was only about a dozen from Ogden that were interned and they were all important in the community. SI: Important in the Japanese community. Primarily guys like, I can name two or three of them, there was Mr. Sakurada who was a prominent market established entrepreneur. There was Dr. Yoshitaka, who was a dentist. There was Kobayashi, who owned the Utah hand laundry. Those kinds of people were the ones that were taken, that owned their own establishment, that were highly thought of in the upper echelon as far as the Japanese community was concerned. They were the ones that were picked up right from the very beginning and taken. 8 LR: The ones that owned their own businesses, did their business suffer? SI: Yes. Like I said, probably the first five years was the worst. After that they probably slowly came back. At least in the Ogden area, there really wasn't all that much prejudice. There were a handful that thought of you as the enemy, if you will, and called you all kinds of names and stuff, but that was minimal in the Ogden area. On the west coast it was predominant. I've heard those stories like there's a senator from Hawaii, Daniel Inoway, who's passed on now, but he was in the army in the 442 and he lost one of his arms. When he got discharged in California, he went to a barbershop to get a haircut and they wouldn't cut his hair because he was of Japanese descent. He even had on his uniform, that's how bad it was back in those days. It's something that we lived with and grew up with, but we got over it so to speak. It's still in the back of our minds or in our memory, but we got over it. I'm 82 now, and I can still remember certain instances. In Ogden there were two areas that we were not allowed to go to because we were Japanese people. One was KLO, which was above the Orpheum Theater. We couldn't go to that theater to see a movie because they feared we would do something to KLO, which was a radio station. Those things didn't last very long, it only lasted probably a year or a year and a half. After that they lifted. There were certain areas that Japanese race people could not go. In California it was even twice as bad, so here in Ogden or here in Utah, it wasn't all that bad. LR: This obviously shaped your childhood and as you grew in your teenage years. You talked about your uncle who owned a cleaning establishment and that you would deliver clothes. 9 SI: Was there any prejudice when I delivered? Let's see, that would have been, I graduated in 1949, so it would have been 1948, 1949 and I went into the service in 1951, so between 1948 and 1950 is when I used to deliver clothes for my uncles. I never had any problem because I was a typical teenager. LR: You were just doing your thing. SI: Yes. Most of the Caucasian people never entered their mind as far as a kid delivering clothes that they would be prejudice against. One thing I will say for my uncle. He did a very good job of cleaning clothes, so we had a lot of real good customers, so I never had, at least to my knowledge, I can't remember ever being discriminated against while I was working there. LR: Kind of a lighter question, when you were in your teenage years, would you still do the same things for fun? Would you still be on 25th Street or were you kind of expanding out into the community? SI: No, that was our area, that's all. We only grew up between school and that one block area, that's primarily where we hung out and played. It's really funny because as kids, we used to make swords and have swordfights and we used to make little rubber guns and use inner tubes, because in those days, inner tubes were in tires, so we used to make those and have rubber gun fights. I told you about Young Electric Sign Company and the blowers, we used to do that. So, we played marbles, we played tag, Annie eye over the roofs. Kids nowadays don't know how to play compared to what we used to do when we were young. I see kids now just for, I don't know why, they'll go and pick a flower off of somebody's bush and throw it in the gutter or sidewalk. Why do you want to do that? If you 10 pick it, why don't you take it home? I just can't fathom why kids do that now. The kids I see now go and, even the grammar school kids, when they get off at 3:00pm, they dare cars to hit them. They cross the street and they slow down, they don't hurry up. I can't imagine why kids are like that anymore. It doesn't make any sense. They're daring you to hit them and I tell young kids, I say, "I hope your skin is tougher than that bumper." They look at me, "well, what do you have to say about it?" I'm thinking, "Well, you know, logic up here tells you that you shouldn't be doing that." That's the kind of stuff that we used to do back in the electric alley and we grew up that way. We made our own entertainment and got along— along with the mischievous stuff. LR: Of all the businesses on 25th Street that you didn't necessarily frequent, but you were able to be around, which ones were your favorite? Did you have a favorite that you just liked to hang out in front of? SI: Well, restaurant wise I've got to say Bamboo and Utah Noodle probably. I wasn't married to my wife at that time when I was a kid, but Bamboo Noodle used to have a bowl of noodles for 35 cents, so we could go in there and afford to have a bowl of noodles. We didn't have a lot of money in those days, but 35 cents wasn't much money either. Those were the kind of places that we often frequented. As we grew up, I can remember when I was in high school, we visited Salt Lake a lot because 1st south and West Temple was J-town in Salt Lake. There used to be three or four cafes in that area that we went to all the time too. When I was growing up, when I got to high school, there was one older guy that we hung out with. He was one year older than us, so he was the guy that had the car. There 11 was a half a dozen of us guys, he would furnish the car and we would pitch in our 25 or 50 cents to buy gas and we'd go to Salt Lake. That's the way we used to survive. In those days, gas was 20 cents or 25 cents a gallon. LR: Going back to the discrimination on the street. I asked last time about the blanket discrimination on the street. The south side was where the blacks were allowed and they weren't allowed on the north. You mentioned that you didn't really see a lot of that until later. SI: In Ogden, the race situation really wasn't that terrible. Like I mentioned, when I went into the service, I went to Texas to take my basic training and that was the first exposure to real prejudice because there were separate drinking fountains, separate lavatories, and all of that kind of stuff. In Ogden, the black community primarily stayed on the west side. They all lived on Lincoln and Wall Avenue. That was the area that blacks lived and the Japanese people were primarily around 25th Street and the Mexicans, there weren't that many in Ogden at that time, so those were the two major races in Ogden that existed. There were a few Chinese too, but they were also mixed in with the Japanese community because they are an Asian or Oriental race. In Ogden, I really didn't see that much racial prejudice, whether it was against the Japanese or against the colored because on 25th Street, there wasn't that much prejudice. It wasn't all that bad. Like I told you, the only time I ever saw it really predominant was in the south when I went into the service. LR: As you got older and graduated from high school, what did you decide to do career-wise? 12 SI: I didn't have the slightest idea of what I was going to do. In fact, I had no aspirations to go to college. The Korean War broke out and before we got drafted, I decided to join, so I joined the Air Force. I went in the Air Force for four years and came out and bummed around and worked half a dozen different jobs and I really had no secret desire to be a doctor or a lawyer a carpenter or anything like that. I just, you know, went with the flow, if you will, helped primarily with my uncle in his dry cleaning business. I even delved into a flower shop because of delivering and those kinds of things. I don't know if it's luck or, I happened to go take a test at the capital for this appraisal job and happened to pass it so I went for an interview with the state tax commission and they asked me a bunch of questions about appraising and so forth and I guess I did all right because they said, "When would you like to start?" I said, "How about tomorrow?" I started. That's history. I've been doing that ever since. LR: Your uncle's cleaning establishment, his dry cleaning business, do you remember what it was called? SI: Economy Cleaners on 24th Street between Grant and Kiesel on the north side of the street. LR: As time has gone on and you've had a chance to look at 25th Street the way it is now, do you like the way it's changed? SI: Yes, I really do. In fact, I'm rather surprised with the activity on 25th Street now. In fact, we go down to the sushi bar, Tona's, on 25th Street and by the way, it used to be Western Barbershop that Wat Misaka, the one that used to play for Weber College and also Utah University, that's where his mother had a 13 barbershop. In fact, I dare say there's my hair on the floor someplace in that building because I've had my hair cut there all the time. That café is where the barbershop used to be and we go down there quite often. To find a parking space on 25th Street in the evening time is pretty tough to do. We can park in the back where the hotel is because that had a lot of parking space. We go down to Karen's Café which is half a block further west on the south side of the street. Saturdays they have the farmer's markets and there are a lot of people down there milling around. I've got to say, Ogden, thanks to the mayor and so forth, the activities, there's a lot of activity going on in downtown Ogden, I'm surprised. It's progress. All of the old buildings that I know about primarily are all gone. The hotels replaced, the federal buildings are replaced, almost all of the buildings. You asked about Star Noodle, that closed up and it's vacant right now and it's for sale. Its progress I guess. LR: Hopefully for the better. Do you have any questions? MJ: I had a few that I jotted down. You mentioned that you were born in Seattle and then came to Ogden when you were three or four. How come your family relocated to Ogden? SI: Well, it wasn't, let me back up a little bit. When I was born, my family moved to San Francisco, California. Mom and Dad and my older brother and I lived there and when I was three or four, they shipped me to Ogden to live with my grandma and grandpa because Mom was very ill at the time and it so happened that I liked it better here than I did there, so they said, "Well, you can stay," hoping that I would come back eventually, but I never did I just stayed in Ogden. I grew up in 14 Ogden and later there was a younger brother that was born, so my knowledge of my two brothers were less than the guys I used to run around with because I never grew up with them. So, they were living in California when the war broke out which is why they were sent to an internment camp. Manzanar was the name of the camp they went to in California. When they got out they decided to go to Cleveland, so that's where they relocated after the internment. So, when they moved out there I had no reason to go back east, so I stayed here. That's the way it was. I just grew up as grandma and grandpa's kid. LR: You were, in essence, an only child with your grandparents? SI: Yes. Until my uncles and aunt came and they took over living and taking care of grandma and grandpa as far as their life was concerned. That's why I got an association with the cleaners, but after that, my aunt and uncle primarily raised me, which was after probably my sophomore or junior year in high school. When I went in the service and came back I was old enough that I pretty much went out on my own. MJ: So, how did your grandparents settle in Ogden? Why did they settle here? SI: I really don't know how they came about coming here. My grandma is the mother of my uncle, Tominaga, and my grandfather remarried my grandma. He was originally married to another lady. I never met her, I just knew about her. Grandma was always here as I remember and grandpa came from, I don't know where he came from, other than Japan. He came here and they got married. My grandpa was one of the, I don't know if you want to use the word "instigator," but he was one of the ones that took care of, the Japanese word is, "Bishakunin," 15 which means, "picture marriage." They used to fix up guys that lived in Ogden or the Utah area that never got married, fixed them up with a wife from Japan just through pictures. LR: Wow. SI: Yes, that used to go on back in the old days. That was primarily to get Japanese descent ladies from Japan into the United States because in those days there was a limited amount of foreigners that came into the United State, but if you could arrange a marriage, then that took place and they were able to come. The guys were always already American citizens because they were born in the United States. They were always older guys that went through their life primarily working for their parents and never interfaced into the American life and dating, etc. So, that's why those kinds of marriages were arranged for the Japanese. MJ: Would they go to Japan and marry them and bring them back or would they bring girls to the U.S.? SI: Some of them would go just to meet them to make sure that they wanted to marry them, but some of them just "cold turkey" came over. I don't know if that's the right term to use, but they came over and got married over here. MJ: You said your aunt and uncle came to Ogden as well. Were they the only other extended family that you had or did you have other aunts and uncles? SI: Well, through marriage, yeah, my aunt's sisters lived in Idaho and I got to know them, but as far as my uncle, my mother and uncle were brother and sister and they were the only two in the family. So, not really a lot of relatives. I know on my 16 father's side there are people in japan still existing. When I went to Japan I looked them up and visited with them, so that was a good experience. MJ: I wanted to talk a little bit about that Intermountain Japanese Association. Do you know how it started? SI: I can't tell you anything about it because all I remember is that he was the head of it and they paid him. I don't know how in the heck he got paid, to tell you the truth, but I'm sure it was the community donating or paying him a certain amount of money for whatever he did. I don't know how it started or why it started, or why they chose him to take care of it because I was only eight or ten years old at that time. I just know that there was such a thing. My grandpa, I got to give him all the credit in the world for raising me right. Like I told you before about kids and how they act, in my days when I was growing up, grandpa was good for this. He used to always give me one of these if I did something wrong, it was one of these little knuckles in the head. It wasn't very hard or anything, it was just a reminder that you need to shape up and do things right. It was a good learning experience, even while I was going to school. If I got stuck on some algebra problem or whatever, he would take me aside and he'd say, "Now, this is the way you do it," and he'd give me one of these and say, "Maybe that'll help you remember." He was very stern and I didn't dare go against his wishes or ever miss mind whatever he said. I can thank him from the bottom of my heart today because that's the way I was raised. My kids were raised pretty much the same way because I used to pull out the belts, if you will, and give them a spanking now and again when they 17 misbehaved. In today's age you couldn't do that. You would be mishandling children. It's a different culture from the time I grew up to now. I can see kids, like I said before, that's what they need a little bit, one of these or a little kick in the butt, if you will. Maybe that would straighten them out. That's why you get, when they get into their later teens and early twenties they get into this kind of stuff that is more serious like robberies, etc. MJ: The other thing I was kind of wondering, we talked about the hub that the Union depot was. It was that railroad hub and it brought in so much business during the war, but we know later on that declined, so how did that affect the Japanese businessmen who were down there? SI: As time went on, I dare say, probably in the seventies, most of your Japanese community establishments disappeared. There are a few that lingered on, like my wife's brother, he existed in business for 57 years, if you can believe it. Those were far and few between. For whatever reason they either quit the business or went into something that was a little bit more lucrative or more meaningful. All of those kinds of businesses that the Japanese community was in in those days were, not demeaning, but lower class, if you will, lower income, if you will, because that's all they could do at the time. That was normal for foreigners to get established, so that's what they did. Before I forget, the hotel Ben Lomond, did you know that was originally a different hotel named, "Bigelow?" MJ: Yes. SI: Okay, that's good. I didn't really realize that until we did this day or remembrance in 2007. I was doing some historical work and I found out it was Bigelow and I 18 thought, "Wow, that's strange." I always knew it as Ben Lomond Hotel. That's one fact I wanted to bring up to you guys because that was back in the thirties, maybe even twenties? MJ: It was about then. Archie Bigelow, who owned it, it was during the depression that he lost his fortune and sold it to the Eccles family. SI: It was interesting to me because I've never known it as anything else other than Ben Lomond. MJ: It's fun working in special collections the way that we do because we learn all these little tidbits. We go out and talk to people and get their stories. SI: Have you heard about the Egyptian Theater and the Peery family? Peery used to be quite a notorious guy in his days. MJ: I know, mostly as the mayor, the cowboy mayor. SI: I think he was an instigator of pioneer days way back when. MJ: The Buddhist Temple that was there on Lincoln, how long was that there for? SI: Growing up, as a kid, it was always there when I was small, but they relocated to North Street, I'm thinking it had to be in the fifties or sixties. That's where all the Japanese funerals were done and the Buddhist celebrations, whatever they had, the hana matsuri and that kind of stuff was all down there. MJ: We actually have a couple of pictures of a parade that was done by the Japanese Buddhist. I'm not sure when the photos were taken; I think they were from the fifties or sixties. 19 SI: I think I know what one you're talking about because I've got the same ones. I was looking for that, but I don't know where it is on my computer. The one with the little children in their Kimono's? MJ: Yes. SI: Yes, that one. I think it's probably the same picture. MJ: Did they often do parades like that? SI: Yes, because the hana matsuri I'm talking about is an annual thing that they celebrate in Japan primarily and it came over from Japan. They perpetuated the custom and so forth. They celebrate by doing the dances and stuff and it's always in their Kimono's and that kind of stuff. They used to do it all the time. MJ: It's hana matsuri? SI: Yes, "hana" means "flower" and "matsuri" is "celebration" so it's the flower celebration. MJ: Okay. SI: It's just like; I'm trying to think of the Japanese café over on 37th Street. I can't think of the name. Well, that's another story I guess because I can't remember what it is. SI: I'm very honored and pleased that you guys would take the time to do this because for me, as a Japanese, we just don't get this story out to the community because they are not aware that there was such a thing as J-town back in the day. The celebration that we put on in 2007, I chaired the thing and Raymond Uno, he was primarily the instigator of the whole thing and he did most of the 20 work, but he just used me as a centerpiece, I guess. The Japanese community, during probably ten years prior to the war and ten years after the war, it was predominant right there on 25th Street. So, if you're doing the 25th Street history, you've got to get that because we were very prominent during the late thirties and early forties. There were a lot of Japanese establishments and café and laundries and hotels and that kind of stuff. LR: You mentioned that when the railroad stopped going through that the businesses began to flounder away. Did that stop being J-town then? Or has it? SI: Actually, I would still have to say that it's there a little bit, but not as much. If you asked people of my age, they would immediately say, "Yes, J-town is gone, because there is really no Japanese establishment down there. There are two sushi bars down there, but they are both run by Chinese. I know the one very well. Tony is his name and his wife, Tina. The Tona restaurant, the name has been divided between the two. Tina is very, very presentable, as far as being the outgoing person at the restaurant, but this Tony guy, he took sushi making classes in San Francisco, so he does a very good job of emulating the Japanese custom and making sushi. There is a knack and in Japan, it isn't so much quantity as it is presentation. You've got to have a nice looking dish as far as the sushi is. It's got to be presentable to taste good. That's their theory. He's learned that very well in his presentations of sushi. There's a Chinese guy, two Mexicans and one white guy making the sushi for him. So, you can imagine, not one real Japanese there and the owner is Chinese, but he does a good job. In fact, he 21 always tells me, are you watching real closely, and I say, "Yeah I'm watching you guys." Not that I'm an expert. I just depend on my nationality to ride it a little bit. LR: Let me just ask you this final question. Is there anything else that you'd like to share about your time growing up on 25th Street or just the Japanese community as a whole that you'd like to share? SI: As probably an afterthought, but I am pleased that you would take the time to do this because the story of the Japanese community in Ogden really hasn't been exposed to the general public. Yes, the Japanese people know about it because we've lived it and grew up with it and so forth. Even the tape stuff that I've given you, please look at it and decide what you want to use and what you don't want to use. There is one document in there written by Raymond Uno, the one that I always tell is he's a judge and he's very good at writing stuff and that gives you a real good picture of the Japanese history from J-towns in the three communities I talked about and how it demised and where it went to. It's just a little snippet of the J-towns in Utah and it'll give you some very good history as far as what happened in Utah. My idea of the Japanese community growing up was, I was just a kid and went through all the regular stuff kids go through and never was very important or did anything important, but enjoyed my life to now and to have you guys take the time to do this, I appreciate it. LR: We appreciate your willingness to share. SI If you ever decide you want more input, I would like to get a couple or three guys that have gone through the Ogden growing up. Guys like Ray and Alice who actually went into an internment camp and maybe at some future date, we could 22 set an hour or two and you could pick their brain, if you would. I'd be glad to set something up like that if you're interested. MJ: Absolutely, we are. SI: Just give me a call and let me know and I could sure arrange that without any problem. Ray lives in Salt Lake and Alice lives here in Ogden. Maybe we three and maybe one or two more and you could fire questions like crazy. LR: I think we could definitely do something in the next little while, that would be fantastic. SI: It doesn't have to be immediate. A year down the line, six months down the line, just remind me who you are when you call. If you want something like that I would be more than happy to arrange that and we can go to the church, it has more room for three or four people. Or even at the college. The only trouble with going up to Weber is you'll never find a parking space. LR: Then when you find one you still have to walk a ways. SI: A mile or something. LR: And it's all uphill. SI: Hey, let me tell you about walking uphill, I used to live on Wall Avenue and went to Central which was on Monroe. We used to walk that sucker every day. I tell my kids that and they say, "Yeah, yeah, through five feet of snow." I'd say, "You got it." They never believed me. LR: That's the best part about telling your kids. Thank you so much, Mr. Ichida. We really appreciate it. 23

Amid the manufactured controversy over an expression
of the people's will in Bossier City to impose term limits on their elected
officials, several of its city councilors are trying to win a battle that likely
will cause them to lose a war where ultimately Republican Mayor Tommy Chandler picks
up the win.

Trying to thwart the wishes of the citizens who
organized and signed petitions are Republican Councilors Jeff Free,
Vince
Maggio, and David
Montgomery, Democrat Bubba
Williams, and no party Jeff
Darby. All except Maggio never again could serve as councilors if the
proposition installing a three-term limit succeeds. Along with that is a companion
that limits the mayor to lifetime three terms as well.

These five voted down a request to add an agenda
item to last week's Council meeting that could have fulfilled one of the two
compulsory Council actions in the wake of a successfully certified petition to
amend the charter: a vote whether to make such amendments. Chandler sponsored
that, but too late to make it on the agenda without a vote.

That his tardiness cost at least a vote on the
issue has been subjected to much analysis. It has raised doubts that he truly
backs term limits, as that would apply to him. Alternatively, others have
suggested that his submission came too late as a result of a hasty effort
to have the instrument drawn up by legal counsel outside of the city's.

The second scenario implies that his own
appointee, City Attorney Charles Jacobs, has worked against his own boss in
favor of the Council majority. Fueling this impression are statements
Jacobs made in public during Council meetings of Jul. 18 and Aug. 1 that
contradict each other and known facts, regarding the hiring of outside counsel
– using taxpayer dollars – in a deliberate attempt to provide political cover
for the Council majority on the issue.

If so, Chandler should use his
authority under the charter to fire Jacobs. That he hasn't suggests either
he hasn't the fortitude to do so, given the controversy and transition costs
that would ensue, or the first scenario applies. Regardless, Chandler is
trying again with some instrument, well before the deadline, for the next
Council meeting regarding term limits.

Yet to be made public, the instrument must be in
the form of an ordinance to place on the Nov. 18 statewide general election
runoff ballot the propositions to impose the three-term lifetime limit. It
would do no good if it were an ordinance to amend term limits into the charter,
the first option the charter presents, because that option has gone stale,
leaving only the second option of placing the matter on a ballot that, again,
the charter requires the Council to perform within 120 days of the petition certification,
which occurred Jul. 10.

In dealing with that, consider the Council
majority's strategy and preferences. Its preferred outcome is not to have it on
the ballot at all, because all indications are voters would approve of it
decisively. That's a legal long shot, to say the least. The charter language is
clear on the subject and even the outside opinion – drafted by an attorney with
no expertise in this area of law and who has worked for city officials in the past,
at least one of whom is part of the Council majority on this – acknowledges the
very high probability that an election occurs ultimately, according to someone
familiar with the contents of the opinion that has not been released publicly.

But where the opinion seems to become helpful to
the Council majority comes with its members' next preference: trying to prevent
immediate placement of the propositions on the ballot without making it look
like this not only is opposition to term limits but also to the rule of law. Indeed,
the whole thing and exercise surrounding it was designed precisely to conjure
an excuse, no matter how far-fetched, to having to follow the charter.

Apparently, it tries to accomplish this by
questioning whether the petition conforms to the language of an ordinance. The
ambiguity comes in that in this instance because it's actually a charter
amendment hijacking the ordinance-by-petition process as permitted in the
charter where the second option of referendum requires a vote on something in
the language of a proposition, not an ordinance. Indeed, the operative
section of statute covering this, L.R.S. 18:1299.1, mandates that language in
the form of questions comes from the governing authority.

In other words, because the charter dictates that the
first option of Council approval of the ordinance in its unaltered language occurs
within 30 days of certification, the Council majority conceivably legally could
pass on doing that because it claims the language isn't in the form of an
ordinance. But, because the second option also is the method used for a charter
amendment, not just an ordinance, the language issue doesn't have the same
salience because the Council simply has to pass an ordinance including the
ballot language unaltered (although the Secretary of State may change that
language to adhere to legal ballot language requirements).

Still, that organizers didn't write up an
ordinance is an opening for the Council majority to refuse to call for the
election on the basis that it doesn't have a matter at hand complying with the
charter that otherwise would force it to do so. Supposedly, the opinion advises
that if a refusal results, then a court could be petitioned to order the Council
to do so and that likely would succeed. Nevertheless, under this scenario the Council
majority would accomplish its goal: delaying the election in a manner where it
claims opposition because it doesn't have a legal obligation to put it on a
ballot, or even claim that to do so would result in litigation.

This avoids the nightmare outcome for the Council majority:
having to vote up or down on a measure without any legal cover to alter the
fact that voting is for or against term limits, because even if it can delay
matters legally long enough so that limits wouldn't apply until after 2025
elections its member would get hammered in their reelection campaigns for a
vote explicitly against term limits. Its mouthpiece Jacobs on several occasions
has relayed the message that its members will go to court to try to stop it,
and apparently using taxpayer dollars all the way.

But the Council majority also must realize that in
ultimately taking this course, some and even all of members probably lose their
elected careers, if they remain eligible for the 2025 election. First by not
allowing onto the Aug. 1 agenda the amendment, then if Chandler's item calls for
a Nov. 18 placement of the amendments on the ballot and they vote that down,
and if they manage to drag things out so term limits won't be in place for 2025
elections, they will get hammered anyway. They would face campaign charges that
they twice voted against term limits, and drowned out would be any attempts by
them to explain that away as in the first instance it only was to place on an
agenda amending term limits into the charter and in the second just placing term
limits on a ballot for people to decide but in a way they thought it didn't legally
apply.

This is why they didn't want to add Chandler's
item, because then subsequently voting the item down, even if trotting out the
explanation they voted against as they allegedly didn't have the legal authority
to amend the charter with it, would have replaced the agenda vote with an even
stronger confirmation that could be used against them. If you're explaining,
you're losing, and those votes require way too much explaining for all but the
most sophisticated voter to believe anything but they were incumbents detached
from the people trying every trick in the book to keep themselves clinging to
power by shielding themselves from the popular will on the issue.

That's why Chandler's ordinance, even if
unsuccessful, is consequential. If it doesn't take a step in eventually getting
term limits in place prior to 2025, it does provide more fuel to defeat Darby,
Free, Montgomery, and Williams in that election – and potentially make Maggio the
biggest loser of all, who if he got on the right side of the issue at least
might find he could have stayed three terms in office instead of increasing
significantly the chance voters bounce him after one for opposing term limits.

Or his opposition reduces the chances of him having
a shot at defeating Chandler, should Maggio choose to run for mayor instead. Because
politically Chandler's stock skyrockets the more he stumps for term limits in
consequential ways. His backing this ordinance, even if defeated, bolsters
belief that he genuinely wants this. And if after the defeat he launches legal
efforts to get the propositions on the ballot, that magnifies the impression,
all to his electoral benefit.

Maybe the Council majority uses its voting muscle
and the judiciary to push the term limits propositions off the Nov. 18 ballot.
Maybe it pushes these all the way into 2025. But in doing so, it creates an
increasingly unfavorable perception of its members that could be exploited in
2025 elections, and if it's Chandler at the forefront, their loss becomes his gain.

I Max Bill is an intense giornata of a big fresco. An analysis of the main social, artistic and cultural events throughout the twentieth century is needed in order to trace his career through his masterpieces and architectures. Some of the faces of this hypothetical mural painting are, among others, Le Corbusier, Walter Gropius, Ernesto Nathan Rogers, Kandinskij, Klee, Mondrian, Vatongerloo, Ignazio Silone, while the backcloth is given by artistic avant-gardes, Bauhaus, International Exhibitions, CIAM, war events, reconstruction, Milan Triennali, Venice Biennali, the School of Ulm. Architect, even though more known as painter, sculptor, designer and graphic artist, Max Bill attends the Bauhaus as a student in the years 1927-1929, and from this experience derives the main features of a rational, objective, constructive and non figurative art. His research is devoted to give his art a scientific methodology: each work proceeds from the analysis of a problem to the logical and always verifiable solution of the same problem. By means of composition elements (such as rhythm, seriality, theme and its variation, harmony and dissonance), he faces, with consistent results, themes apparently very distant from each other as the project for the H.f.G. or the design for a font. Mathematics are a constant reference frame as field of certainties, order, objectivity: 'for Bill mathematics are never confined to a simple function: they represent a climate of spiritual certainties, and also the theme of non attempted in its purest state, objectivity of the sign and of the geometrical place, and at the same time restlessness of the infinity: Limited and Unlimited '. In almost sixty years of activity, experiencing all artistic fields, Max Bill works, projects, designs, holds conferences and exhibitions in Europe, Asia and Americas, confronting himself with the most influencing personalities of the twentieth century. In such a vast scenery, the need to limit the investigation field combined with the necessity to address and analyse the unpublished and original aspect of Bill's relations with Italy. The original contribution of the present research regards this particular 'geographic delimitation'; in particular, beyond the deep cultural exchanges between Bill and a series of Milanese architects, most of all with Rogers, two main projects have been addressed: the realtà nuova at Milan Triennale in 1947, and the Contemporary Art Museum in Florence in 1980. It is important to note that these projects have not been previously investigated, and the former never appears in the sources either. These works, together with the most well-known ones, such as the projects for the VI and IX Triennale, and the Swiss pavilion for the Biennale, add important details to the reference frame of the relations which took place between Zurich and Milan. Most of the occasions for exchanges took part in between the Thirties and the Fifties, years during which Bill underwent a significant period of artistic growth. He meets the Swiss progressive architects and the Paris artists from the Abstraction-Création movement, enters the CIAM, collaborates with Le Corbusier to the third volume of his Complete Works, and in Milan he works and gets confronted with the events related to post-war reconstruction. In these years Bill defines his own working methodology, attaining an artistic maturity in his work. The present research investigates the mentioned time period, despite some necessary exceptions. II The official Max Bill bibliography is naturally wide, including spreading works along with ones more devoted to analytical investigation, mainly written in German and often translated into French and English (Max Bill himself published his works in three languages). Few works have been published in Italian and, excluding the catalogue of the Parma exhibition from 1977, they cannot be considered comprehensive. Many publications are exhibition catalogues, some of which include essays written by Max Bill himself, some others bring Bill's comments in a educational-pedagogical approach, to accompany the observer towards a full understanding of the composition processes of his art works. Bill also left a great amount of theoretical speculations to encourage a critical reading of his works in the form of books edited or written by him, and essays published in 'Werk', magazine of the Swiss Werkbund, and other international reviews, among which Domus and Casabella. These three reviews have been important tools of analysis, since they include tracks of some of Max Bill's architectural works. The architectural aspect is less investigated than the plastic and pictorial ones in all the main reference manuals on the subject: Benevolo, Tafuri and Dal Co, Frampton, Allenspach consider Max Bill as an artist proceeding in his work from Bauhaus in the Ulm experience . A first filing of his works was published in 2004 in the monographic issue of the Spanish magazine 2G, together with critical essays by Karin Gimmi, Stanislaus von Moos, Arthur Rüegg and Hans Frei, and in 'Konkrete Architektur?', again by Hans Frei. Moreover, the monographic essay on the Atelier Haus building by Arthur Rüegg from 1997, and the DPA 17 issue of the Catalonia Polytechnic with contributions of Carlos Martì, Bruno Reichlin and Ton Salvadò, the latter publication concentrating on a few Bill's themes and architectures. An urge to studying and going in depth in Max Bill's works was marked in 2008 by the centenary of his birth and by a recent rediscovery of Bill as initiator of the 'minimalist' tradition in Swiss architecture. Bill's heirs are both very active in promoting exhibitions, researching and publishing. Jakob Bill, Max Bill's son and painter himself, recently published a work on Bill's experience in Bauhaus, and earlier on he had published an in-depth study on 'Endless Ribbons' sculptures. Angela Thomas Schmid, Bill's wife and art historian, published in end 2008 the first volume of a biography on Max Bill and, together with the film maker Eric Schmid, produced a documentary film which was also presented at the last Locarno Film Festival. Both biography and documentary concentrate on Max Bill's political involvement, from antifascism and 1968 protest movements to Bill experiences as Zurich Municipality councilman and member of the Swiss Confederation Parliament. In the present research, the bibliography includes also direct sources, such as interviews and original materials in the form of letters correspondence and graphic works together with related essays, kept in the max+binia+jakob bill stiftung archive in Zurich. III The results of the present research are organized into four main chapters, each of them subdivided into four parts. The first chapter concentrates on the research field, reasons, tools and methodologies employed, whereas the second one consists of a short biographical note organized by topics, introducing the subject of the research. The third chapter, which includes unpublished events, traces the historical and cultural frame with particular reference to the relations between Max Bill and the Italian scene, especially Milan and the architects Rogers and Baldessari around the Fifties, searching the themes and the keys for interpretation of Bill's architectures and investigating the critical debate on the reviews and the plastic survey through sculpture. The fourth and last chapter examines four main architectures chosen on a geographical basis, all devoted to exhibition spaces, investigating Max Bill's composition process related to the pictorial field. Paintings has surely been easier and faster to investigate and verify than the building field. A doctoral thesis discussed in Lausanne in 1977 investigating Max Bill's plastic and pictorial works, provided a series of devices which were corrected and adapted for the definition of the interpretation grid for the composition structures of Bill's main architectures. Four different tools are employed in the investigation of each work: a context analysis related to chapter three results; a specific theoretical essay by Max Bill briefly explaining his main theses, even though not directly linked to the very same work of art considered; the interpretation grid for the composition themes derived from a related pictorial work; the architecture drawing and digital three-dimensional model. The double analysis of the architectural and pictorial fields is functional to underlining the relation among the different elements of the composition process; the two fields, however, cannot be compared and they stay, in Max Bill's works as in the present research, interdependent though self-sufficient. IV An important aspect of Max Bill production is self-referentiality: talking of Max Bill, also through Max Bill, as a need for coherence instead of a method limitation. Ernesto Nathan Rogers describes Bill as the last humanist, and his horizon is the known world but, as the 'Concrete Art' of which he is one of the main representatives, his production justifies itself: Max Bill not only found a method, but he autonomously re-wrote the 'rules of the game', derived timeless theoretical principles and verified them through a rich and interdisciplinary artistic production. The most recurrent words in the present research work are synthesis, unity, space and logic. These terms are part of Max Bill's vocabulary and can be referred to his works. Similarly, graphic settings or analytical schemes in this research text referring to or commenting Bill's architectural projects were drawn up keeping in mind the concise precision of his architectural design. As for Mies van der Rohe, it has been written that Max Bill took art to 'zero degree' reaching in this way a high complexity. His works are a synthesis of art: they conceptually encompass all previous and –considered their developments- most of contemporary pictures. Contents and message are generally explicitly declared in the title or in Bill's essays on his artistic works and architectural projects: the beneficiary is invited to go through and re-build the process of synthesis generating the shape. In the course of the interview with the Milan artist Getulio Alviani, he tells how he would not write more than a page for an essay on Josef Albers: everything was already evident 'on the surface' and any additional sentence would be redundant. Two years after that interview, these pages attempt to decompose and single out the elements and processes connected with some of Max Bill's works which, for their own origin, already contain all possible explanations and interpretations. The formal reduction in favour of contents maximization is, perhaps, Max Bill's main lesson.

ABSTRACT: Varosha, the derelict southern quarter of the coastal city Famagusta in Cyprus stayed unpeopled under the Turkish military captivity after involuntarily abandoned by its approximately 40,000 Greek Cypriot inhabitants during 1974 war. Seen as the political bargaining chip for the peace negotiations, the city has been fenced off to its abruptly displaced people except the recent openings to public visits of the beachfront in October 2020. The emerging culture created by the enforced displacement and prohibited home returning for decades had remained unexplored and this 3-year ethnographic study (2018-2021) problematized the neglected voice of the displaced Varosiotes, the people of Varosha. Grounded in Walter Fisher's (1984, 1985, 1989) Narrative Paradigm theory of communication arguing human beings as natural homo narrans, storytellers and narrative as symbolic actions, meaningful 'words and deeds' for those who generate them, this present study focused on place attachment as a discursive practice claiming people-place bond through story telling. This ethnographic study of place attachment communication addressing the lack of exploration in the context of desired home returning pursued two research questions; how the involuntarily displaced people of Varosha narrate place attachment in the context of conflict and how these narratives function as a means of communication and a story telling performance. To address the undeveloped area of contextualized narrative analysis alongside the content, I followed the people and their memory - 'postmemory' patterns of the place. Demanded by the features of the field (military, unpeopled, forbidden, etc.), I employed multi-sited ethnography covering spectral (barbed wire fences of the deserted city and later on opened beachfront and streets), digital (social networking virtual place on Facebook) and futural (Varosha's future revival as an imagined place) sites of my fieldwork Varosha. Recruiting 45 displaced Varosiotes (35 pre 1974, 10 post-1974) for active interviews and participating their narrative performances, I collected two kinds of narratives; from paper and digital archives since 1974 and from the interviews conducted and verbatim transcribed afterwards. Through the thematic narrative iterative analysis, I discovered a narrative typology of place attachment: narrative of loss, narrative of threshold, narrative of transformation and narrative of future. The function of these place attachment narratives revealed as mnemonic resistance to oblivion and to oppression. This study concluded with theoretical, methodological and practical implications for further research in the studies of narrative, place attachment, peace communication, memory and contemporary ethnography. Keywords: Narrative, place attachment, mnemonic resistance, media and memory, postmemory, peace communication, multi-sited ethnography, qualitative research ; ÖZ: Kıbrıs'ta yaklaşık 40,000 Kıbrıslı Rum sakinin 1974 savaşıyla terk etmek zorunda kaldığı sahil kenti Mağusa'nın Maraş bölgesinin bir kısmı, Türk Silahlı Kuvvetleri kontrolünde bir askerî bölge olarak savaş sonrası insansızlaştırıldı ve barış görüşmelerinde koz olarak kullanılmak üzere kapatıldı. Göçe zorlandığından beri evine dönmeyi bekleyen insanına, Ekim 2020'de halk ziyaretine açılan sahil şeridi dışında, yaklaşık yarım asırdır kapalı tutulan bölge, Kapalı Maraş olarak bilinmektedir. Bu üç yıllık (2018-2021) etnografik çalışma, zorla yerinden edilmenin ve on yıllardır süren eve dönüş yasağının insan tecrübesi olarak yarattığı kültürün daha önce araştırılmamış olmasını ve Maraşlıya kendini ifade ortamı sunulmamasını problem odağına almıştır. Bu çalışma anlatıyı anlamlandırılmış sembolik söz ve eylemlerden oluşan bir iletişim aracı, insanı da doğal hikâye anlatıcısı, homo narrans olarak konumlayan Walter Fisher'in (1984, 1985, 1989) Anlatı Paradigması temelinde hikâye anlatıcılığıyla kurulan insan-yer arasındaki yer bağlılığını söylemsel bir pratik olarak ele almıştır. Daha önce eve dönüş isteği bağlamında araştırılmamış yer bağlılığı iletişimini etnografik olarak irdeleyerek alana katkı koymayı amaçlayan bu çalışmanın iki araştırma sorusu olmuştur: İstemeden yerinden edilen Maraşlılar yer bağlılıklarını anlaşmazlık ortamında nasıl anlatıyorlar? Bu anlatılarının bir iletişim aracı ve hikâye anlatıcılığı performansı olarak işlevi nedir? Bu tez, bağlam dahil edilmeden yapılan içerik odaklı anlatı analizlerinin aksine, anlatı içeriklerini ve işlevselliği ortaya çıkarabilmek için bağlamları ile birlikte inceleyerek alana katkıda bulunmayı hedeflemiş ve yerinden edilmiş insanların yer hafızası ve 'hafıza-sonrası' örüntülerini takip ederek ilerletilmiştir. Çalışma sahası Maraş'ın özelliklerinin (askerî, insansız, yasak, vb.) araştırma yöntemi olarak dayattığı çok-alanlı etnografyaya dahil edilen alanlar şunlardır: spektral (terk edilmiş şehrin dikenli tel boyu ve sonradan açılan sahil şeridiyle sokakları), dijital (sosyal ağın kurulduğu sanal mekân Facebook) ve futural (hayalî mekan olarak Maraş'ın canlandırılmış geleceği). 45 Maraşlı göçmen (35 kişi 1974 öncesi, 10 kişi 1974 sonrası doğmuş) ile yapılan aktif görüşmelerden ve katılımcı gözlemci olarak bulunulan anlatı performanslarından toplanan veri, iki çeşit anlatı ortaya çıkarmıştır: İlki, 1974'ten beri oluşan basılı ve dijital arşivlerden elde edilenler; ikincisi, görüşmeler esnasında kayda alınan ve sonradan kelimesi kelimesine deşifre edilen anlatılar. İteratif yöntemle yapılan tematik anlatı analizi sonucunda ortaya çıkan yer bağlılığı anlatı tipolojileri şunlardır: kayıp anlatısı, araf anlatısı, dönüşüm anlatısı ve gelecek anlatısı. Yer bağlılığı anlatılarının işlevleri ise unutmaya ve baskıya karşı oluşan belleksel direniş olarak belirlenmiştir. Bu çalışma, bulgularından esinle anlatı, yer bağlılığı, barış iletişimi, bellek ve çağdaş etnografya alanlarında ileriye yönelik araştırmalar için teorik, metodolojik ve pratik önerilerde bulunularak sonlandırılmıştır. Anahtar Kelimeler: Anlatı, yer bağlılığı, belleksel direniş, medya ve hafıza, hafıza sonrası, barış iletişimi, çok-alanlı etnografya ve nitel araştırma. ; Doctor of Philosophy in Communication and Media Studies. Institute of Graduate Studies and Research. Thesis (Ph.D.) - Eastern Mediterranean University, Faculty of Communication And Media Studies, 2021. Supervisor: Co-Supervisor: Prof. Dr. Rebecca Bryant and Supervisor: Assoc. Prof. Dr. Ceren Boğaç.

학위논문(석사)--서울대학교 대학원 :행정대학원 글로벌행정전공,2019. 8. 구민교. ; Discussions on'state capitalism'became more controversial in 21 century with the rise of emerging countries such as China and India. Since Hall and Soskice first presented two types of capitalism such as liberal market economies (LMEs) and coordinated market economies (CMEs), other studies tried to extend the debates beyond Western Europe and Northern America, and the role of 'states'became important to determine the types of capitalism. Though many theories argued that state capitalism is likely to lead to inefficiency by focusing on social objectives or political gain, institution-based view see that the SOEs performance will vary depending on country-specific features. US and other western developed countries are trying to formulate SOE rules through the international trade agreements such as the CPTPP, the TTIP and the UNMCA as the response to this phenomenon. Korea is expected to be a member of new agreements in the future. The new agreements are not"illegalizing"SOEs but require each government to ensure SOEs to compete on the same basis as private firms. Some countries with strong SOEs such as China and India do not agree on these rules as they see the SOE policies are the matters of economic sovereignty. However, as a member of OECD and a close economic and political partner of the US, Korea cannot ignore the formation of SOE rules in the trade agreements. Fifty five public institutions in Korea are possibly to be categorized as"SOEs", and diverse forms of government's favoritism such as financial contribution, government's indirect guarantee and tax exemption are likely to be regarded as"NCA" under the new rules. Whether those government's support will cause adverse effects on other countries will depend on whether those SOEs are competing in the global goods and services markets and whether they obtained advantages due to the assistances. Having SOEs will not prevent Korea from joining the CPTPP, but some reforms of its SOEs will be needed to conform to the SOE rules in this trade agreement. As to the direction of reform, Korea should focus on three things. First, the government should establish a new accounting system for SOEs, which separates commercial activities that are disciplined by the SOE rules and non-commercial activities, as the OECD Guidelines suggest. This will ensure that there is no cross-subsidization between those two activities. Second, the government should reduce the SOEs' role in foreign markets, as Japan did in the energy sector. Third, the government should reduce or eliminate financial support to SOEs, especially in areas where they compete with private companies. ; 이전 시대부터 등장하였던 국가 자본주의 (State Capitalism)는 중국, 인도 등 신흥경제국 성장으로 21세기 들어 더욱 주목받고 있다. Hall과 Soskice는 자유시장경제 (LMEs)와 조정시장경제 (CMEs)로 "자본주의의 다양성" 모델을 제기하였는데, 국가의 역할을 새롭게 조명하면서 자본주의 논의를 서유럽과 북미 이외의 지역으로 넓히고자 하는 시도는 지속되어왔다. 국가자본주의가 사회적 목적이나 정치적 목적을 달성하기위해 비효율적인 체제로 이를 것이라고 보는 견해가 있으나, 제도주의 (institution-based view) 입장에서는 그 성과를 획일적으로 볼 수는 있으며 국가별로 다른 조건에 따라 달라질 수 있다고 본다. 미국을 비롯한 서구 선진국들은 CPTPP, TTIP, UNMCA 등 새로운 무역협정을 통해 국영기업에 대한 규범을 형성하며 이를 견제하고자 노력하고 있다. 새로운 규범은 국영기업을 금지하지는 않으나, 국영기업이 민간 기업과 동등한 조건에서 경쟁하도록 규율한다. 중국, 인도 등 강한 국영기업을 가진 나라들은 이러한 규범에 동의하지 않고 국가 경제 주권의 문제라고 주장한다. 그러나 OECD 회원국이자 미국의 가까운 정치적, 경제적 파트너로서 한국은 국영기업 규범을 무시할 수 없는 실정이다. CPTPP 국영기업 챕터에 따라 분석한 결과 55개의 공공기관이 "국영기업" 정의에 해당할 가능성이 있으며, 정부가 제공하고 있는 자금 지원, 간접적 정부 보증, 세제 혜택 등이 "비상업적 지원"에 해당할 수 있다. 이러한 지원이 다른 국가에게 "부정적 영향"을 주었는지 여부는, 각 국영기업이 경쟁하고 있는 재화 및 서비스 시장과 이러한 지원을 통한 실질적 혜택 여부에 따라 판단하게 될 것이다. 국영기업을 보유하고 있는 것 자체가 CPTPP 등 국제협정에 가입하는 것을 막는 것은 아니나, 향후 이를 대비한 국내 제도 정비가 바람직한 것으로 보인다. 이를 위해 국영기업 내 상업적/비상업적 (공공목적) 활동에 대한 회계를 분리하고, 해외에서 타기업과 경쟁하는 분야의 국영기업 역할을 축소하고, 상업적 활동에 대한 정부 지원을 줄여가는 것이 적절한 방향이 될 것이다. ; Chapter 1. Introduction 1 1.1. Study Background 1 1.2. Purpose of Researh and Methods 8 1.3. Literature Review 13 Chapter 2. Theories on SOE behavior and State capitalism 19 2.1. State Capitalism as a Type of Capitalism 19 2.2. Theories on SOE and State Capitalism 23 Chapter 3. Multilateral Trade Rules on SOEs 31 3.1. Non-binding Rules: Competitive Neutrality 31 3.2. SOE rules under the WTO and Previous RTAs 33 Chapter 4. SOE rules in Recent Trade Agreements 39 4.1. Background and overview 39 4.2. Analysis of main Elements 40 Chapter 5. Analysis of Korean SOEs 48 5.1. Previous Policies on SOEs in Korea 48 5.2. Identifying SOEs in Korea 50 5.3. Analysis of SOE activities 55 5.4. Cases: KNOC and KOGAS 64 5.5. Singapore and Japans SOEs and Policy implication to the Korea 78 Chapter 6. Conclusion 86 Annex. Identification of Korean SOEs 89 Bibliography 92 Abstract in Korean 95 ; Master

Over a decade has gone by since the renaissance of autocratic studies, which greatly contributed to refining the knowledge accumulated from the democratization studies literature. However, almost all contributions within the field have focused on classifying autocracies along "autocratic types" (e.g. placing countries into categories that comprise civil, military, royal or personalistic dictatorships), while close to none asked whether we should be interested in explaining variation along political liberalization levels. I propose a measure of political regime openness which is correlated but significantly different from indexes of democracy. I then produce a tripartite classification of the political space linked to a theoretical model (dividing countries between closed autocracies, open autocracies, and democracies), and empirically test the correlates of these liberalization types and pro- and anti-liberalization transitions in 154 countries of the world between 1970 and 2007. I produce multiple tripartite classifications according to different political regime openness thresholds, and show that empirical findings are highly robust to different conceptualizations of this latent variable. To assuage the problems of high missingness levels in a host of theoretically-relevant correlates, I employ known but seldom-used empirical methods (multiple imputations). This allows me to include a much higher number of regressors without resorting to listwise deletion or to bias-inducing single/"expert" imputation techniques. At the same time, by incorporating the uncertainty around missing data instead of doing away with it, this allows me to retain only very significant findings and to do away with the rest. Empirical findings show that, after controlling for relevant correlates, no political liberalization or autocratic retrenchment (time-clustering) "wave" occurs within the sample period. On the contrary, spatial autocorrelation and regime duration are key to understanding autocratic and democratic resilience. In terms of substantive socio-economic correlates, I find that inequality levels have a crucial role to play in determining political liberalization levels at the early stages of a polity, but tend to become irrelevant later on. I am also able to adjudicate between long-standing theories of inequality and democracy, finding in favor of those arguing that higher liberalization levels should be found at average, not low, levels of inequality. My findings also show that the modernization theory should be problematized: while countries with higher levels of economic well-being tend to be more politically liberal, the same higher levels of economic well-being tend to tip the balance in favor of regime resilience in general. In autocracies, this process is liable to open up a rift between the preferences of the population and those of the governing elite(s). This is most evident in non-rentier countries, where governing actors have less leeway to buy out consensus, and is also currently applicable to hydrocarbon-dependent countries who have to cope with low international prices. These findings are relevant to scholars and policymakers alike. First, they suggest that the international community should think twice about supporting democratization attempts, which may have a higher likelihood of failing whenever structural conditions are not favorable in the first place. Sometimes, political liberalizations within autocracies could be preferred. Second, while GDP growth is correlated with changes in political liberalization levels, in fact economic recessions are only found to increase the likelihood of autocratic retrenchment. Policymakers arguing in favor of economic sanctions are advised to take into account that the most likely outcome is for the existing government – or for a different government succeeding it – to veer towards a less liberal political regime. Current sanctions against Russia and Syria (not to mention North Korea) may be a case in point. Third, findings emphasize the role of agency. Structural relations within a polity do not perfectly determine political regime choice and change, and the same trend can have controversial effects over the likelihood of choosing a more liberal political regime and the likelihood of transitioning in the first place. Therefore, whenever policymakers and the international community are determined into "nudging" a country into a more liberal political regime, they are advised to concentrate over specific actors – e.g. governments in exile, oppositions within and outside the country, the military, etc. – and work with them towards a common objective. The bottom line is: while economic sanctions appear to be the easiest way to coordinate international action against an illiberal government, broader political action, while more costly, has a higher chance of succeeding in the longer run. Fourth, political regime transitions are associated with higher degrees of political violence. Whenever politicians, or the public opinion, side in favour of regime change in illiberal countries, they should be aware that this may not come at a small cost in terms of human lives lost or infrastructural damage. As conflicts in Syria and Libya that are dragging on since the 2011 Arab Spring show, attempted transitions may degenerate into longstanding violent confrontations. Finally, as Egypt's autocratic retrenchment shows, any regime transition "resets the clock" of a regime's durability, making it more likely to change again within the next few years. At the same time, both Egypt on the one hand and Tunisia on the other are evidence that, aside from differing structural conditions, the main actors of a polity are the ultimate source of political regime choice and change.

Die Luftfahrtbranche ist eine der führenden Kräfte regionalen Wirtschaftswachstums. Weltweit finden vermehrt luftfahrtbezogene Umwandlungen in der Nachbarschaft von Flughäfen statt. Gemeinden neben Flughäfen bilden Schnittpunkte großartiger Möglichkeiten und Herausforderungen; wenn ein neu ausgebauter Flughafen in Betrieb genommen wird, fließt z. B. eine große Menge an sozialen, öffentlichen und privaten Geldmittel ins Flughafengebiet und ändert somit dessen Wirtschaftsstruktur sowie Flächennutzung innerhalb kürzester Zeit. Abgesehen von kleineren politischen Auswirkungen von städtischen Entwicklungsprojekten sind demografische Änderungen und Änderungen der Flächennutzungsverteilung von großangelegten Flughafengebieten durch den Einfluss des benachbarten Flughafens relevant. Daher sind Ermittlungen zur Beziehung zwischen Flughafenauswirkungen und Änderungen der städtischen Raum-, Wirtschafts- und Sozialstrukturen, basierend auf Fallstudien von ähnlichen Flughäfen als Planungsvoraussetzungen für angemessene Zukunftsentwicklungsprojekte in Flughafengebieten von Bedeutung. Lineare Regressionsanalysen finden als statistische Modellen ausgedehnte Verwendung in akademischen und praktischen Feldern, um Korrelationen zu erforschen und Tendenzen vorauszusagen (Langzeitbewegungen in Zeitreihen). Lineare Regression wurde bisher ebenfalls verwendet, um die Auswirkung von Veranstaltungen bezüglich Städten vorherzusagen, zum Beispiel die der Olympischen Spielen auf die Wirtschaftsentwicklung der Gastgeberstädte. Basierend auf Fallstudien von Europäischen Eingangsflughäfen (London-Gatwick, London-Heathrow, Paris-Charles-de-Gaulle, Paris-Orly, Flughafen München, Flughafen Frankfurt, Amsterdam-Schiphol und Flughafen Zürich) führt diese Dissertation lineare Regressionmodelle ein, um die Korrelationen zwischen Flughafenkapazität und deren Auswirkungen auf die Demografie (Bevölkerungsdichte, Rate der alternden Bevölkerung und Arbeitslosigkeitsrate) sowie die Tendenz von Änderungen in der Flächennutzung der benachbarten Region zu erforschen. Schließlich werden Regressionsresultanten benutzt, um die demografischen Änderungen und Flächennutzungsänderungen auf dem Gebiet des Internationalen Flughafens Berlin-Brandenburg (BER) zu prognostizieren. Ein Umsetzungsbeispiel dafür wird ebenfalls formuliert. Anwendungen des GIS (Geoinformationssystem) erlauben Nutzern, räumliche Informationen intuitiv zu analysieren. In der vorliegenden Dissertation werden ArcGIS Hot-Spot-Analysen und Dichtenanalysen eingeführt, um die gemeinsamen Grundlagen der Flächennutzungs¬verteilung am Beispiel von Fallstudien Europäischer Flughafengebieten zu ermitteln. Diese beinhalten bspw. das industrielle und gewerbliche Cluster von Bodenverkehrskorridoren eines Flughafens; das Auswirkungsspektrum des Flughafens auf verschiedene Flächennutzungen; die Flughafenlärmbelastung hinsichtlich der Entwicklung benachbarter Wohngebieten etc. Des Weiteren werden die Resultate in einen Kontext mit dem gegenwärtigen Zustand der Gemeinden im BER-Flughafengebiet gestellt, um die potenziellen Entwicklungshotspots für Planung und Stadtdesign-Strategien in diesem Gebiet einzuschätzen. Die Ermittlung von Strategien für die Neueinrichtung des Stadtbilds und Stadt-Branding sind ebenso wichtige Teile dieser Arbeit. In der Zeit der Wissensökonomie spielen Stadtbild und Stadt-Branding eine wichtige Rolle in der städtischen Revitalisierung, insbesondere im Gebiet eines neuen Flughafens. Im Fall des BER-Flughafengebiets ist eine von den örtlichen Behörden entworfene "mentale Stadt" noch wichtiger als die Bedingungen der "physischen Stadt". Ein angemessenes Stadtbild, gefolgt von effizienter Planung und Designstrategien, könnte nicht nur das Vertrauen und das Zugehörigkeitsgefühl der Einwohner stärken, sondern auch die Wettbewerbsfähigkeit stark fördern, auf regionalem sowie auf Gemeinde-Niveau. Daher sind die Ermittlung eines angemessenen Stadtbilds für ein Flughafengebiet sowie Strategien für die Etablierung eines solchen Bildes wichtige Komponenten der vorliegenden Dissertation. ; The aviation industry is one of the leading forces of regional economic growth. Aviation-related urban transformation in the airport vicinity has been occurring at an increasing rate worldwide. Communities adjacent to airports represent intersections of great opportunities and challenges. For example, when a newly expanded airport starts operating, a large amount of social, public and private funds will forthwith flow into the airport region, thus changing the economic structure and land use distribution within a short period. Disregarding political impacts of urban development projects in the small scale, the demographic and land use distributions of larger-scale airport regions are under common impact of their adjacent airports, since obvious aviation-related airport regions are formed with similar land use and demographic features. Thus, investigations on the relationship between airport impacts and changes on urban spatial, economic and social structure, based on case studies of similar airports, are significant as planning preconditions for proper future development projects in airport regions. Linear regression analysis as a statistic model is widely used in academic and practical fields to investigate correlations and predict tendencies (long-term movements in time series). Linear regression has also been applied to predict the impact of events on cities, such as that of the Olympic Games on the economic development of the host cities. Based on case studies of European gateway airports (London Gatwick, London Heathrow, Paris Charles de Gaulle, Paris Orly, Munich Airport, Frankfurt Airport, Amsterdam Schiphol and Zurich Airport), in this thesis are introduced linear regression models to investigate the correlations between airport capacity and its impacts on demographics (population density, aging population ratio and unemployment ratio), and the tendency of land use changes in the neighboring regions. At last, significant regression resultants are used to predict the demographic and land use changes in the Berlin Brandenburg (BER) international airport region, and an implementation example is given. GIS (Geographic Information System) applications allow users to analyze spatial information in an intuitive way. In this thesis, ArcGIS hot spot analysis and density analysis are introduced for investigating common grounds in land use distribution, using case studies of other European airport regions. These include, for instance, the industrial and commercial cluster of an airport's ground traffic corridors; airport impact range on diverse land usage; airport noise impact on the adjoining residential development; etc. Next, resultants are correlated with the status quo of communities in the BER airport region to estimate the potential development hot spots for planning and urban design strategies in this area. The investigation of strategies for re-establishing urban image and urban branding is also an important part of the present work. In the knowledge-based economy era urban image and urban branding play an important role in urban revitalization, especially in a new airport region. In the case of the BER airport region, a "mental city" outlined by the local authority is even more important than the existing conditions of the "physical city". A proper urban image accompanied by efficient planning and design strategies may not only retain the confidence, reputation and the sense of belonging of local residents, but also highly promote competitiveness at both regional and community level. Therefore, investigation on a proper urban image for an airport region, as well as strategies for establishing such image, is also an important component of this thesis.

En este trabajo se examina las nuevas condiciones para las relaciones económicas internacionales de Bolivia que ha creado el gobierno del Movimiento al Socialismo (MAS). La visión más común en los gobiernos anteriores a los del MAS era que si Bolivia ha de desarrollarse, necesitaba participar ampliamente en el comercio internacional y atraer, al mismo tiempo, flujos de capital externo para financiar las inversiones requeridas para su crecimiento. Se veía a la participación en la globalización como una condición necesaria mas, obviamente, no suficiente para el crecimiento y el desarrollo. La posición del gobierno del MAS difiere en muchos aspectos de la concepción anterior y de las visiones de los gobiernos previos. Ella está claramente más volcada al interior, con un papel más importante para el estado y en pos de una mayor industrialización de los recursos naturales del país, siguiendo modelos de mediados del siglo pasado. Las preguntas que hay que responder son: ¿cuál es el espacio de maniobra del gobierno del MAS dadas las tendencias de los principales socios comerciales de Bolivia y de las fuentes internacionales de financiamiento? ¿Cuán bien preparada está la economía boliviana para actuar bajo otras reglas de juego? ¿Qué consecuencias puede tener el retorno de políticas arcaicas? ; The "deliberative development" approach to policy reform has gained popularity in both academic and policy circles without a clear understanding of the requirements for its success. Based on a reading of the deliberative democracy literature, we detail those requirements, finding them to be quite restrictive. We then examine Bolivia's 2000 National Dialogue, a national deliberation on development policy, and find—not surprisingly—that these requirements were generally missing. More importantly, we demonstrate that the lack of these requirements is not benign: the institutional characteristics of the Dialogue had direct effects, and the Dialogue continues to affect Bolivia's politics in debatable ways. The late 1990s and early part of this decade witnessed what appeared to be a major change in the approach of international development institutions to policy reform. The most important evidence of this change was the Poverty Reduction Strategy Paper (PRSP) initiative of the World Bank and International Monetary Fund. This initiative, which arose in 1999 in the context of updating the Heavily Indebted Poor Countries' (HIPC) Initiative, required countries to prepare a PRSP prior to receiving debt relief (see International Monetary Fund and International Development Association, 1999). Each country's PRSP was to outline an overall strategy to reduce poverty, including structural reforms such as trade and privatization as well as specific anti-poverty programs. These PRSPs are now required to receive any World Bank or IMF concessional assistance. What made the PRSP initiative particularly innovative and noteworthy was that the Bank and Fund required that the strategy be developed in a "participatory" way. That is, the PRSP needed to be based on some sort of consultative process by which the government solicited input from various societal groups—including local nongovernmental organizations (NGOs), businesses, and unions—and then incorporated those preferences in the policy. This approach to government policymaking seemed to go directly against a line of academic work on economic reform that had been influential in these institutions for years (e.g. Sturzenneger and Tommasi, 1998), arguing that there was an inverse relationship between the success of economic reform and the amount of participation of society in making policies. Having criticized this old approach for years, most NGOs and developing country governments supported the new direction taken by the World Bank and IMF. In fact, few critics of the approach (e.g. Stewart and Wang, 2003) have critiqued the idea of participation, most instead focusing their critiques on the poor "extent" and "quality" of participation. In one of the benchmark articles supporting this "deliberative" approach to policy reform, Peter Evans (2004) notes that such an approach to policymaking is supported by work by the economists Amartya Sen (1999) and Dani Rodrik (2000), who argue that participation and public deliberation are means to better policies. Evans writes, "If it were possible to implant this sort of deliberative process in political units large enough to impact developmental trajectories—say, the provincial or municipal level—we would have something that could be called 'deliberative development'" (2004: 37). Discussing examples from Porto Alegre, Brazil, and Kerala, India, Evans goes on to argue that this type of development is not only desirable, but attainable. Despite its increasing popularity in the academic and policy worlds, we still know little about what is needed for the deliberative development approach to be successful. While it may be true that political processes in Porto Alegre, Kerala, and elsewhere have exhibited deliberative aspects as well as positive development outcomes, the particular details of how the former relates to the latter remain murky. Are deliberative processes appropriate for all development decisions? Are there particular characteristics of the society that need to be present in order for deliberation to work well? Are there particular characteristics of the deliberative institutions that need to be present? Can there be any negative effects if deliberation is not done well? If the deliberative development approach is to be considered a viable and superior policymaking alternative, these questions must be answered.

Apart from evoking accent-based stereotypes, non-native speech has been found to pose threat to intelligibility and overburden listeners with additional cognitive load which may evoke their irritation (Johansson 1975; Kelly 2000; Munro 2003; Lippi-Green 2012; Moyer 2013). The paper discusses the notion of communicative responsibility defined as speaker's effort to overcome the undesirable consequences of foreign accent for the sake of efficient conveyance of relevant message. Five religious lectures (amounting to 5hrs of audio-visual material) delivered in Polish-accented English are discussed with respect to the speaker's non-native pronunciation and his morally motivated effort to convey the message precisely despite phonetically deviant speech. The shortcomings of non-native pronunciation are anticipated and targeted by preventive strategies, such as disambiguation, frequent repetition and use of emphatic stress to highlight the most relevant information, eliciting direct feedback from the listeners, monitoring their non-verbal responses, as well as the employment of enhancing devices, such as gestures. ; agabryla@gmail.com ; Agnieszka Bryła-Cruz is an Adjunct Professor at Maria Curie-Skłodowska University in Lublin, Poland. Her main research interests concern the role of linguistic and socio-linguistic factors in Second Language Acquisition, particularly pronunciation, and the perception of non-native accents by English native speakers. More recently, she has studied the role of phonetics in listening comprehension in a series of empirical studies. ; Maria Curie-Skłodowska University in Lublin, Poland ; Asher, J. & García, R. 1969. The optimal age to learn a foreign language. Modern Language Teacher 53: 334-341. ; Auhagen, A.E. & Bierhoff, H. (eds.). 2001. Responsibility: The Many Faces of a Social Phenomenon. London: Routledge. ; Bansal, R. K. 1969. The Intelligibility of Indian English: Measurements of the Intelligibility of Connected Speech, and Sentence and Word Material, presented to Listeners of Different Nationalities. Hyderabad: Central Institute of English. ; Baugh, J. 2003. Linguistic profiling. In: S. Makoni, G. Smitherman, A. Ball & A. Spears (eds.), Black Linguistics: Language, Society and Politics in Africa and the Americas, 155-168. London: Routledge. ; Brown, A. 1991. Pronunciation Models. Singapore: Singapore University Press. ; Bryła-Cruz, A. 2016. Foreign Accent Perception: Polish English in the British Ears. Newcastle upon Tyne: Cambridge Scholars Publishing. ; Campbell, H. A. (ed.). 2013. Digital Religion: Understanding Religious Practice in New Media Worlds. London / New York: Routledge. ; Celce-Murcia, M., Brinton, D. M. & Goodwin, J. M. 1994. Teaching Pronunciation: a Reference for Teachers of English of Speakers of other Languages. Cambridge: Cambridge University Press. ; Church, R. Breckinridge, Alibali, M.W. & Kelly, S. D. 2017. Understanding gesture: Description, mechanism and function. In: R. B. Church, M. W. Alibali & S. D. Kelly (eds.), Why Gesture? How the Hands Function in Speaking, Thinking and Communicating (Gesture Studies 7), 3-10. Amsterdam / Philadelphia: John Benjamins Publishing Company. ; Clark, H. H. 1994. Managing problems in speaking. Speech Communication 15: 243‐250. ; Dawson, L. L. 2005. The mediation of religious experience in cyberspace. In: M. T. H2jsgaard & M. Warburg (eds.), Religion and Cyberspace, 15-37. New York / London: Routledge. ; De Ruiter, J. P. 2017. Asymmetric redundancy of gesture and speech. In: R. B. Church, M. W. Alibali & S. D. Kelly (eds.), Why Gesture? How the Hands Function in Speaking, Thinking and Communicating (Gesture Studies 7), 59-75. Amsterdam / Philadelphia: John Benjamins Publishing Company. ; Derwing, T., Fraser, H., Kang, O., Thomson, R. 2014. L2 Accents and ethics. Issues that merit Attention. In: A. Mahboob & L. Barratt (eds.), Englishes in Multilingual Contexts: Language Variation and Education, 63-80. New York / London: Springer. ; Dragojevic, M. & H. Giles. 2016. I don't like you because you're hard to understand. Human Communication Research 42 (3): 396-420. ; Erwin, S. I. 2005. Language Barriers Hinder Multinational Operations. National Defense (90). http://www.nationaldefensemagazine.org/articles/2005/7/1/2005july-language-barriers-hinder-multinational-operations, retrieved March, 2017. ; Field, J. 2005. Intelligibility and the listener: The role of lexical stress. TESOL Quarterly 39 (3): 399-423. ; Flege, J. E. 1988. The production and perception of foreign language speech sounds. In: H. Winitz (ed.). Human Communication and its Disorders. A Review, 224-401. Norwood, NJ: Ablex. ; Flege, J. E. & Southwood, H. 1999. Scaling foreign accent: direct magnitude estimation versus internal scaling. Clinical Linguistics and Phonetics 13 (5): 335-349. ; Gilbert, J. B. 2010. Pronunciation as orphan: What can be done? Speak Out! 43: 3-7. ; Gullberg, M. 1998. Gesture as a Communication Strategy in Second Language Discourse. A Study of Learners of French and Swedish. Lund: Lund University Press. ; Gullberg, Marianne. 2008. A helping hand? Gestures, L2 learners, and grammar. In: S. G. McCafferty & G. Stam (eds.), 185-210. Gesture: Second Language Acquisition and Classroom Research. New York / London: Routledge. ; Johansson, S. 1978. Studies of Error Gravity: Native Reactions to Errors Produced by Swedish Learners of English. Göteborg, Sweden: Acta Universitatis Gothoburgensis. ; Johnson, T. D. 2014. The Preacher as Liturgical Artist. Metaphor, Identity and the Vicarious Humanity of Christ. Cascade Books: Oregon. ; Johnson, P. W. T. 2015. The Mission of Preaching: Equipping the Community for Faithful Witness. Downers Grove: InterVarsity Press. ; Kelly, G. 2000. How to Teach Pronunciation. Harlow: Longman. ; Kendon, A. 2004. Gesture: Visible Action as Utterance. Cambridge: Cambridge University Press. ; Lambert, W. E., Hodgson, R. C., Gardner R. C. & Fillenbaum, S. 1960. Evaluational reactions to spoken English. Journal of Abnormal and Social Psychology 60: 44-51. ; Lenneberg, E. 1967. Biological Foundations of Language. New York: John Wiley. ; Lippi-Green, R. 1997. English with an Accent. Language, Ideology, and Discrimination in the United States. Devon: Biddles Ltd. ; Lippi-Green, R. 2004. Language ideology and language prejudice. In: E. Finegan & J. R. Rickford (eds.), Language in the USA: Themes for Twenty-first Century, 289-304. Cambridge: Cambridge University Press. ; Lischner, R. 2002. The Company of Preachers: Wisdom on Preaching, Augustine to the Present. Grand Rapids: Wm. B. Eerdmans Publishing Co. ; Luce, P. A. & Pisoni, D. B. 1998. Recognizing spoken words: the neighbourhood activation model. Ear Hear 19 (1): 1-36. ; McRoy, S. W. & Hirst, G. 1995. The repair of speech act misunderstandings by abductive inference. Computational Linguistics 21 (4): 435‐478. ; McNeill, D. 1992. Hand and Mind: What Gestures Reveal about Thought. Chicago: The University of Chicago Press. ; Moyer, E. 2013. Foreign Accent: The Phenomenon of Non-Native Speech. Cambridge: Cambridge University Press. ; Munro, M. J. 2003. A primer on accent discrimination in the Canadian context. TESL Canada Journal 20 (2): 38-51. ; Oyama, S. 1976. A sensitive period in the acquisition of a non-native phonological system. Journal of Psycholinguistic Research 5: 261-285. ; Penfield, W. & Roberts, L. 1966. Speech and Brain Mechanisms. New York: Atheneum. ; Resner, A. 1999. Preacher and Cross: Person and Message in Theology and Rhetoric. Grand Rapids, Michigan: Eerdman. ; Roembke, L. 2000. Building Credible Multicultural Teams. Pasadena (CA): William Carey Library. ; Sapon, S. 1952. An application of psychological theory to pronunciation problems in second language learning. Modern Language Journal 36: 111-114. ; Scovel, T. 1969. Foreign accents, language acquisition and cerebral dominance. Language Learning 19: 245-263. ; Sobkowiak, W. 1996. English Phonetics for Poles. Poznań: Bene Nati. ; Stott, J. 2017. Between Two Worlds: the Challenge of Preaching Today. Grand Rapids, Michigan: Eerdmans Publishing Company. ; Strother, J. B. 1999. Communication failures lead to airline disasters. IPCC 99: Communication jazz: Improvising the new international communication culture: Proceedings. Paper presented at the 1999 IEEE International Professional Communication Conference, New Orleans, LA, September 7-10, 29-34. Piscataway, NJ: IEEE. ; Szpyra-Kozłowska, J. 2013. On the irrelevance of sounds and prosody in foreign-accented speech. In: E. Waniek-Klimczak & L. Shockey (eds.), Teaching and Researching English Accents in Native and Non-native Speakers, 15-29. Berlin: Springer Berlin Heidelberg. ; Thompson, I. 1991. Foreign accents revisited: The English pronunciation of Russian emigrants. Language Learning 41 (2): 177-204. ; Trudgill, P. & Hannah, J. 1994. International English. A Guide to Varieties of Standard English. Bristol: J. W. Arrowsmith Ltd. ; Walley, A. 2007. Speech learning, lexical reorganization, and the development of word recognition by native and non-native English speakers. In: O.-S. Bohn & M. Munro (eds.), Language Experience in Second Language Learning, 315-330. Amsterdam: John Benjamins Publishing. ; Williams, F. 1970. Language, attitude and social change. In: F. Williams (ed.), Language and Poverty: Perspectives on a Theme, 380-399. Chicago, IL: Markham. ; Woods, P. 2006. The hedgehog and the fox; Approaches to English for peacekeeping. In: J. Edge (ed.), (Re)locating TESOL in An Age of Empire, 208-226. New York: Polgrave Macmillan. ; Wright, R. 2004. Factors of lexical competition in vowel articulation. In: J. Local, R. Ogden & R. Temple (eds.), Phonetic Interpretation: Papers in Laboratory Phonology VI, 75-87. Cambridge: Cambridge University Press. ; "The Strategy of the Devil in our lives" https://www.youtube.com/watch?v=u3Z4CNERkfw ; "Spiritual warfare" https://www.youtube.com/watch?v=jI4CqFAymDw&t=1619s ; "Opening doorways to the demonic activity" https://www.youtube.com/watch?v=n61ZfLE_XyQ&t=774s ; "The evil spirits in action" https://www.youtube.com/watch?v=QVIIbVawzXM ; "The distraction power of the Jezebel spirit" https://www.youtube.com/watch?v=MxaEn7X1-Ec&t=2132s ; Dalai Lama https://www.youtube.com/watch?v=HbC-TXNGK1M ; 26 (3/2019) ; 4 ; 20

The subject. The article considers the role of the Plenum of Russian Supreme in forming judicial practice on the example of giving qualification to the crimes committed against sexual freedom and inviolability, as well as against property and public health.The objective of the article is to conduct a complex analysis of the function of the decisions, taken by the Plenum of Russian Supreme Court, in the formation of a unified vector of judicial practice. The authors dare to refute the hypothesis hat judicial practice can be recognized as a source of law.The methodological basis of the research is the dialectical theory of development and interrelation of phenomena. Historical, formal-logical, systematic methods of knowledge have been identified as relevant to the topic of the study.The main results, scope of application. The authors draw attention to the problem of evaluative features used in the process of law enforcement when interpreting the norms of the Special Part of the Criminal Code of the Russian Federation. A norm with such signs acquires an unformalized essence from the point of view of the boundaries of criminalization of a particular phenomenon. On the other hand, the nature of crimes is so diverse that without the flexibility of criminal law regulation (allowing the use of evaluative features), the application of the norm taking into account specific circumstances in a particular case may not be possible. The authors also consider issues related to the characteristics of the objective side, the end time of these crimes, the application of the formula of a single ongoing crime and its separation from related compounds. The process of law enforcement is based on such guidelines as the norms of law, judicial discretion, established judicial practice, the position of the Plenum of Russian Supreme Court. Attributing an explanatory role to the decisions of the Plenum of Russian Supreme Court does not completely eliminate the shortcomings inherent in legal technology. Correcting the current situation with the help of judicial discretion is not always justified, since this is possible only if there is a legitimate alternative. Assigning the status of a precedent to a judicial decision may lead to the substitution of the law by decisions taken in a particular case.Conclusions. The judicial practice concerning these issues is completely different. Despite the existence of similar situations, courts, as a rule, qualify an offense using various norms of the law, which negatively affects compliance with the principle of legality. The issue related to the function of the decisions of the Plenum of Russian Supreme Court in the formation of a single vector of judicial practice has been and remains debatable. The continued addition of new articles to criminal legislation, on the one hand, indicates the desire of the legislator to bring it to perfection, but, on the other hand, forms a mechanism for clarifying the rules of its application, which sometimes leads to their contradictory interpretation. At the same time, crime and punishment should be determined only by legislation. ; Раскрываются подходы к роли Пленума Верховного Суда РФ в формировании правовой позиции на примере квалификации преступлений против половой свободы и неприкосновенности, против собственности и здоровья населения. Придание постановлениям Пленума Верховного Суда РФ роли разъясняющего характера редко позволяет устранить дефекты юридической техники. При этом отмечается, что компенсировать сложившуюся ситуацию применением судейского усмотрения не всегда оправданно, так как оно возможно только в рамках наличия законной альтернативы. Присвоение судебному решению прецедентного статуса может привести к подмене закона позицией по конкретному делу. Проведенный анализ свидетельствует о том, что судебная практика по указанным вопросам складывается неоднородно. Суды при наличии схожих ситуаций квалифицируют содеянное с использованием разных норм закона, что отрицательно влияет на соблюдение принципа законности. Делается вывод о том, что нескончаемое дополнение уголовного законодательства новыми статьями, с одной стороны, свидетельствует о желании законодателя довести его до совершенства, но, с другой стороны, запускает механизм разъяснения правил его применения, что иногда приводит к их противоречивой интерпретации.

The purpose of this study is to determine and criticize the regulation of legal protection for creditors in execution of marine mortgage objects in perspective of legislation and regulation of execution of marine mortgage objects guaranteed in banks. In this study, the authors use normative juridical research methods. The approach used is a statutory approach, conceptual approach, and case approach. The results of this research are that the debtor is based on Article 1178 of the Civil Code which focuses on fiat execution (there must be annmainig 1,2,3), while the creditor focuses on Article 224 of the HIR which contains the title of executorial, so this does not provide a guarantee. legal certainty and legal protection for the creditor in getting the accounts receivable paid off from the debtor. Second, the arrangements for the execution of ships as objects of collateral, namely: First, Law Number 17 of 2008 concerning Shipping regulates the process of execution to court through an executorial title, that each mortgage deed is issued one mortgage grosse deed and Article 224 HIR Jo. Article 195 HIR with the lines contained in the mortgage grosse deed, if it is listed for the sake of justice based on supreme Godhead, then the mortgage is attached to the executorial power (executoriale kracht) because the law itself equates it with a judge's decision or justice which has permanent legal force Second, with the Parate Execution process or it can be called auction sale by creditors based on their own power of attorney (eigenmachtige verkoopI). In this Mortgage is based on Article 1178 paragraph (2) KUHPerdata. The conditions for executing Parate Execution are that the power of attorney must be set forth as a clause in the Mortgage deed which contains a statement that the debtor gives the creditor the right or power of attorney to sell the object of the Mortgage goods himself, if the debtor is default with the procedure of selling must remain subject to Article 1211 KUHPerdata, namely the sale must be made in public, and the Creditor requests the assistance of the Auction Office to conduct the auction sale. The third process is an underhand sales process. Abstrak Tujuan dari penelitian ini adalah untuk mengetahui dan mengkritisi pengaturan perlindungan hukum terhadap kreditur dalam eksekusi objek Hipotek kapal laut dalam perspektif peraturan perundang-undangandan pengaturan eksekusi objek Hipotek kapal laut yang di jaminkan di bank.Dalam penelitian ini penulis menggunakan metode penelitian yuridis normatif. Pendekatan yang digunakan adalah pendekatan undang-undang, pendekatan konseptual, dan pendekatan kasus. Adapun hasil dari penelitian ini yaitu bahwa Debitur berpijak pada Pasal 1178 KUHperdata yang bertitik berat kepada fiat eksekusi (harus ada anmainig 1, 2, 3), sementara pihak kreditur bertitik berat pada Pasal 224 HIR yang mengandung titel eksekutorial, sehingga hal tersebut tidak memberikan jaminan kepastian hukum dan perlindungan hokum kepada pihak kreditur dalam mendapatkan pelunasan piutang dari pihak debitur. Kedua, Pengaturan eksekusi kapal laut sebagai obyek jaminan yaitu: Pertama, Undang-Undang Nomor 17 Tahun 2008 Tentang Pelayaran mengatur proses eksekusi ke pengadilan melalui titel eksekutorial, bahwa setiap akta Hipotek diterbitkan satu grosse akta Hipotek dan Pasal 224 HIR Jo. Pasal 195 HIR dengan irah-irah yang terdapat dalam grosse akta Hipotek, apabila tercantum Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa, maka pada Hipotek melekat kekuatan eksekutorial (executoriale kracht) karena undang-undang sendiri mempersamakannya dengan putusan hakim atau keadilan yang berkekuatan hukum tetap. Kedua, dengan proses Parate Eksekusi atau dapat disebut penjualan lelang oleh kreditur berdasarkan kuasa sendiri (eigenmachtige verkoopI). Dalam Hipotek hal ini didasarkan Pasal 1178 ayat (2) BW. Syarat-syarat untuk melakukan Parate Eksekusi adalah dalam kuasa tersebut harus dituangkan sebagai klausul dalam akta Hipotek yang berisi pernyataan, bahwa debitur memberikan hak atau kuasanya kepada kreditur untuk menjual sendiri objek barang Hipotek, apabila debitur cedera janji dengan tata cara penjualan harus tetap tunduk pada Pasal 1211 BW, yaitu penjualan harus dilakukan di muka umum, dan Kreditur meminta bantuan Kantor Lelang untuk melakukan penjualan lelang. Proses yang ketiga adalah proses penjualan di bawah tangan.