Suchergebnisse

In this article, the author discusses the role of children's representation in custody and access cases, and in particular, considers whether the Stobridge case came to a correct determination of the most appropriate role for children's counsel. The three possible modes of child representation are considered: amicus curiae, litigation guardian, and advocate. The role of amicus curiae is rejected because it does not provide the child with an opportunity to be heard, thus defeating the purpose of representation. The role of litigation guardian is rejected on the basis that the guardian does not advocate the child's interests unless they are consistent with that of the guardian. The author concludes that Stobridge was correctly decided, and that the role of children's counsel in a custody or access dispute in which the children are capable of directing counsel should be that of advocate.

The article presents a critical view of the two concepts of the resolution of the conflicts on the territory of Southeastern Europe and particularly on the territory of the former Yugoslavia. They are the American initiative SECI and the European Union's regional initiative. The author finds the American initiative of the cooperation between the states on that territory unrealistic. It means linking the unlinkable (similar to the former COMECON) and serves American Eastern interests and plans. The EU regional initiative is more logical since there is nothing hidden behind it, unlike the SECI.The author thinks that both proposals are unacceptable for Croatia. Croatian interests lie with Western Europe - economic as well as others, particularly political, so EU would do better to forge ties with Croatia. (SOI : PM: S. 3)

This article deals with the history of the Croatian Left in the last 70 years with special emphasis on its role during WWII. The author analyzes the national policy of the Croatian Left toward Croats & Croatia in the second Yugoslav state & highlights numerous positive attempts at solving the Croatian national question. He goes on to point out the difficulties that the Croatian Left had to face in achieving the desired aims. The unsatisfactory solution for the Croatian question in the second Yugoslavia was the cause of constant friction & of the disintegration of the Yugoslav federation. The author is of the opinion that the Croatian leftist parties should not repeat the same mistakes & harbor illusions of a Yugoslav community, which has always been extremely detrimental to Croatian nationalist interests. Adapted from the source document.

SummaryIn the Showlag case, the Privy Council had to decide which of two conflicting foreign judgments it was to enforce, the first-in-time or the last-in-time. The "Cyclops" chapter in James Joyce's Ulysses presents a modernized reenactment of the epic encounter between Odysseus and the cave dwelling one-eyed monster. The author explores the relationship between the legal conflict and the dramatic conflict, together with the judicial resolution and the literary resolution of the problems at hand. The article focuses on the nature of argument as displayed and worked through in the case law and in the novel, and points out the difficulty law has in overcoming intractably conflicting rules. In doing so, the author highlights the struggle in international law between national independence and national submission to law — the voices of sovereignty and the voices of internationalism.

The author analyzes the current trends of the globalization of trade, capital, mass media, communication, transport, tourism and economic migrations. However, there is the backlash to the globalizing processes: cultural particularism which has mobilized traditions and triggered violent outbreaks of hostilities. Political scientist Francis Fukuyama has pointed out that today the key challenges to liberal democracy are a miscellany of particularistic fundamentalism, national extremism, totalitarism and authoritarian paternalism. Samuel Huntington also warns about the dangers of particularism. Within such a framework, the phenomenon of "ethnic cleansing" is only an extreme form of the trend which has marked the 20th century - ethnical homogenization as a reaction to the problems of multiethnic communities. The author is of the opinion that this development need not represent an obstacle for the dialogue and communication among cultures. (SOI : PM: S. 168)

In this text the author elaborates on two central assumptions. The first assumption (based on the comparative survey results from ten postcommunist countries) is that there is a marked positive correlation between the residue of "communist legacy" in people's minds and the electoral success of leftist parties. Since that legacy in Croatia (and Czech Republic) has been weakest, this is going to be an aggravating circumstance for SDP in their struggle for power. The second assumption is that the politics of leftist parties which could come to power is to shuttle between two extremes: the restoration of real socialism in a modified form and the social-democratic model of Sweden or at least Germany. According to the author, the key agents of such politics are "neotraditionalism" and "political capitalism" both inherited from the former system. (SOI : PM: S. 46)

This article deals with the history of the Croatian left in the last seventy years with a special emphasis on its role during World War Two. The author analyzes the national policy of the Croatian left towards Croats and Croatia in the second Yugoslav state and highlights numerous positive attempts at solving the Croatian national question. He goes on to point to the difficulties which the Croatian left had to face in achieving the desired aims. The unsatisfactory solution for the Croatian question in the second Yugoslavia was the cause of constant friction and of the disintegration of the Yugoslav federation. The author is of the opinion that the Croatian leftist parties should not repeat the same mistakes and harbour illusions of a Yugoslav community, which has always been extremely detrimental to the Croatian nationalist interests. (SOI : PM: S. 60)

The significance of the positive political theory is recognized in the text and a special emphasis given to the theory of public choice and the theory of voting. The main reasons for the study of political, particularly electoral processes from the viewpoint of the positive theory are listed. The author further questions certain fundamental postulates of the normative theories of democracy and their unviability. He goes on to analyse the phenomenon of the so called electoral or voting paradoxes and their possible influence on electoral results and, ultimately, on the democratic norms themselves. The existence of the voting paradoxes and their theoretical rationale is considered unequivocal and is mathematically proved. The author also gives a review of the most significant works on voting paradoxes and the theory of public choice. (SOI : PM: S 225)

Have the congressional budget committees' spending targets provided stringent budget constraints for appropriators? That is, are these budget targets below or above the levels that appropriators would have agreed to in the absence of the budget process? The author estimates a model based on appropriations data from before budget reforms were enacted to forecast budget appropriations figures in the postreform era. He then compares these predicted budget figures with actual Budget Committee targets (602[b] suballocations) to assess the degree of budget restraint. The author concludes from the analysis that the budget process has not generally operated as a procedural spending restraint on House appropriators, although the targets have been constraining in the early 1990s and have served a partisan role for congressional Democrats in redirecting spending priorities from defense to domestic nondefense appropriations.

AbstractIn this article the author analyzes comparatively several organizational models which were introduced in a dozen West European countries to address the problem of HIV/AIDS. Analyzing some aspects of the organizational design, the logic of intervention (sectorial or global), the type of actors (public or private) and the type of relations between actors, she elaborates a typology of responses. Three types are identified, presenting unexpected variants in respect to general typologies of the western welfare state. The author also notes that a form of social regulation based on private actors has been adopted in all countries under consideration. These results lead her to the hypothesis that the factors of innovation or modernization in administrations facing the management of such problems are grounded in new forms of collaboration between actors of different legal status.

This article considers one of the many ways in which the state might intervene in the life of a pregnant woman in order to prevent serious harm to the child she intends to bear: requiring a substance-abusing pregnant woman to live in a residential treatment center for the duration of her pregnancy. While the author agrees with those who argue that such state action is unjustifiable, she points out that the facts grounding this normative conclusion may change. Disagreeing with those who contend that, regardless of the circumstances, the state may never interfere with the activities of a pregnant woman in order to prevent harm to her future child, the author considers both the present situation and the most likely future scenario, and offers a compromise solution—civil commitment to an outpatient treatment facility.

After reviewing existing literature on party government, this article identifies the main information gaps regarding this topic. It points out the most important elements that a systematic study on govern ment-party relationships cannot overlook. The underlying question the author asks is who, in fact, governs in modern Western democracies— ruling parties or national executives? To answer this question, the author establishes a series of institutional variables, such as form of government, type of party and electoral system, among others. Next, depending on these characteristics, he constructs a typology on the forms that the government-party relationship can assume in terms of the greater or lesser autonomy of the former vis-à-vis the latter. Most of the study is devoted to suggesting an analytical strategy allowing for a comparative study on the topic.

The author emphasizes the necessity of linking thought & action in order to avoid the dangers of calamitous abstractions of sheer philosophy & sheer politics. Only a tension between philosophy & politics can be fruitful both for philosophy & politics. Jaspers's political writings, the author thinks, are not an appendage of philosophy but its component part. Philosophy is political in itself because it exists & functions solely in freedom. Nevertheless, Jaspers is not an acolyte of Plato's thesis about rulers-philosophers but of Kant's demand that philosophers have the right to speak in public. A man as a man is not only a political but also a philosophical being whose freedom depends on the encounter of philosophy & politics. This does not mean to neglect the fact that philosophers & politicians are faced with a different set of tasks. Adapted from the source document.