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How ancient Stoicism can help teach us to treat others—and ourselves—more fairly and mercifully There are times when we've all felt that we haven't been treated as we deserve—that we've been misjudged, shortchanged, or given a raw deal. And, at one time or another, other people have probably felt that we've treated them just as unfairly. How to Do the Right Thing draws on the principles of ancient Stoicism as articulated by the Roman statesman and philosopher Seneca to help readers better navigate one of the most important practical questions of daily life—how to do right by others.Starting from the virtue of magnanimity—the opposite of small-mindedness—How to Do the Right Thing draws together lessons from Seneca's writings that stress the importance of calm and clear thinking, of judging oneself fairly before judging others, and of cutting people slack, with a bias toward mercy—all delivered in crisp and lively new translations, and with the original Latin on facing pages

Today, the classical underpinnings of American legal education are under intense critical review. The dominant pedagogy, the case book and the Socratic method, were established by Christopher Columbus Langdell (1806-1906) at Harvard Law School more than a century ago. Together with Langdell's first year curriculum, which was exclusively focused on Anglo-American common law doctrine, and his emphasis on a competitive, anonymous graded meritocracy, this system still exercises an incredible grip on elite American law schools. But Langdell's 19th Century model has now been challenged by many rivals, including critical legal studies, law and economics empiricism, global curriculums, and clinical instruction. As is so often the case, Bacon anticipated these major forces of change. In his great De Augmentis Scientiarum (hereafter, De Augmentis), Bacon attacks the narrow parochialism of the common law pedagogy of his day. For at present there are nothing but schools and institutions for multiplying altercations and controversies on points of law, as if for the display of wit. And this evil is also an old one (Spedding ed., V, 108 De Augmentis Aphorism 93). Attacking reliance on decided judicial cases and on the parochial, prevailing common law treatises and pedagogy, Bacon evolved a new system of legal instruction based on empirical observation, distilled into maxims or aphorisms, one that sought true global significance and universal scientific legitimacy. [T]here are certain fountains of natural equity from which spring and flow out the infinite variety of laws which individual legal systems have chosen for themselves. And as veins of water acquire diverse flavors according to the nature of the soil through which they flow, just so in these legal systems natural equity is tinged and stained according to the site of territories, the disposition of peoples, and the nature of commonwealth. It is worthwhile to open and draw out the purer fountains of equity, for from them all amendment of laws in any commonwealth must be sought. The Aphorismi (Neustadt, ed., 273). This paper will set out Bacon's philosophy of legal education, analyze its fundamental pedagogical and doctrinal elements, and examine its lessons for American legal education today. In so doing, it will be necessary to traverse a minefield of controversy. As E.O. Wilson has so powerfully described in his book Consilience: The Unity of Knowledge (1998), Bacon was the grand architect of an enlightenment dream that called for the illumination of the moral and political sciences by the 'torch of analysis.' (Edward O. Wilson, Consilience: The Unity of Knowledge (New York, 1998), p. 23. (Hereafter, Consilience.)) Bacon was also devoted to a belief in a unity of knowledge, relying on the common means of inductive inquiry that might optimally serve all branches of learning. (Consilience, p. 27). In E.O. Wilson's words, Bacon envisioned a disciplined and unified learning as the key to improvement of the human condition. (Consilience, p. 27). But the unity of the modern legal academy has been fragmented into academic specialties and increasingly divorced from the experience of law practice. Post-modern and post-structuralist ideologies have attacked any pretense neutral and objective rule of law that could be taught in a formal, external setting, like mathematics or physics. Increasingly, law, and legal education, are seen as devoid of external truths. In E.O. Wilson's words: In the most extravagant version of this constructionism, there is no 'real' reality, no objective truths external to mental activity, only prevailing versions disseminated by ruling social groups. Nor can ethics be firmly grounded, given that each society creates its own codes for the benefit of the same oppressive forces. (Consilience, p. 40). Hence comes the post-modernist prohibition against universal truth . . . which can have particular force in modern legal pedagogy. Equally important, law practice itself has changed. The three qualities of modern law, described prophetically by Max Weber (1864-1920) and articulated in his great Law and Economy and Society, seem to be coming true. First, the legal ignorance of the layman has increased, as legal rules become more specialized, complex and technical. Most lawyers in modern firms are divided into such specialties, and usually have little or no idea of what their partners and associates actually do. Second, the anti-formalistic tendencies of modern legal development have led courts and tribunals to increasingly depart from objective or universal rules, and to rely instead on economical utilitarian meaning. Finally, there is the lay justice and corporate tendencies in the modern legal profession. Weber adds, The use of jurors and similar lay judges will not suffice to stop the continuous growth of the technical element in the law and hence its character as a specialist's domain. Add to those changes the rapid shrinking of world cultures by improved communications and the welcome, and dramatic, increase in cultural diversity throughout American law schools and American society generally, and it becomes clear that conventional legal pedagogies and curricula will come under great stress. The century old orthodoxy of American legal education could soon be shattered into a hundred unrelated pieces. Can Bacon help us?

Soziale Ungleichheit ist eines jener Phänomene, die zugleich moralische Entrüstung, politisches Engagement und soziale Analyse mobilisieren. Der Diskurs über Ungleichheit bietet verständlicherweise ein Forum dafür, soziale Benachteiligungen und Unterdrückungen zu thematisieren. Das soziologische Theoretisieren über soziale Ungleichheit fügt diesem Ungleichheitsdiskurs nur mehr eines hinzu: nämlich im Rückgriff auf empirische Daten der einen oder anderen Thematisierung wissenschaftliche Legitimation verleihen. Auch der soziologische Diskurs über Ungleichheit entkommt somit nicht der sozialen Funktion des Ungleichheitsdiskurses: nämlich an der Erzeugung kognitiver Repräsentationen sozialer Ungleichheit mitzuarbeiten. Eine soziologische Analyse, die diese Implikation nicht verdrängen will, muss soziale Ungleichheit als ein Deutungsmuster sozialer Realität begreifen und nach seiner Funktion in der sozialen Realität fragen. Eine solche soziologische 'Objektivierung' des Ungleichheitsbegriffs setzt eine theoretische Perspektive voraus, die den Diskurs über soziale Ungleichheit in der sozialen Realität, die ihn produziert, lokalisiert. Ich möchte die These verteidigen, dass der moderne Ungleichheitsdiskurs von kollektiven Erfahrungs- und Wahrnehmungsweisen der sozialen Welt geprägt ist, die mit dem Aufstieg der bürgerlichen Klasse im 18. Jahrhundert entstanden sind und heute von den Mittelklassen dominiert werden. Die aktuelle Konjunktur der Ungleichheitsforschung in der Soziologie (Kreckel 1983) lässt sich so - provokativ formuliert - als Effekt einer "Verkleinbürgerlichung" der Soziologie erklären.

The genesis of the vision for UC Santa Cruz's newest colleges, College Nine and College Ten, dates back to the 1988 Long Range Development Plan (LRDP)[1], which responded both to faculty members who argued that the Social Sciences Division needed academic space in the campus core, and the demographic studies that demonstrated that UCSC would be experiencing rising student enrollments and would need to house more students on campus. The 1988 LRDP thus called for planning two new colleges that would integrate academic and residential facilities. Fast forward to May of 1999, when under the chancellorship of MRC Greenwood and the vice chancellorship of Francisco Hernandez, The Colleges Nine and Ten Planning Advisory Committee issued a report entitled "Opening College IX and X."[2] Among its recommendations were for these two colleges to "continue the tradition of the current UCSC colleges concentrating upon community life and student affairs," while also "being centers of interdisciplinary curricula and courses, intellectual stimulation, research, conferences, and student projects." The proposal was also for these colleges to be affiliated with the Social Sciences Division, as per the 1988 LRDP. The authors of this report also stated, ".we have come to believe that the opening of Colleges IX and X represents a major new opportunity for UC Santa Cruz [which would build] upon the successes and learning from the failures of the past." Embedded in this allusion to the past lies a complex, and often contentious history of UCSC's relationship to its residential college system. In the early 1960s, the colleges were the vision and invention of founding chancellor Dean McHenry and then-University of California President Clark Kerr and were intended to make UCSC "seem small" as it grew because students would live and study in the intimate environment of their themed college. The idea was to combine the advantages of small liberal arts college (such as Swarthmore) with the resources of a major research university. Some of the inspiration also came from Oxford University and other British universities. Faculty were appointed half time in their college and half time in their board of studies, which had less institutional power and resources than a conventional department. Each faculty member was expected to teach both for the college and the board. While college teaching and service yielded a rich plethora of innovative classes and interdisciplinary collaborations that still benefits UCSC today, it was not given much weight by the traditional University of California in tenure decisions. As the relatively affluent and fiscally expansive era of the 1960s faded into the inflation, austerity, and more conservative 1970s that was less open to innovative public education and more interested in job training, UCSC entered a crisis marked by declining enrollment and financial pressures. Dean McHenry had also originally promised the Regents that the UCSC college system would not result in higher costs, but this was not proving to be the case. In addition, after UCSC opened, the funding formula allocated to the UC campuses per student was altered to allocate more money per graduate student than to undergraduates. This had a significant impact on UCSC, which had been founded with a focus on undergraduate education and had very few graduate programs. (The campus has yet to catch up in this area.) By 1974, Dean McHenry retired and was replaced by a chancellor who lacked leadership experience and left after eighteen months. Angus Taylor stepped in as acting chancellor and the search for a new chancellor began. Enter Chancellor Robert Sinsheimer, who arrived from Caltech in 1977 to a campus ringing with rumors that UCSC, which once held the distinction of being one of the most prestigious and attractive campuses in the United States, might be closed for budgetary reasons. Sinsheimer's response (he was educated at MIT to be a problem solver) was to develop and implement Reorganization, a plan which proposed a new vision for the UCSC colleges and ultimately was approved by the Academic Senate. This plan excised most of the academic role of the colleges (with the exception of a freshman core course) and assigned the academic mission of UCSC mostly to the academic divisions. (The exceptions to this plan were Oakes College and College Eight, which retained more of the original model.) The central mission of the colleges became residential life. Faculty members were relieved of curricular obligations to the colleges. Reorganization eliminated the McHenry-Kerr model for the colleges. It was and still is criticized as part of one might call a "narrative of decline" at UCSC, the loss of a unique creative, interdisciplinary vision, a brave new model for undergraduate education in a public university. Even now, forty years later, the pros and cons of Sinsheimer's Reorganization remain a heated topic in many of the oral histories conducted by the Regional History Project with longtime staff and faculty. In an oral history conducted in 2004, Chancellor Greenwood quipped, "Some people call it the third rail of politics at Santa Cruz. If you touch the colleges, you're dead."[3] The writers of the report "Opening Colleges IX and X" acknowledged this sentiment when they wrote, "While we can learn from some parts of the McHenry model, we cannot return to it. It has been rejected by the campus." Instead they call for a third model of how colleges could work at UC Santa Cruz, which they call the Greenwood Model. This model builds on the post-Reorganization college focus on community life and student affairs and "engages faculty members and students in a way that the current colleges do not." The writers were astute not to imply that the existing eight UCSC colleges should adopt this Greenwood Model, arguing instead that the two models could exist side by side. The vision for these two new colleges was soon realized, with the exception of the endowment for the colleges, which the writers of the report emphasized would be important to its success. To this date, these colleges are awaiting endowment. College Nine opened its doors in fall quarter of 2000 and College Ten in fall of 2002. College Nine's webpage articulates its philosophy: "College Nine has worked hard to successfully develop a strong community, build meaningful traditions, and emphasize our theme through co-curricular programming. College Nine's theme of International and Global Perspectives recognizes the importance of cultural competency in the 21st century. The College Nine community offers students a range of opportunities to explore these issues and to develop skills as dynamic leaders. College Ten's website states, "Consistent with UCSC's founding vision, College Ten creates an integrated living-and-learning environment through engaging academic and extracurricular programs focusing on the theme of Social Justice and Community." The two colleges retain a separate identity, but work closely together and share many staff members. This volume documents some of the history of College Nine and College Ten through two oral history interviews: the first with Deana Slater, who has served as college administrative officer for both colleges since their founding and was part of planning the colleges even before they opened; and second with Wendy Baxter, director of academic and co-curricular programs for both colleges, also since before they officially opened. By focusing on the efforts of these two longtime dedicated staff members in founding and building these new UCSC endeavors, we also pay tribute to the sometimes invisible contributions of staff to this enterprise of higher education. In this oral history Slater and Baxter discuss some of the key elements of the structure, philosophy, and programs at Colleges Nine and Ten, including the Co-Curricular Center (The CoCo), the Leadership Certificate Program, the Practical Activism Conference, the International Living Center, Alternative Spring Break and other service learning programs; The Garden Project, and the relationship with the Social Sciences Division. [1] Long Range Development Plan, 1988. Available in the UCSC Library's Special Collections Department. [2] A digital copy of this May 1999 report, "Opening Colleges IX and X" is in the College Nine and Ten University Archives at Special Collections at the UCSC Library. [3] See Randall Jarrell and Irene Reti, From Complex Organisms to A Complex Organization: An Oral History with UCSC Chancellor MRC Greenwood, 1996-2004. (Regional History Project, UCSC Library, 2014). See p. 52 for a discussion of College Nine and College Ten. Available in full text at https://library.ucsc.edu/reg-hist/from-complex-organisms-to-a-complex-organization-an-oral-history-with-ucsc-chancellor-mrc

The genesis of the vision for UC Santa Cruz's newest colleges, College Nine and College Ten, dates back to the 1988 Long Range Development Plan (LRDP) which responded both to faculty members who argued that the Social Sciences Division needed academic space in the campus core, and the demographic studies that demonstrated that UCSC would be experiencing rising student enrollments and would need to house more students on campus. The 1988 LRDP thus called for planning two new colleges that would integrate academic and residential facilities. Fast forward to May of 1999, when under the chancellorship of MRC Greenwood and the vice chancellorship of Francisco Hernandez, The Colleges Nine and Ten Planning Advisory Committee issued a report entitled "Opening College IX and X." Among its recommendations were for these two colleges to "continue the tradition of the current UCSC colleges concentrating upon community life and student affairs," while also "being centers of interdisciplinary curricula and courses, intellectual stimulation, research, conferences, and student projects." The proposal was also for these colleges to be affiliated with the Social Sciences Division, as per the 1988 LRDP. The authors of this report also stated, ".we have come to believe that the opening of Colleges IX and X represents a major new opportunity for UC Santa Cruz [which would build] upon the successes and learning from the failures of the past." Embedded in this allusion to the past lies a complex, and often contentious history of UCSC's relationship to its residential college system. In the early 1960s, the colleges were the vision and invention of founding chancellor Dean McHenry and then-University of California President Clark Kerr and were intended to make UCSC "seem small" as it grew because students would live and study in the intimate environment of their themed college. The idea was to combine the advantages of small liberal arts college (such as Swarthmore) with the resources of a major research university. Some of the inspiration also came from Oxford University and other British universities. Faculty were appointed half time in their college and half time in their board of studies, which had less institutional power and resources than a conventional department. Each faculty member was expected to teach both for the college and the board. While college teaching and service yielded a rich plethora of innovative classes and interdisciplinary collaborations that still benefits UCSC today, it was not given much weight by the traditional University of California in tenure decisions. As the relatively affluent and fiscally expansive era of the 1960s faded into the inflation, austerity, and more conservative 1970s that was less open to innovative public education and more interested in job training, UCSC entered a crisis marked by declining enrollment and financial pressures. Dean McHenry had also originally promised the Regents that the UCSC college system would not result in higher costs, but this was not proving to be the case. In addition, after UCSC opened, the funding formula allocated to the UC campuses per student was altered to allocate more money per graduate student than to undergraduates. This had a significant impact on UCSC, which had been founded with a focus on undergraduate education and had very few graduate programs. (The campus has yet to catch up in this area.) By 1974, Dean McHenry retired and was replaced by a chancellor who lacked leadership experience and left after eighteen months. Angus Taylor stepped in as acting chancellor and the search for a new chancellor began. Enter Chancellor Robert Sinsheimer, who arrived from Caltech in 1977 to a campus ringing with rumors that UCSC, which once held the distinction of being one of the most prestigious and attractive campuses in the United States, might be closed for budgetary reasons. Sinsheimer's response (he was educated at MIT to be a problem solver) was to develop and implement Reorganization, a plan which proposed a new vision for the UCSC colleges and ultimately was approved by the Academic Senate. This plan excised most of the academic role of the colleges (with the exception of a freshman core course) and assigned the academic mission of UCSC mostly to the academic divisions. (The exceptions to this plan were Oakes College and College Eight, which retained more of the original model.) The central mission of the colleges became residential life. Faculty members were relieved of curricular obligations to the colleges. Reorganization eliminated the McHenry-Kerr model for the colleges. It was and still is criticized as part of one might call a "narrative of decline" at UCSC, the loss of a unique creative, interdisciplinary vision, a brave new model for undergraduate education in a public university. Even now, forty years later, the pros and cons of Sinsheimer's Reorganization remain a heated topic in many of the oral histories conducted by the Regional History Project with longtime staff and faculty. In an oral history conducted in 2004, Chancellor Greenwood quipped, "Some people call it the third rail of politics at Santa Cruz. If you touch the colleges, you're dead."[3] The writers of the report "Opening Colleges IX and X" acknowledged this sentiment when they wrote, "While we can learn from some parts of the McHenry model, we cannot return to it. It has been rejected by the campus." Instead they call for a third model of how colleges could work at UC Santa Cruz, which they call the Greenwood Model. This model builds on the post-Reorganization college focus on community life and student affairs and "engages faculty members and students in a way that the current colleges do not." The writers were astute not to imply that the existing eight UCSC colleges should adopt this Greenwood Model, arguing instead that the two models could exist side by side. The vision for these two new colleges was soon realized, with the exception of the endowment for the colleges, which the writers of the report emphasized would be important to its success. To this date, these colleges are awaiting endowment. College Nine opened its doors in fall quarter of 2000 and College Ten in fall of 2002. College Nine's webpage articulates its philosophy: "College Nine has worked hard to successfully develop a strong community, build meaningful traditions, and emphasize our theme through co-curricular programming. College Nine's theme of International and Global Perspectives recognizes the importance of cultural competency in the 21st century. The College Nine community offers students a range of opportunities to explore these issues and to develop skills as dynamic leaders. College Ten's website states, "Consistent with UCSC's founding vision, College Ten creates an integrated living-and-learning environment through engaging academic and extracurricular programs focusing on the theme of Social Justice and Community." The two colleges retain a separate identity, but work closely together and share many staff members. This volume documents some of the history of College Nine and College Ten through two oral history interviews: the first with Deana Slater, who has served as college administrative officer for both colleges since their founding and was part of planning the colleges even before they opened; and second with Wendy Baxter, director of academic and co-curricular programs for both colleges, also since before they officially opened. By focusing on the efforts of these two longtime dedicated staff members in founding and building these new UCSC endeavors, we also pay tribute to the sometimes invisible contributions of staff to this enterprise of higher education. In this oral history Slater and Baxter discuss some of the key elements of the structure, philosophy, and programs at Colleges Nine and Ten, including the Co-Curricular Center (The CoCo), the Leadership Certificate Program, the Practical Activism Conference, the International Living Center, Alternative Spring Break and other service learning programs; The Garden Project, and the relationship with the Social Sciences Division. [1] Long Range Development Plan, 1988. Available in the UCSC Library's Special Collections Department. [2] A digital copy of this May 1999 report, "Opening Colleges IX and X" is in the College Nine and Ten University Archives at Special Collections at the UCSC Library. [3] See Randall Jarrell and Irene Reti, From Complex Organisms to A Complex Organization: An Oral History with UCSC Chancellor MRC Greenwood, 1996-2004. (Regional History Project, UCSC Library, 2014). See p. 52 for a discussion of College Nine and College Ten. Available in full text at https://library.ucsc.edu/reg-hist/from-complex-organisms-to-a-complex-organization-an-oral-history-with-ucsc-chancellor-mrc

In most parts of the world, the political processes have arisen out of social matrix. Tribes, clans, castes, classes have existed around a social organization. Economy, polity, religion, family and kinship networks have operated under a social framework. When Aristotle said that man is a political animal he had in mind the social element. In ancient Greece the political and the social were interdependent. F.D. Coulanges in his study of ancient cities noted that in Greek city states, the political activities of free citizens (who excluded women and slaves) were associated with social and religious duties and obligations. The people who gathered at the public forum participated in city cults which honoured their ancestors and deities and subsequently engaged themselves in political discussion. The Roman cities also had similar cuts which were led by the senators in the presence of citizens. The modern states have treated political work as a formal process which is independent of other factors. At present, the direct participation of people in politics has become a thing of the past. The domestic element has almost vanished due to the rise of representative democracy. J. Habermas has stated that in the post – 17th century Europe the public sphere has disappeared, because the direct participation of people in the city councils has mostly disappeared. Harold Laski, the British thinker, has observed in a cryptic way the today public opinion is neither public nor opinion. In other words, politicians have taken over the functions of public who previously expressed their opinion freely. The Indian society has not only been multi-ethnic but also multi-religious. Indian religions are pantheistic in which the nature is seen as a manifestation of divinity. By contrast of the monotheistic religions of West Asia the divinity was withdrawn from nature and made transcendental. In the Pre-Christian era (at the time of the rise of Jainism and Budhism) there were numerous small-scale republics in the North. We find references to them in the Budhist Jatak tales (composed both Pali and Sanskrit). These small tales had a strong demotic character: 1 Cell phone number: (+91) 80-3240 8782 22 ПОЛИТИКА И РЕЛИГИЈА У САВРЕМЕНОЈ ИНДИЈИ ПОЛИТИКОЛОГИЈА РЕЛИГИЈЕ бр. 1/2013 год VII • POLITICS AND RELIGION • POLITOLOGIE DES RELIGIONS • Nº 1/2013 Vol. VII they elected their rulers mostly on merit; there was widespread participation of people in the political affairs. In 3rd century B.C. Alexander reached the borders of India; this even gave rise to a socio-political ferment. Although Alexander abruptly returned to Macedonia, Chanakya (also known as Kautilya) used the threat of Greek invasion to mobilize the people towards building a central state. He inspired Chandragupta (a warrior) to establish the Mauryan state in eastern India. Thereafter, many such states came up in different parts of India. In spite of their aggressive or despotic tendencies, these large states brought about social stability. By decree they protected the many ethnic groups which were getting absorbed into the caste system. Although the caste system was hierarchic, yet it was based on reciprocal ties. Besides, they laid the foundations for socio-economic development. In the southern peninsula the village councils known as panchayats became highly effective in the rural areas. These panchayats controlled land, fostered community participation in the village affairs and punished the wrong-doers. The southern kings never disturbed their autonomy. In the north also the village panchayat flourished till the 10th century. In the wake of British rule (17th century) these village councils declined. Radhakamal Mukerjee, the Indian sociologist, described them as "democracies of the East". Although many Indians are not educated, they have exercised intelligence in choosing their representative for assembly and parliament. This is largely due to the legacy of the panchayats. The Indian political systems have been traditionally guided by two types of juridical texts. I. The dharmashastras (composed by Manu and others). II. The nitishastras (such as Kautilya's Arthashastra, Shukra's Nitisara and Bhisma's address to the princes in Mahabharata which is known as Shantiparva). The texts of the first type laid down rules for conducting cacred duties, codes of conduct, punishment for transgression. The texts of the second type deal with more mundane matters related to agriculture, irrigation, imports and exports and military organization. It is here that Indian secularism originated. In other words, the rulers protected both sacred and secular pursuits of their subjects. The Indian rulers (Hindu, Budhists and Jaina) followed the same texts in administering justice, conducting warfare against the invaders and maintaining internal peace. Further, the two ancient systems of Indian philosophy – Vaisheshika and Samkhya were highly ratiocinative. They laid the foundations for developments in Indian science. Alburini, the Persian scholar, described in detail India's developments in science, mathematics and astronomy in the 10th century AD. This clearly shows that Indian religions have not opposed science which is a secular activity. The Indian constitution (1951) has not seen any contradiction between religion and secularism. Both types of activities are legitimate in India. All people of India have freedom of worship; only condition is that one religious group should not interfere in the religious life of another group. However, in the recent years the Hindu, Sikh and Muslim militant groups have arisen and disturbed the social POLITICS AND RELIGION IN CONTEMPORARY INDIA 23 C.N. Venugopal , POLITY, RELIGION AND SECULARISM IN INDIA: A STUDY OF INTERRELATIONSHIPS • (pp 21-40) harmony. These tensions and problems will be more fully analyzed in the larger version of this paper.

Раздел "Международные отношения" ; The Faculty of International Relations of the Belarusian State University united all the achievements of the Departments of International Relations (Faculty of History), International Law (Faculty of Law) and International Economic Relations (Faculty of Philosophy and Economics) when it was set up by the order of the Rector of the Belarusian State University on October 1, 1995. Yet, the history of the Faculty may be traced back to September 1992 when the Department of International Relations was created within the Faculty of History of BSU. The first 14 graduates from the Department of International Relations received their Graduation Certificates in June 1995. Ever since, the Faculty has been pursuing an active policy of creating new departments, of bringing together leading specialists in history, economics, foreign policy and diplomacy, law and of developing its technological and material resources. Following the rapid growth of the number of students and staff, the Faculty moved to a separate building at 25, Academicheskaya St. in autumn 1997. Since the start of its work the Faculty has become one of the most prestigious faculties of the Belarusian State University and, further, among the higher education establishments of Belarus. Currently 1it trains over 2000 students for Bachelor and Specialist Degrees and provides master's, post-graduate and doctorate courses for over 50 students. Together with Belarusian citizens about 130 foreign students from 20 countries are trained in the theory and practice of international relations. Highly qualified specialists are trained at the Departments of International Relations, International Public, Private and European Law, International Economics, International Tourism Management, Customs Affairs, Oriental Languages and Country Studies, Modern Foreign Languages and Cultural Studies. The educational process at the Faculty is provided by 16 departments with more than 240 lecturers; among them there are 10 professors, 70 associate professors, holding academic degrees and titles. Besides the faculty, 60 members of staff are involved in administration and in running the computer and multimedia centers of the Faculty. The faculty invites experts and visiting scholars from other faculties and universities, the National Academy of Sciences of Belarus, Ministries and State departments, as well as famous politicians and public figures to hold classes and deliver lectures. The Faculty graduates have proved to be highly skilled specialists. They successfully put the knowledge and skills acquired at the University into practice at the Ministry of Foreign Affairs of the Republic of Belarus and in other bodies dealing with foreign economic and political affairs. Many of them have defended their degree of Candidate of Science and continue their career at the Faculty. The curricula for all specializations of the Faculty envisage intensive studies of foreign languages. At present 6 departments provide training in 16 modern languages. The possibilities for language training trips and sandwich courses are constantly being expanded. Training the practical professional skills of the students during the whole period of study is crucial. The faculty students take their internships at the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Education and other state bodies and organizations, as well as in banks and companies. The faculty is engaged in advanced academic research. During the period from 1998 to 2004 professors and lecturers of the Faculty published 53 monographs; 13 course books, approved and recommended for use by the Ministry of Education; 113 textbooks and manuals, 10 of which were approved and recommended for use by the Ministry of Education; 695 academic papers were also published. In the period from 1998 to 2004 40 Candidate of Science dissertations and 7 Doctor of Science dissertations were defended at the Faculty. The Faculty of International Relations takes part in the implementation of the State Programme on Fundamental Research of the National Academy of Sciences of Belarus. The most significant output of the Faculty research is the publication of the seven-volume collection of documents and materials «The Foreign Policy of Belarus». The Journal of International Law and International Relations is published quarterly. The Faculty is involved in various international projects. Among the most important ones are the following: TEMPUS JEP «Integrating European Studies in International Relations Education» (Department of International Relations); «Strategy of Developing Ecological Tourism on the Territories of Specially Protected Natural Sites», funded by the UN Global Fund (Department of International Tourism). Every year the Faculty organises various academic and research events, such as: the Round-table «Belarusian-Russian Relations: Challenges and Prospects» (starting in 1998); the National conference «Belarus in the Modern World» (starting in 2002); students' conference «Diplomatic Readings» on the Faculty Foundation Day (starting in 2002); «Belarusian International UN Model» (starting in 2003). There are two Councils for the Defense of Doctor of Science and Candidate of Science academic degrees: in History of International Relations and Foreign Policy and in International Law, European Law. The Faculty is involved in a wide international academic network. Among the partner universities are Moscow State University, Kiev State University, Vilnius University, Moscow State Institute of International Relations, Wroclaw University, Free University of Berlin, Vienna Diplomatic Academy, Asser Institute of International Public and Private Law, Beijing University of Linguistics and Culture, Cairo State University and other educational and research institutions of the countries of the CIS, Europe, Asia and America. At present an Agreement on Cooperation with the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation is being worked out. The Faculty representatives take an active part in various international projects and programs, research and teaching methodology training workshops. The Faculty of International Relations is developing successfully. Its faculty, students, and staff would not be content with the results achieved and every year they add new bright pages to its emerging history.

El Ecuador, como país intercultural y plurinacional recoge en su memoria social todas las costumbres, mitos, leyendas y tradiciones que transforman en direccionamientos para el desarrollo del país en todas sus áreas, ya que compila en el Derecho Consuetudinario de los pueblos originarios del Ecuador su forma de actuar, ya hoy en día gracias a la revolución ciudadana, lo podemos socializar y aplicar, mismos que deben ser cumplidos en forma coercitiva porque ese es su modo de vida, que con toda seguridad lo manifiesto, es la base para llegar al Sumak Kausay. El presente trabajo explica en resumen la historia de nuestros pueblos originarios, mismos que para llegar a la vida republicana y la colonización han sufrido un proceso de expansionismo y dominación incaica – española, en su debido orden, para luego entrar en la capitulación por las grandes empresas de conquistas, organizadas técnicamente en Centro América y expandirse hacia América del Sur e ingresar al proceso de formación del amerindio, que en el tránsito de Inca a indio y campesino, ha sufrido discriminaciones en todo sentido, llegando a ocultar toda la sabiduría ancestral que luego fue catalogado como actividades paganas en contra de Dios de acuerdo a la Biblia que nos trajeron del viejo mundo (Vera, 1989) En este proceso, el amerindio pasa por un período de tamizaje en donde se cumplió con el gran objetivo de la conquista; que desaparezca de una vez por todas los rasgos culturales de la cosmología andina, que el runa y la huarmi tengan vergüenza de sus ancestros, sus etnias y culturas; de este modo, terminaron con su vestimenta, culto, creencias, mitos, leyendas y tradiciones (Derecho Consuetudinario). Conscientes estamos que toda la memoria ancestral se resume en el Derecho Consuetudinario de los pueblos originarios del Ecuador, pero no se puede desarrollar, preservar y socializar sino existe un proceso de enseñanza básica para que sea transmitida de generación en generación, caso contrario, toda esa riqueza cultural quedaría en el olvido. Razón por la cual los maestros cumplen un papel importante en el proceso de enseñanza aprendizaje, ya que son los responsables del conocimiento histórico real del antes y el después de las comunidades y pueblos del Ecuador. Para que un docente pueda transmitir los conocimientos ancestrales inéditos a las futuras generaciones, debe dominar la norma y la sociología jurídica ya que nos da la sabiduría y todas las herramientas para hacerlo con eficiencia, efectividad, y eficacia de todos los conocimientos ancestrales en prácticas diarias; es así como, en la vida republicana, hasta la década de los 90 los educadores no podían realizar prácticas educativas reales en forma clara, transparente y cierta, porque los contenidos científicos se basaban sólo en conocimientos extranjeros o currículos de otros países y en el mejor de los casos al catecismo. Es la Sociología Jurídica, la filosofía y el Derecho Consuetudinario especialmente la danza el teatro y los juegos populares las únicas actividades que de una u otra manera utilizan legalmente los educadores para realizar el proceso de enseñanza aprendizaje con saberes ancestrales plasmados en mensajes a través de corografías, obras teatrales y juegos lúdicos o populares. Tanto en el Ecuador como en el resto de América Latina, existe un nuevo escenario político en la cual la: multi-pluri-inter-culturalidad está ganando espacio y legitimidad. Esta nueva coyuntura incluye el reconocimiento por parte de los estados sobre la diversidad étnica y cultural, así también la necesidad de reconocer derechos específicos, colectivos y de la naturaleza, lo que algunos autores llaman el nuevo "constitucionalismo multicultural", que está enfocado en una nueva forma de solución de conflictos, ya sea por la conciliación, mediación, arbitraje, pero principalmente la justicia indígena (Van, 2000) y su relación con la ciudadanía "étnica" "cultural". (Montoya, 2002). Ratifican la aplicación de los Métodos Alternativos y Solución de Conflictos (MASC) mismos que están amparados por la Constitución ecuatoriana en su Artículo 190. Como bien sabemos, a diferencia de otros países de la región, en el Ecuador este reconocimiento oficial es de mayor jerarquía; reflejo y resultado de luchas y demandas del movimiento indígena, de sus procesos de fortalecimiento identitario como actores sociales, políticos y culturales y de su cuestionamiento de los modelos existentes de ciudadanía, democracia, estado y nación liderados por los movimientos indígenas en sus diversas organizaciones de la costa, sierra y oriente. Las demandas de reconocimiento cultural de los pueblos indígenas y pueblos originarios del Ecuador, han puesto en duda la vigencia de un sistema jurídico mono cultural, aun teniendo en cuenta el escenario del multiculturalismo constitucional que recorrió las reformas constitucionales latinoamericanas desde la aprobación del Convenio No. 169 por parte de la Organización Internacional de Trabajo en 1989. En el Ecuador este proceso es primordial y de sumo interés, razón por la cual con la aprobación del referéndum de la nueva Constitución en el 2008, en la que se define como Estado Plurinacional de Derechos, reconociendo la coexistencia de una diversidad de sistemas jurídicos. Los países de la región, como Bolivia y Venezuela, entre otros, han transitado procesos similares, cuestionando la permanencia del denominado monismo jurídico quien plantea que las crisis son una precondición para el surgimiento de nuevas teorías y referentes para la solución de conflictos. El reconocimiento por parte del Estado de los sistemas jurídicos, no implica que las autoridades de los pueblos y nacionalidades indígenas tengan el objetivo de crear algo nuevo, sino el reconocimiento de una realidad histórica de ejercicio de derechos consuetudinarios, que en el marco de la construcción colonial de la dominación estatal fueron invisibilizados, negados y perseguidos, como prácticas al margen de la ley. El pluralismo jurídico no es una "alternativa" del derecho, sino un proceso de construcción de otras formas jurídicas que identifiquen al derecho con los sectores mayoritarios de la sociedad, y de respuestas institucionales a procesos de transición de una sociedad marcada por la colonialidad hacia una construcción social y estatal de carácter intercultural y plurinacional, en donde se compila todas las costumbres, tradiciones, leyendas y mitos ancestrales. Tal como lo plantea (Coutinho, 1990), "un pluralismo de sujetos colectivos fundado en un nuevo desafío: construir una nueva hegemonía que contemple el equilibrio entre el predominio de la voluntad general, sin negar el pluralismo de los intereses particulares". En los últimos cuatro años de vigencia de la nueva carta magna del Ecuador, la coexistencia de la justicia ordinaria y la justicia indígena no ha estado exenta de conflictos respecto de los alcances de la jurisdicción de la administración y justicia indígena, de la adaptación de procesos a los derechos humanos, de los mecanismos de coordinación entre autoridades estatales y autoridades indígenas, entre otros. En ciertos casos se alcanzan situaciones en las que las autoridades comunitarias fueran sometidas a la justicia ordinaria por exceder su jurisdicción (Ref. Caso La Cocha), así como fuertes reclamos por parte de las autoridades comunitarias respecto de la intervención no solicitada de operadores de justicia al margen de sus derechos colectivos. Razón por la cual sociólogos, filósofos e investigadores para dar jerarquía a toda la memoria, filosofía ancestral y la cosmovisión andina, enfocan como Derecho Consuetudinario para llegar al cumplimiento de la armonía comunitaria. ; Ecuador, as an intercultural and multinational country in its social memory, collects all customs, myths, legends and traditions that become the country's means for development in all areas, as compiled in the customary law of the indigenous peoples of Ecuador that nowadays, thanks to the citizen's revolution we can socialize and apply, these should executed as an imperative because that is their way of life, which I can surely say, is the foundation to achieve the Smac Kausay. In this paper we explain in brief the history of our people, whom to reach the republican status and colonization have undergone a process of expansionism and Inca- Spanish domination, thereafter entering the capitulation by the big companies conquests, technically organized in Central America to expand into South America and enter the process of formation of the Amerindian going from Inca to Indian and peasant, has suffered discrimination in every way; thus hiding all ancient wisdom since it was listed as pagan activities against God and the Bible that were brought from the old continent. In this process the Amerindian goes through a period of screening where he meets the great object of conquest, disappearing once and for all the cultural traits of the Andean cosmology, the run and huarmi are ashamed of their ancestors, their ethnicities and cultures; in this way the screening process finished with their costume, religion, beliefs, myths, legends and traditions. It is known that all the ancestral memory is summed up in the customary law of the indigenous peoples of Ecuador, however, it is not possible for it to develop, preserve and socialize, unless through a process of basic education to be transmitted from generation to generation; otherwise, all this cultural richness would be forgotten. This is why teachers play an important role in the teaching-learning process since they are responsible for the actual historical knowledge before and after the communities and people of Ecuador. For a teacher to transmit to future generations unpublished ancestral knowledge, you must 22 master the art, as only art gives us the wisdom and all the tools to do it with efficiency, effectiveness, and expertise of all ancient knowledge in daily practices; the reason being is that during the republican period until the 90s, educators could not make real educational practices in clear, transparent and authentic ways, because scientific contents are based only on foreign expertise or curricula of other countries. Performing arts are especially theater and dance popular games the only activities that one way or another legally used educators for the teaching-learning process with ancestral knowledge embodied in messages through choreographies, plays and recreational or popular games. Both in Ecuador and in the rest of Latin America, there is a new political scenario in which the multi- -inter-culture is gaining ground and legitimacy. This new bias includes the States recognition over ethnic and cultural diversity, and also the need to recognize personal and common rights, as well as those of nature, for which some authors call the new "multicultural constitutionalism." Van Cott (2000) and its relation to the cultural ethnicity. Montoya (2002). In relation to what is the Alternative Dispute Resolution mean (ADR) which are covered by the Constitution in Article 190. As we know, unlike other countries in the region, in Ecuador this official recognition is of major prominence; reflection and result of struggles and demands of the indigenous movement in the processes of strengthening identity and social, political and cultural actors and their questioning of existing models of citizenship; democracy, state and nation led by indigenous movements in their various organizations through the coast, mountains and east. The demand for cultural recognition of indigenous peoples and indigenous people of Ecuador have questioned the validity of a mono cultural legal system, even taking into account the stage of the constitutional multiculturalism that swept Latin American constitutional reforms since the adoption of Convention No. 169 by the International Labor Organization in 1989. In Ecuador this process is essential and of great interest, thus with the approval of the referendum on the new Constitution in 2008, which is defined as multinational State of Rights, recognizing the coexistence of a variety of legal systems in it. The countries of the region such as Bolivia, Venezuela and others, have passed similar processes, questioning the permanence of the so-called legal monism who argues that crises are a precondition for the emergence of new theories and relating to conflict resolution. The recognition by the State of legal systems does not imply that the authorities of the indigenous people and nationalities have the goal of creating something new, but the recognition of a historical reality exercise of customary rights, which under the colonial domination were invisible, denied and persecuted, and practices outside the law. We do not consider the legal pluralism as an "alternative" use of law but as a process of construction of other legal forms identifying the law with the majority sectors of society and institutional responses to processes of transition from a society marked by colonialism moving towards a social state characterized as intercultural and multinational where all the customs, traditions, legends and ancient myths are compiled. As stated by Coutinho (1990), "a pluralism of collective subjects based on a new challenge: to build a new hegemony that considers the balance between the dominance of the general will, without denying the pluralism of individual interests". In the last 4 years of validity of the new Constitution of Ecuador, the coexistence of ordinary justice and indigenous justice, has not been free of conflict over the scope of the jurisdiction of the administration and indigenous justice, the adaptation of cases to human rights, the mechanisms of coordination between state authorities and indigenous leaders, among others. Reaching in some cases, situations where the Community authorities were subjected to regular courts to "exceed" its jurisdiction (Ref. Case La Cocha) and strong complaints from the Community authorities regarding the unsolicited intervention of justice operators regardless of their collective rights. 24 In this research all cultural features of the main communities and indigenous nationalities of the three regions of Ecuador are also being analyzed, which have gone unnoticed in the social context and in the best case, taken as isolated activities, put in practice or socialized in the main festivities of the people. This is the reason for us as educators for basic education, to give all the memory hierarchy, ancient philosophy and the Andean world we take it as customary law to take into action with the community may it be as a voluntary act or coercively. Part of the study of this paper is also to extent the responsibility to the State-Government, to maintain all the values and principles of the ancestral memory and cultural heritage of the indigenous people of Ecuador in an intact and unchanged way, to transmit to future generations; goal which you can achieve only with the education and training of teachers in different areas, but mainly in performing arts ; as well, on how to handle: customs, traditions, ethnic and folk legends, which is part of the standard of living of the indigenous people and peasants, and serves as a relevant issue to the development of basic education curriculum. This research with proposed development schedule was fulfilling the objectives, analyzing the extent to which cultures of indigenous people of Ecuador are present in the teaching of basic education, teacher training, and the level of positioning in the absence the arts, the presence of popular traditions in the curriculum and teacher preparation for teaching and its impact on society, and only then get to know the cultures of indigenous people of Ecuador in basic education. A study on the contribution of arts and popular traditions in the curriculum of basic education to achieve the implementation of the common system of legal pluralism with coarse principles based on Andean philosophy. The methodology, as an instrument for the operationalization of variables and objectives of the research is based on the paradigm of functionalism and constructivism, with field research (indigenous community leaders, members of councils, cultural promoters, educational authorities, elders of the different communities , basic education teachers) as descriptive, bibliographic and documentary scientific contributions in the areas of study, collecting data with the technique of the survey, interview and observation, and tools such as questionnaire. Interview guide and observation sheets, which allowed establishing the relationships between variables and approving the alternative hypothesis. Thus affirm that in our country, knowledge of the cultures of the indigenous people of Ecuador have not been involved, but rather have been marginalized and forgotten, where only basic education devoted to teaching general knowledge and specified in the area of mathematics and language, which is why there is a lack of 80% of the current population, and especially of teachers, both Ecuadorian reality as ethnicities and cultures of our ancestors.

How David Hume and Adam Smith forged a new way of thinking about the modern state. What is the modern state? Conspicuously under theorized in recent political theory, this question persistently animated the best minds of the Enlightenment. Recovering David Hume and Adam Smith's long-underappreciated contributions to the history of political thought, The Opinion of Mankind considers how, following Thomas Hobbes's epochal intervention in the mid-seventeenth century, subsequent thinkers grappled with explaining how the state came into being, what it fundamentally might be, and how it could claim rightful authority over those subject to its power. Hobbes has cast a long shadow over Western political thought, particularly regarding the theory of the state. This book shows how Hume and Smith, the two leading lights of the Scottish Enlightenment, forged an alternative way of thinking about the organization of modern politics. They did this in part by going back to the foundations: rejecting Hobbes's vision of human nature and his arguments about our capacity to form stable societies over time. In turn, this was harnessed to a deep reconceptualization of how to think philosophically about politics in a secular world. The result was an emphasis on the "opinion of mankind," the necessary psychological basis of all political organization. Demonstrating how Hume and Smith broke away from Hobbesian state theory, The Opinion of Mankind also suggests ways in which these thinkers might shape how we think about politics today, and in turn how we might construct better political theory

Die Politische Philosophie erscheint vielen Studierenden der Politikwissenschaft als kompliziert und abstrakt. Dennoch ist die Auseinandersetzung mit ausgewählten philosophischen Fragestellungen für Politologen unverzichtbar, weil sich die grundlegenden Zwecke, Wertbezüge und Widersprüche politischen Handelns ohne philosophisches Nachdenken nicht erschließen. Ausgehend von den Erfordernissen des Studiums führt dieser Band der Reihe "Grundkurs Politikwissenschaft" in zentrale Themen und Texte der Politischen Philosophie ein. Die seit langem in der Lehre tätigen Verfasser machen den Leser vertraut mit den manchmal schwierigen Texten von Platon bis Rawls und befähigen ihn zur eigenständigen Lektüre der zentralen Werke der Politischen Philosophie.

İslamcılık ve demokrasi arasındaki ilişki, İslamcılığın 150 yıllık tarihi boyunca çeşitli biçimlerde gelişmiştir. Aslında İslamcılık dendiğinde tekil bir hareket söz konusu değildir. Türkiye'de İslamcılığın genel olarak beş farklı döneminde söz edilebilir. Dönemlere göre farklı nitelikler arz eden İslamcılık, 1970 sonrasında önemli bir değişim geçirmiş ve önceki dönemlerden siyasallık vurgusu ile ayrışmıştır. Yaşanan bu değişim, İslamcılığın tarihsel sürecinde ele aldığı pek çok konuya da farklı bir bakış açısı getirmiştir. Devlet, toplum, ekonomi, siyaset vs. pek çok konu, 1970 sonrasında oldukça farklı bir çerçevede değerlendirilmiştir. Demokrasi konusu bu süreçte önceki İslamcılardan farklı bir çerçevede ele alınmış ve demokratik yönetimler, Allah'ın egemenliğini insana veren bir şirk rejimleri olarak tanımlamaya başlanmıştır. Ancak süreç içerisinde demokrasiye ilişkin bakış açısı değişmeye başlamıştır. Bugün İslamcıların demokrasiye bakışlarında önemli bir değişim söz konusudur. 1997 de gerçekleşen 28 Şubat darbesi ve akabinde Adalet ve Kalkınma Partisi'nin iktidara gelmesi, İslamcılar ile demokrasi arasında sıcak bir ilişkinin kurulmasına sebep olmuş ve bugün İslamcılar adeta demokrasiyi sahiplenmeye başlamışlardır. Bu noktada çalışma, yaşanan bu büyük değişimi anlamaya ve bu değişime neden olan faktörleri irdelemeyi hedeflemektedir. Görülen en büyük değişim ise demokrasiyi anlama biçiminde yatmaktadır. İslamcılar, demokrasi konusunu iki biçimde algılamıştır: Birincisi bir rejim olarak demokrasi, ikincisi ise bir yönetim mekanizması olarak demokrasi. Yaşanan bu algı değişimi, İslamcıların demokrasiyle kurduğu ilişkinin bugünkü noktaya gelmesini anlaşılabilir kılmaktadır ; The relation between Islamism and democracy has improved various forms since 150 years. Indeed, there is no unique Islamism or Islamist movement. Many different movements from each other define under the concept of Islamism. Islamism in Turkey can separate five periods in general. The first period is the late Ottoman era: between 1850 and 1924. This period also called Ottoman's Islamism. The second period starts with the foundation of Republic of Turkey and finishes in 1950. We can say for this period that interregnum of Islamism. The third period of Islamism in Turkey is the years between 1950 and 1970. In these years, Islamism had owned rightist, statist, and nationalist reflexes. The fourth period of Islamism is the years between 1970 and 1997. This period's Islamism can be named pure Islamism or political Islamism and thus it has a powerful political emphasis. The fifth and last period of Islamism has started with the February 28 coup in 1997 and it still goes on. Islamism, exhibiting different characteristics according to the period, has undergone significant changes after 1970. Different from its previous period, Islamism has turned into a movement highlighting tawhid and emphasizing political dimensions. This changing started along with translating some texts from Islamic movements' and their leaders in other countries like Egypt and Pakistan to Turkish in 1960s and 1970s. Islamists has brought different perspectives in a lot of topics such as state, society, economy, politics etc. These issues have been evaluated in a quite different context of post-1970. For instance, the perception of state has undergone a radically change during this period. Previous Islamists was owned the state. But for the latter Islamist, state is defined as a disbelievers (kafir) formation which should be islamization. An Islamic state definition is made and it was described in detail that how it should be. With state issues, democracy issues also were discussed in a different context from the previous Islamists in the process and democratic governments have begun to describe as a shirk regime (polytheism) that the sovereignty belongs to Allah gives people. But the outlook for democracy has started to change in the process. In fact, discussions about democracy between Islamists have shaped in two different definitions. The first group's definition of democracy is a way of life or an ideology or a philosophy of life. The Group who see democracy as incompatible with Islam prefers this definitions. The second definition is that democracy is a management mechanism independent from ideology. According to this approach, democracy is a tool that can be used as a means to an Islamic government. Especially after 1980s, this second definition related to democracy began to embrace in Islamists. In fact, democracy is quite a controversial issue in itself. There is no only one definition of democracy. If we seek the literature of democracy, we can see a lot of its definitions, models and applications. Moreover, current The relation between Islamism and democracy has improved various forms since 150 years. Indeed, there is no unique Islamism or Islamist movement. Many different movements from each other define under the concept of Islamism. Islamism in Turkey can separate five periods in general. The first period is the late Ottoman era: between 1850 and 1924. This period also called Ottoman's Islamism. The second period starts with the foundation of Republic of Turkey and finishes in 1950. We can say for this period that interregnum of Islamism. The third period of Islamism in Turkey is the years between 1950 and 1970. In these years, Islamism had owned rightist, statist, and nationalist reflexes. The fourth period of Islamism is the years between 1970 and 1997. This period's Islamism can be named pure Islamism or political Islamism and thus it has a powerful political emphasis. The fifth and last period of Islamism has started with the February 28 coup in 1997 and it still goes on. Islamism, exhibiting different characteristics according to the period, has undergone significant changes after 1970. Different from its previous period, Islamism has turned into a movement highlighting tawhid and emphasizing political dimensions. This changing started along with translating some texts from Islamic movements' and their leaders in other countries like Egypt and Pakistan to Turkish in 1960s and 1970s. Islamists has brought different perspectives in a lot of topics such as state, society, economy, politics etc. These issues have been evaluated in a quite different context of post-1970. For instance, the perception of state has undergone a radically change during this period. Previous Islamists was owned the state. But for the latter Islamist, state is defined as a disbelievers (kafir) formation which should be islamization. An Islamic state definition is made and it was described in detail that how it should be. With state issues, democracy issues also were discussed in a different context from the previous Islamists in the process and democratic governments have begun to describe as a shirk regime (polytheism) that the sovereignty belongs to Allah gives people. But the outlook for democracy has started to change in the process. In fact, discussions about democracy between Islamists have shaped in two different definitions. The first group's definition of democracy is a way of life or an ideology or a philosophy of life. The Group who see democracy as incompatible with Islam prefers this definitions. The second definition is that democracy is a management mechanism independent from ideology. According to this approach, democracy is a tool that can be used as a means to an Islamic government. Especially after 1980s, this second definition related to democracy began to embrace in Islamists. In fact, democracy is quite a controversial issue in itself. There is no only one definition of democracy. If we seek the literature of democracy, we can see a lot of its definitions, models and applications. Moreover, current The relation between Islamism and democracy has improved various forms since 150 years. Indeed, there is no unique Islamism or Islamist movement. Many different movements from each other define under the concept of Islamism. Islamism in Turkey can separate five periods in general. The first period is the late Ottoman era: between 1850 and 1924. This period also called Ottoman's Islamism. The second period starts with the foundation of Republic of Turkey and finishes in 1950. We can say for this period that interregnum of Islamism. The third period of Islamism in Turkey is the years between 1950 and 1970. In these years, Islamism had owned rightist, statist, and nationalist reflexes. The fourth period of Islamism is the years between 1970 and 1997. This period's Islamism can be named pure Islamism or political Islamism and thus it has a powerful political emphasis. The fifth and last period of Islamism has started with the February 28 coup in 1997 and it still goes on. Islamism, exhibiting different characteristics according to the period, has undergone significant changes after 1970. Different from its previous period, Islamism has turned into a movement highlighting tawhid and emphasizing political dimensions. This changing started along with translating some texts from Islamic movements' and their leaders in other countries like Egypt and Pakistan to Turkish in 1960s and 1970s. Islamists has brought different perspectives in a lot of topics such as state, society, economy, politics etc. These issues have been evaluated in a quite different context of post-1970. For instance, the perception of state has undergone a radically change during this period. Previous Islamists was owned the state. But for the latter Islamist, state is defined as a disbelievers (kafir) formation which should be islamization. An Islamic state definition is made and it was described in detail that how it should be. With state issues, democracy issues also were discussed in a different context from the previous Islamists in the process and democratic governments have begun to describe as a shirk regime (polytheism) that the sovereignty belongs to Allah gives people. But the outlook for democracy has started to change in the process. In fact, discussions about democracy between Islamists have shaped in two different definitions. The first group's definition of democracy is a way of life or an ideology or a philosophy of life. The Group who see democracy as incompatible with Islam prefers this definitions. The second definition is that democracy is a management mechanism independent from ideology. According to this approach, democracy is a tool that can be used as a means to an Islamic government. Especially after 1980s, this second definition related to democracy began to embrace in Islamists. In fact, democracy is quite a controversial issue in itself. There is no only one definition of democracy. If we seek the literature of democracy, we can see a lot of its definitions, models and applications. Moreover, current The relation between Islamism and democracy has improved various forms since 150 years. Indeed, there is no unique Islamism or Islamist movement. Many different movements from each other define under the concept of Islamism. Islamism in Turkey can separate five periods in general. The first period is the late Ottoman era: between 1850 and 1924. This period also called Ottoman's Islamism. The second period starts with the foundation of Republic of Turkey and finishes in 1950. We can say for this period that interregnum of Islamism. The third period of Islamism in Turkey is the years between 1950 and 1970. In these years, Islamism had owned rightist, statist, and nationalist reflexes. The fourth period of Islamism is the years between 1970 and 1997. This period's Islamism can be named pure Islamism or political Islamism and thus it has a powerful political emphasis. The fifth and last period of Islamism has started with the February 28 coup in 1997 and it still goes on. Islamism, exhibiting different characteristics according to the period, has undergone significant changes after 1970. Different from its previous period, Islamism has turned into a movement highlighting tawhid and emphasizing political dimensions. This changing started along with translating some texts from Islamic movements' and their leaders in other countries like Egypt and Pakistan to Turkish in 1960s and 1970s. Islamists has brought different perspectives in a lot of topics such as state, society, economy, politics etc. These issues have been evaluated in a quite different context of post-1970. For instance, the perception of state has undergone a radically change during this period. Previous Islamists was owned the state. But for the latter Islamist, state is defined as a disbelievers (kafir) formation which should be islamization. An Islamic state definition is made and it was described in detail that how it should be. With state issues, democracy issues also were discussed in a different context from the previous Islamists in the process and democratic governments have begun to describe as a shirk regime (polytheism) that the sovereignty belongs to Allah gives people. But the outlook for democracy has started to change in the process. In fact, discussions about democracy between Islamists have shaped in two different definitions. The first group's definition of democracy is a way of life or an ideology or a philosophy of life. The Group who see democracy as incompatible with Islam prefers this definitions. The second definition is that democracy is a management mechanism independent from ideology. According to this approach, democracy is a tool that can be used as a means to an Islamic government. Especially after 1980s, this second definition related to democracy began to embrace in Islamists. In fact, democracy is quite a controversial issue in itself. There is no only one definition of democracy. If we seek the literature of democracy, we can see a lot of its definitions, models and applications. Moreover, current practices related to democracy have criticized and it has found a widespread debate in the search for new models recently. But for Islamists, these broad debates about democracy literature have taken into brackets and neglected. They have been moving out only these two definitions of democracy. The Islamists view for democracy can be summarized in three manners from the 1970s until today. On first manner, democracy takes away the sovereignty of God and gives to human. For Islam, this means polytheism that is, to ascribe partners to Allah. So, from this perspective, democracy is full of opposite of Islam and a Muslim cannot give confirmation to democracy. The Second manner refers to a point of view not as hard as the previous approach to democracy. They do not believe in democracy as a principle or as an ideal form of government. But they think that democracy is a tool for reaching the ideal form of Islamic rule. The third approach is ownership of democracy but this situation doesn't reflect to Islamist discourse clearly. This discourse of democracy has constituted after February 28 process to struggle for existence. Today, there is a significant change the perception of democracy in Islamists. February 28 coup and the subsequently coming to power of the Justice and Development Party led to the establishment of a warm relationship between democracy and Islamists. Islamists have begun to embrace nearly democracy today. After the coup of February 28, democracy has been an existential ground for Islamists. From this point, the coup did not reduce the belief in democracy for Islamist; on the contrary, it increased. However, this ownership to democracy begun to bring some important problems for Islamist. Islamists have begun to lose their very lively thought climate especially in 1990s and they have faced with the danger of losing their claims to offer an alternative from their original source. At this point, the article aims to understand chancing in Islamists in particular of democracy. it appears that the biggest change lies on to understand of democracy.

The Council for the Development of Social Science Research in Africa (CODESRIA) learned with immense shock and sadness of the passing on of Professor Samir Amin on Sunday, 12th August 2018. Subsequently, Prof. Samir Amin's body was interned at Père Lachaise in Paris on 1st September 2018 at a site provided by the French Communist Party. The Council was represented at the burial by Prof. Fatow Sow and Dr. Cherif Sy; two members of the CODESRIA community who have worked with Samir Amin for a while.
For CODESRIA, this marks nothing less than the end of an era in the history of African social research given the many pioneering roles the late Professor Amin played as a scholar, teacher, mentor, friend, and revolutionary. Samir was many things to us as a Council; for the younger members of the community, it meant much more to be in his company at the numerous CODESRIA meeting he attended. A model for three generations of African and, indeed, radical scholars globally, Samir was that giant Baobab tree whose grandeur of intellect and spirit made him a worthy role model. While serving as Director of the United Nations African Institute for Economic Development and Planning (IDEP), he hosted the initial scaffolding of the CODESRIA at IDEP, brought together and nurtured new talent that laid the foundations which launched Council on a path of growth and resilience to what it is to-date. As the final note on his reflections contained in this Bulletin illustrates, while serving as CODESRIA's founding Executive Secretary, Samir worked very closely with Abdalla Bujra and later Thandika Mkandawire, to shape the initial years of CODESRIA's intellectual identity and trajectory.
After CODESRIA relocated from the premises of IDEP to a new home in the Fann Residence part of Dakar, Samir Amin remained engaged with Council and its community of scholars, participating actively and effectively in all its activities. This 15th General Assembly of CODESRIA is perhaps the first Assembly without Samir Amin presence. In all previous General Assemblies, Samir has been a notable presence even giving the Cheikh Anta Diop Lecture at the 10 Assembly in Kampala, Uganda. It is at the General Assembly that many young academics interacted with Samir, often for the first time and indeed experiencing the awe of his presence. Though Samir is absent at the current Assembly, there is no doubt that his intellectual and revolutionary spirit is definitely present just as the thoughts and ideas that he shared so generously and to the very end will continue to inspire reflection and debate.
Samir Amin's intellectual journey was a long and illustrious one. It was a journey marked by commitments that distinguished him as a scholar of unparalleled convictions. He died still an unapologetic socialist academic or, as the title of his memoir reads, 'an independent Marxist' whose work was driven by an unshakeable conviction to confront and oppose totalizing economic orthodoxies. He treated this confrontation and opposition as a prelude to social transformation. He was steadfast in his belief that the world must shift away from capitalism and strive to build new 'post-capitalist' societies. He described capitalism as a small bracket in the long history of human civilization. His works identify and record the multiple crises of capitalism, a system he described as senile and obsolete. In its place, Samir Amin formulated a political alternative that he envisioned would proceed by i) socializing the ownership of monopolies, ii). definancializing the management of the economy and iii) deglobalising international relations [cited in Campbell, 2015: 286]. For him, these three directions provided the basis of an active politics of dismantling capitalism; a politics he committed his skill and energy mobilizing for. Even as he grew older, he mustered fresh bursts of energy to continue the struggle and to the very last days when he was in Dakar, he was apart of the team of scholar/ activists gathered together by International ENDA Third World Network to draft the Alternative Report on Africa (Dakar, 2018). CODESRIA was apart of this process and the Report will by shared at this General Assembly.
Many of Samir Amin's writings make the point repeatedly on the urgent necessity to dismantle the 'obsolete system' known as capitalism. However, none was as emphatic in rethinking the underlying cultural underpinning of the 'obsolete system' like Eurocentricism. In that engaging publication, he provided a rggesounding critique of world history as is centered around Eurocentric modernity and invites us to understand modernity as an incomplete process that, to survive its current crises, will need 'economic, social and political reconstruction of all societies in the world.' Embedded in this argument is a long held position about the importance of the Bandung moment (1955) as a moment of an alternative globalization based on Afro-Asian solidarity. It is from this perspective that one understands why Samir Amin emphasized the importance of China [see tribute by Sit Tsui and Yan Xiaohui in this bulletin]. Afro-Asian solidarity was the basis upon which Samir Amin located his alternative politics which also defined his towering global outlook and presence.
There is no doubt that Samir Amin's intellectual presence was defined by depth of knowledge, complexity of thought and fidelity to Marxist organising principles. There is no way of summarizing the corpus of work he produced, the revolutionary engagements he undertook and the transformative potential that led him to remain steadfast even when many others were only too happy to find a good reason to backtrack and conform. His work is enormous in volume but also in the depth of its knowledge and relevance to society. He provoked and joined debates across the globe but more importantly with comrades in Latin America and Asia, those of the dependency and underdevelopment school but also later from a South-South perspective. In CODESRIA's flagship journal Africa Development alone, Samir Amin published twenty articles. A biodata document he shared with the Council has 24 books in English and 41 in French. He is published in English, French, Arabic, Italian, Portuguese, and Spanish to name but these few languages. In all these publications and in the various languages, Samir Amin articulated his belief in alternatives, and as indicated above, this belief remained strong even to the last month of his life on earth.
Born to an Egyptian father and French mother on 3rd September 1931 in Cairo, Egypt, Samir Amin's convictions owe much to the context of his childhood all the way from Port Said in northern Egypt to Cairo where he schooled. He spent his early life in Egypt where he attended his formative schooling before proceeding to France to pursue higher education at Institut d'Etudes Politiques de Paris ("Sciences Po"). Here, he earned a diploma in 1952 and later a PhD in 1957 at the Sorbonne. Samir later earned another diploma in mathematical statistics from L'institut national de la statistique et des etudes economiques. He had always been interested in radical thought and action from early on, noting in an interview that he already considered himself a communist in Secondary School. Even though he and his cohort did not know what communism really meant in their early childhood, they assumed it meant "equality between human beings and between nations, and it meant that this has been done by the Russian revolution." It is not surprising that with this pedigree, Samir Amin focused in his graduate research on "The origins of underdevelopment – capitalist accumulation on a world scale" and emphasized in his work that underdevelopment in the periphery was, in large measure, due to the working of the capitalist system. He consequently underscored the need to search for socialist alternatives to liberal globalisation.
Samir Amin returned to Cairo in 1957, worked briefly in Gamal Abdel Nasser's Institute for Economic Management (1957–1960) before heading to work as an adviser in the Ministry of Planning in Mali (1960- 1963). Subsequently, Samir Amin's intellectual life became largely internationalist in orientation, and anchored principally on the question of accumulation as key to understanding underdevelopment. He maintained the sojourn between France where he took up a Professorship in 1966 and Dakar, Senegal his adopted home where he worked for ten years, from 1970 to 1980 at IDEP. Later in 1980, he founded the Third World Forum, originally hosted at the CODESRIA Secretariat, and lent his considerable weight to the institutionalisation of ENDA and the World Forum for Alternatives. His support for revolutionary politics is marked not just in the books and papers he published but also in the lecture circuit where he spoke to audiences about the undeniable relevance of radical politics.
Samir Amin's thinking was in large measure defined by the solidarity built around the Bandung Confer- ence of 1955. This remained a critical touchstone in his work in which non-western civilisations and his- tories played an important role. Bandung, for him, inaugurated a different pattern of globalisation, the one he called 'negotiated globalisation.' Though not asufficientbasisforcomplete"de-linking"from'ob- solescent capitalism', Samir Amin saw in Afro-Asian solidarity possibilities and pathways to that delinking; the process, as he explained, by which you submit "ex- ternal relations to the needs of internal progressive so- cial changes and targets." The notion of 'delinking' oc- cupied a major place in Samir Amin's thinking and is positioned in contrast to 'adjustment' that was the pre- ferred approach of the Bretton Woods Institutions. As Mamdani shows elsewhere in this Bulletin, there are major problematic elements of this notion that Samir Amin continued to grapple with. But ultimately, Samir Amin noted that delinking is in fact a process that, de- pending on the societies implementing it, can be used to install graduated level of autonomous development instead of countries in the periphery remaining locked into and merely adjusting to the trends set by a funda- mentally unequal capitalist system.
In Samir Amin, we found the true meaning of praxis; a thinker who insisted that his work has immediate relevance to society. His departure deprives us of the practical energy he brought to our meetings and debates; and denies radical thinkers a model around whom they found the compass that enabled them to navigate the treacherous, indeed murderous, waters of capitalism. We however are lucky to have lived in his company, to have learned from his fountain of knowledge and to have shared in the passion of his convictions. The Council plans to invigorate the value of his legacy by celebrating him during this 15th General Assembly but also beyond the confines of the Assembly.
Thus, this edition of the Bulletin contains two intertwined sets of essays; all organised around Samir Amin. In the one instance, we have a selection of messages in his memory. One the other, we have a selection of essays he authored. Separately, we will re-publish all the essays he published in Africa Development in a special issue of the journal to provide them in one collection for posterity. But whichever way, and as his own reflection in the essay published in this volume and his memoirs show, CODESRIA is an inheritance that Samir Amin bequeathed the African social science community. As such, it is fitting that the Bulletin designed for the 15th CODESRIA General Assembly is also a Bulletin that publishes essays in his honour.
The choice of theme for the General Assembly predates the passing on of Samir Amin. But the theme itself is one that was dear to Samir Amin. It is our pleasure therefore to present the essays contained here as essays that shed light on a life lived fully but also that open up a space to explore the unfulfilled promises of globalisation. We hope that at the end of it, this will be a fitting study in honour of our departed icon but also a commentary on the key issues the 15th General Assembly explored.

[spa] Es comúnmente apreciado que el TJUE, junto con los tribunales nacionales, es un importante motor de la integración y constitucionalización de la UE. Este proceso plantea diversos problemas teóricos y prácticos, por lo que necesita una conceptualización cuidadosa para evitar su abuso y reforzar sus potenciales. En el artículo, el papel y la legitimidad de la creación judicial se analizarán en consideración al impacto del "principio de efectividad" en derecho privado a nivel Europeo y nacional. De hecho, de una parte, los jueces están llamados a reforzar el derecho europeo mediante intervenciones negativas y positivas; de otra, están limitados por los principios de separación de poderes, división de competencias, legalidad e igualdad, a menudo en conflicto con los mencionados deberes, quedando entre la espada y la pared. Tal dilema será resuelto indagando por el significado y objetivo del "principio de efectividad", para identificar: (i) en qué condiciones el uso por parte del TJUE puede considerarse legítimo; (ii) en qué medida los jueces nacionales deben aplicarlo, contribuyendo a su realización, en disputas que involucren a sujetos privados. Con este fin, se establecerán dos objetivos preliminares: (a) comprender el significado y la fuerza normativa del "principio de efectividad" en el derecho europeo, y si difiere respecto de la jurisprudencia de los tribunales nacionales; (b) analizar el impacto del derecho a un recurso efectivo (Artículo 47 Carta De Los Derechos Fundamentales de la UE) en disputas horizontales. Partiendo de la metodología ofrecida por la filosofía del lenguaje, el artículo analiza las principales especificidades de la efectividad en la jurisprudencia del TJUE –"efectividad del derecho europeo" y "efectividad de la protección judicial"–, y, de manera crítica, afirma la coherencia y ajuste institucional de cada "Sprachgebrauch", así como sus interacciones. Sucesivamente, el artículo re-conceptualiza la efectividad como un "argumento" que, al ser esencialmente indeterminado, puede ser fácilmente mal utilizado. Mi hipótesis es que a través de una serie de manipulaciones argumentativas, el Tribunal expande sus competencias contra los Estados miembros y otras instituciones de la UE, para fomentar la integración en áreas constitucionalmente sensibles, también mediante la adjudicación de leyes privadas. Este proceso puede ser enmarcado críticamente: según el principio democrático, tal práctica puede aceptarse cuando está legitimada por un consenso preexistente, pero puede ser menos aceptable cuando se necesita una nueva adhesión, configurando un debilitamiento progresivo de la unión política. De acuerdo con una teoría de la justicia en asuntos de derecho privado, las condiciones de legitimidad de tal proceso de creación judicial deben ser re-conceptualizadas, cuestionando así la dimensión regulatoria no restringida atribuida a los casos horizontales en la jurisprudencia del TJUE. En fin, los resultados serán utilizados para evaluar el impacto del principio de efectividad en el derecho privado nacional, así como para guiar su desarrollo en los tribunales nacionales, sugiriendo que los jueces deben desempeñar un papel fuerte y proactivo en su diálogo con el TJUE, obligando a este último a suponer y ponderar más sus decisiones, a fin de abrir nuevos espacios en el proceso deliberativo sobre el proyecto de la UE. ; [eng] It is commonly appreciated that the CJEU, together with national courts, constitute a main driver of the EU integration and Constitutionalization. This process raises various theoretical and practical problems, thus needing careful conceptualization to avoid abuse and reinforce its potentials. This paper analyzes the role and legitimacy of judicial law-making by addressing the impact of the «principle of effectiveness» on private law adjudication at European and national level. Indeed, on the one hand, judges are called to enforce EU law, both through negative and positive interventions; on the other hand, they are constrained by the principles of separation of powers, division of competences, rule of law and equality – often clashing with said duties –, sitting between a rock and a hard stone. Such dilemma shall be addressed by inquiring the meaning and scope of the «principle of effectiveness», to identify: (i) under which conditions its use by the CJEU may be deemed legitimate; (ii) to what extent national judges shall apply it, contributing to its realization, in disputes involving private parties. To this end, two preliminary goals shall be set: (a) understanding the meaning and normative force of the «principle of effectiveness» in EU law, and whether they differ from their national courts' understanding; (b) analyzing the impact of the right to an effective remedy (art. 47 EUCFR) in horizontal disputes. By relying on the methodology offered by the philosophy of language, the paper analyzes the two major specifications of effectiveness in the CJEU case law – «effectiveness of EU law» and «effectiveness of judicial protection» –, and critically assesses the coherence and institutional fit of each "Sprachgebrauch", as well as their interactions. It then re-conceptualizes effectiveness as an «argument» which, being essentially indeterminate, may be easily misused. My hypothesis is that through a series of argumentative twist and turns, the Court expands its competences against MSs and other EU Institutions, to foster integration in constitutionally sensitive areas, also trough private law adjudication. This process shall be critically framed: according to the principle of democracy, such practice may be accepted when sustained by a pre-existing consensus, but might be less acceptable when new adhesion is needed, in the long run weakening the political Union; according to a theory of justice in private law matters, the conditions of legitimacy of such judicial law-making need to be re-conceptualized, thus questioning the unconstrained regulatory dimension attributed to horizontal cases in the CJEU case law. The results is finally used to evaluate the impact of the principle of effectiveness on national private law, as well as to guide its deployment by domestic courts, suggesting that judges shall perform a strong and pro-active role in their dialogue with the CJEU, forcing the latter to second-guess and further weighting its decisions, to open up new deliberative spaces in the EU project.

El presente artículo analiza la aplicación de la condicionalidad en
el Mecanismo Europeo de Estabilidad (MEDE) desde la perspectiva de los derechos
fundamentales reconocidos en el ámbito de la Unión Europea. A tal efecto,
se toman como referencia las posiciones doctrinales que han venido defendiendo
la aplicación de los convenios internacionales en materia de derechos humanos
como límite a la condicionalidad introducida por el FMI y otras instituciones financieras
internacionales en sus operaciones con los países en desarrollo. Los organismos
creados en el ámbito de la Unión Europea para dar respuesta a la crisis de
la Deuda pública de 2009-10, y de modo singular el MEDE, organismo creado para
garantizar la estabilidad de la zona euro, han introducido, sin embargo, la condicionalidad
como un elemento estructural en sus operaciones, con una filosofía
parecida a la del FMI, es decir, conseguir el crecimiento económico a partir de la
austeridad, con lo que se ha visto perjudicado el ejercicio de diversos derechos
fundamentales. Ello plantea la cuestión de la compatibilidad de tales políticas con los objetivos y principios de la Unión Europea, definida en su día como «Comunidad
de Derecho» y fundada sobre los valores de los derechos humanos.
La primera ¿y temprana¿ sentencia dictada al respecto por el Tribunal de
Justicia (sentencia Pringle) dejó, sin embargo, en el aire la cuestión de la compatibilidad
de la condicionalidad del MEDE con los objetivos y principios de la Unión
Europea y el respeto de los derechos humanos. Parece, no obstante, que este criterio
tiende a modificarse a partir del reciente fallo en Ledra Advertising, que ha
abierto la puerta a invocar el derecho de propiedad para ser indemnizado por los
daños causados por la aplicación de la condicionalidad. Con todo, será a partir de
la transformación del MEDE en el Fondo Monetario Europeo, si éste se constituye
como institución comunitaria, como puede hacerse efectiva la invocación de los
derechos fundamentales para frenar o mitigar los efectos perjudiciales de la condicionalidad.
Más aún, el control judicial de la condicionalidad en el FME podría
servir como referente para otras instituciones financieras internacionales.
Egonkortasuneko Mekanismo Europarrean (EME) baldintzapena
nola aplikatzen den aztertuko dugu artikulu honetan, Europar Batasunaren esparruan
aitortuta dauden oinarrizko eskubideen ikuspegitik. Horretarako, giza eskubideen
alorrean nazioarteko hitzarmenak aplikatzearen alde egin duten jarrera doktrinalak
hartu dira erreferentziatzat, Nazioarteko Diru Funtsak (NDF) eta nazioarteko
beste finantza-erakunde batzuek garapen bidean diren herrialdeekiko operazioetan
txertatu duten baldintzapenari muga jartzeko. Europar Batasunaren eremuan
2009-2010 urteetako zor publikoaren krisiari erantzuna emateko sortu diren organismoek
eta, batez ere, EMEk (euro eremuan egonkortasuna ziurtatzeko organismoak,)
ordea, egiturazko elementu gisa sartu dute baldintzapena haien operazioetan,
NDFaren antzeko filosofia hartuta, hau da, zuhurtziaren bitartez lortu nahi dute
hazkunde ekonomikoa, eta, horren ondorioz, oinarrizko eskubide batzuk ezin izan
dira behar bezala gauzatu. Horrek mahai gainean jartzen du kontu bat, ea politika
horiek bateragarri ote diren Europar Batasunaren helburu eta printzipioekin; hasiera
batean «zuzenbidezko komunitatea» esamoldeaz definitu baitzuten EB, eta
giza eskubideetan oinarrituta eraiki.
Justizia Auzitegiak horri buruz idatzi zuen lehenengo epai ¿goiztiarrak¿ (Pringle
epaiak), ordea, ez zuen zehaztu EMEren baldintzapenak Europar Batasunaren
xede eta printzipioekin eta giza eskubideekiko errespetuarekin bat egiten ote duen.
Hala ere, badirudi irizpide hori aldatzen ari dela, Ledra Advertising-en duela gutxi
eman den epaiaren harira; izan ere, jabetzarako eskubideari dei egiteko atea
ireki du, baldintzapena ezartzearen ondorioz eragindako kalteengatiko ordaina
eskatzeari dagokionez. Hortaz, EME Europako Diru Funtsean eraldatuta bakarrik
heldu ahalko zaie oinarrizko eskubideei, EME erkideko erakunde gisa eratzen bada,
baldintzapenaren ondorio kaltegarriak geldiarazteari edo arintzeari begira. Are
gehiago, Europako Diru Funtsean baldintzapena judizialki kontrolatzea erreferentea
izan liteke nazioarteko beste finantza-erakunde batzuentzat.
This article analyses the application of conditionality within the
European Stability Mechanism (ESM) from the perspective of the fundamental
rights recognized within the EU. To this end, we take as a reference the doctrinal
positions that have been defending the application of international conventions
on human rights as a limit to the conditionality introduced by the IMF and another
financial international institutions in their operations with developing countries.
The public agencies created within the EU in order to meet the demands of
the public debt crisis of 2009-10, and specifically the ESM, a body created to
guarantee the Euro zone¿s stability, have nonetheless introduced the conditionality
as a structural element in their operations, with a philosophy comparable to that
of the IMF, i.e. to achieve economic growth from austerity, thus impairing the
exercise of several fundamental rights. That raises the question of compatibility of
those policies with the objectives and principles of the EU, defined one day as a
«community of law» and founded upon the values of fundamental rights.
The first ¿and early¿ judgement delivered on this ground by the European
Court of Justice (Pringle case) left nevertheless in the air the compatibility of the
conditionality of ESM with the objectives and principles of the EU and with the
respect to human rights. It seems however that this criteria tends to be modified
by the recent judgment Ledra Advertising that opened the door to invoke the right
to property in order to be compensated by damages caused as a consequence of
conditionality. Even so, it will be after the transformation of the ESM into an European
Monetary Fund, if this is constituted as a Community institution, that invoking
fundamental rights shall be effective in order to stop or mitigate the adverse
effects of conditionality. What is more, the judicial control over conditionality
within the EMF might serve as a reference for other international financial institutions.