Suchergebnisse

The essay discusses the orientations for preventing the slide toward apartheid States. Beginning with the phenomenology of present mass displacements, it asks: are non-citizens people, and what are the limits of popular sovereignty? Is freedom possible if a good part of denizens is a partly free group? Five concatenated axioms are posed: that 1. the right to hospitality (eventually, citizenship) is a central human right); 2. each State -- or analogous community -- should give all its denizens the maximum possible of citizen rights; 3. our value focus ought to be on immigrant policy and on integration; 4. the status of "unfree labourers" refuses the principle of "one person, one vote"; 5. "no taxation without representation." The long-run alternative is wars and terrorism or civil cohabitation. This would include a foreign economical policy of "co-development", and no participation in wars (except in a present aggression against Europe). If capitalism today condemns a growing majority of humans to psycho-physical misery and premature death, then we may be facing apartheid and global civil wars. Adapted from the source document.

The text problematizes Hobbes's relation towards republicanism. This is carried out in three stages. The first stage shows the form in which republican ideas were present in English political thought in the first half of the 17th century. It turns out that, prior to the publication of Leviathan in 1651, there was no coherent anti-monarchic republican theory in England. Still, English political thought was familiar with its individual elements and those elements had a major influence on the course of the constitutional crisis and the civil war itself. The second stage provides an analysis of Hobbes's criticism of two republican ideas which he deems particularly fatal to the survival of the state. The first idea is the ideal of mixed government, which Hobbes rejects as incompatible with the fundamental condition of state preservation, namely indivisible sovereign power. Thereafter, relying on Skinner's analysis, the author outlines Hobbes's criticism of the republican conception of liberty, which is at the core of the attack on monarchy as a form of state incompatible with the liberty of citizens. In contrast to such a perception, Hobbes constructs a completely novel definition of liberty, which enables him to show that the liberty of citizens is equal in democracy, aristocracy and monarchy. Finally, the third stage inquires into the implications of Hobbes's criticism of republicanism with regard to the conceptual field of his mature theory of the state. Emphasis is put on the assertion that this criticism does not also imply a rejection of democracy as a form of state. Indeed, the analysis shows that, within the framework of Hobbes's theory of the state, criticism of republicanism, perceived as vindication of the state, is prerequisite to the existence of democracy itself. Adapted from the source document.

Ideologija liberalizma obilježena je protuslovljima. U ime slobode nametano je ropstvo jednih drugima. Odnos liberalizma prema državi obilježen je protuslovljem između negativne i pozitivne slobode. Državu blagostanja razvijenu na Zapadu u drugoj polovini 20. stoljeća, zasnovanu na konceptu pozitivne slobode, zamijenio je neoliberalizam zasnovan na konceptu negativne slobode. Rezultat je povećanje ekonomskih razlika između bogatih i siromašnih. Na međunarodnom planu liberalizam je obećavao svijet bez rata uređen na načelima razuma. Nakon prestanka Hladnoga rata, kad su stvorene pretpostavke za ostvarivanje liberalnih obećanja, bogate zemlje Zapada odlučile su ostatku svijeta nametnuti neoliberalne modele funkcioniranja ekonomije i društva. Umjesto win-win situacije svijet je suočen sa sukobima i krizama. Liberalizam može opstati kao kredibilna ideologija ako se na unutrašnjem i na međunarodnom planu budu primjenjivale sve njegove sastavnice. ; The ideology of liberalism is marked by contradictions. Slavery has been imposed to some in the name of liberty for others. The relationship of liberalism toward the state is determined by the contradiction between negative and positive liberty. Welfare state was developed in the West in the latter half of the 20th century and based on the concept of positive liberty, but it has since been replaced by neoliberalism based on the concept of negative liberty. The result was the exacerbation of the economic gap between the wealthy and the poor. On the international level, liberalism promised a world with no wars and arranged according to reason. Following the end of the Cold War and the realization of the preconditions for the fulfillment of liberal promises, the rich countries of the West decided to impose the neoliberal model of society and economy on the rest of the world. Instead of a win-win situation, the world is faced with conflicts and crises. Liberalism can survive as a credible ideology only if all of its components are implemented both on the domestic and international levels.

This note introduces contributions delivered at the international conference "Ustav kao simbol i instrument" (The Constitution as a Symbol and Instrument), held in Zagreb, 7-8 Dec 2001. The symbolic & regulating functions of the constitution are noted as very much distinct objectives. Excerpts from the preambles of the American & French constitutions are quoted to illustrate that this document not only spells out the fundamental laws by which a nation is to be governed but also states the people's basic values, views on self-determination, equality, tolerance, or liberty, & ethical principles that it holds dear. The constitution is an instrument regulating a political process while at the same time functioning as a symbol of political culture. The people do not only state in it their sovereignty but also a conception of the republic's order. Z. Dubiel

The author looks into the life & work of Alexander von Humboldt, viewing him as a protagonist of a scientific globalization concept that linked the promotion of science with the trinity of liberty, equality, & fraternity. Humboldt saw fraternite as realized in the form of a worldwide dialogue of scientists. The author observes that Humboldt was a pragmatic & organizational genius of networking, ie, the strategy of public relations that included contacts with scientists & the popularization of scientific achievements. Humboldt's Eurocentrism, which comes to the fore in his work about his travels, is nevertheless as ambivalent as the history of the reception of that work. Truth to tell, this work lay the foundation for European colonization & exploitation of Latin America, but was also essential for its self-understanding & political emancipation. The author claims that Humboldt's private & political ambivalence, essentially productive, is the result of his magnificent incompleteness & imperfections. Adapted from the source document.

The author looks into the life & work of Alexander von Humboldt, viewing him as a protagonist of a scientific globalization concept that linked the promotion of science with the trinity of liberty, equality, & fraternity. Humboldt saw fraternite as realized in the form of a worldwide dialogue of scientists. The author observes that Humboldt was a pragmatic & organizational genius of networking, ie, the strategy of public relations that included contacts with scientists & the popularization of scientific achievements. Humboldt's Eurocentrism, which comes to the fore in his work about his travels, is nevertheless as ambivalent as the history of the reception of that work. Truth to tell, this work lay the foundation for European colonization & exploitation of Latin America, but was also essential for its self-understanding & political emancipation. The author claims that Humboldt's private & political ambivalence, essentially productive, is the result of his magnificent incompleteness & imperfections. Adapted from the source document.

Predmet ovog rada jest pravo na branitelja, i to pravo na branitelja na teret države (formalna obrana siromašnih okrivljenika) kao njegov element te kako proizlazi iz Direktive (EU) 2016/1919 Europskog parlamenta i Vijeća od 26. listopada 2016. o pravnoj pomoći za osumnjičenike i okrivljenike u kaznenom postupku i za tražene osobe u postupku na temelju europskog uhidbenog naloga i Direktive 2013/48/EU Europskog parlamenta i Vijeća od 22. listopada 2013. o pravu na pristup odvjetniku u kaznenom postupku i u postupku na temelju europskog uhidbenog naloga te o pravu na obavješćivanje treće strane u slučaju oduzimanja slobode i na komunikaciju s trećim osobama i konzularnim tijelima tijekom trajanja oduzimanja slobode. Kroz analizu mjerodavne prakse Europskog suda za ljudska prava cilj je pokazati u kojoj mjeri praksa pristupa branitelju i hrvatsko odvjetništvo odgovaraju zahtjevima direktiva. Spomenuta praktična implementacija direktiva o pravu na pristup branitelju i pravnoj pomoći u hrvatskom odvjetništvu predstavlja posebni dio rada. U tom se dijelu rada analiziraju obveze koje iz direktiva proizlaze za odvjetništvo, a poseban se naglasak stavlja na cjeloživotno obrazovanje odvjetnika, njihovu organizaciju putem braniteljskih lista unutar odvjetničkih zborova, kao i na učinkovit sustav disciplinske odgovornosti odvjetnika. ; The subject of this paper is the right to a lawyer, specifically, a lawyer financed by the state (formal defence of persons lacking sufficient means), as regulated by Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings, and by Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. By analysing the relevant jurisprudence of the European Court of Human Rights, we aim to demonstrate the degree of compliance of the Croatian lawyers` approach with the Directives. The practical implementation of the mentioned Directives is a specific part of this work. In this respect, we analyse the obligations for lawyers stemming from the directives, with an emphasis on the education of lawyers, their organisation via specific lists, as well as an effective system of disciplinary responsibility.

The author looks into the possibility of the emergence of a structure that would have a suitable regulative capacity to control the process of globalization. First he gives an account of the state & its possibilities. His starting assumption is that the state is a social structure supposed to stabilize interactive communication in a relatively big space. In the last 200 years, the developed states have been characterized by a democratic consensus (whose potentials have not been fully exploited) & by the proliferation of the state apparatus. However, this condition has been challenged by the colossal technological advances of the late 20th century. The sovereignty of states at the political & economic level is no longer viable. The author wonders whether the evolution of the modern state could be repeated in the course of establishing a global order. The first step would be the establishment of the global monopoly of force. This is not impossible, but the problem is that it may not be stable. The second step is the social consensus that would encompass the whole world. The author's starting assumption is that each legitimization consensus contains the elements of the former consensus. The global expansion of democratic consensus is unlikely, as are democratic joint decision making, liberty, legal equality, & a minimum of social welfare. The third step is the establishment of a global management system. It has been shown that such a system can emerge, although the global monopoly of force has not been stabilized, & there is no global social consensus. The author concludes that today's states are becoming parts of planetary regulating mechanisms & the hub of the global organizational networks. 21 References. Adapted from the source document.

The article discusses the problem of political trust and its importance for the functioning of democracy, as well as the differences in the origin and structure of political trust between the old and the new democracies. Political trust is a prerequisite for the legitimacy of democratic regimes. In the new democracies, the commitment to democracy does not automatically create political trust. The problem of democratic functioning of institutions in the circumstances of widespread distrust, that is, the problem of creating trust in the circumstances of institutional inefficiency, revives the determinism of the socio-cultural matrix in transitional societies. The origin and the structure of political trust are discussed within the framework of the cultural and institutional approach. The cultural approach considers trust to be exogenous and determined by socio-cultural characteristics, while in the institutional approach trust is considered to be endogenous, and resulting from functioning institutions. The author points out the limits of the institutional approach since it neglects the fact that existing socio-cultural factors are not compatible to the new political structure caused by the developmental and political discontinuity of the transitional societies. The author also points out the importance of trust in the system's institutions. Trust is an important socio-cultural feature which enables the consolidation of democracy. The institutions may gain political trust exclusively by being reliable and working in bringing about democratic relations. Workable institutions demand responsibility of political actors, and by respecting democratic norms and procedures they secure the liberty and equality of citizens and enable active political participation. Only in this way can institutions generate trust that would underlie the legitimacy of democratic regimes. Therefore building institutions that would be autonomous to demand efficiency and responsibility from political actors, and would be responsive towards the citizens is the biggest problem and a most important task of the democratic consolidation. Adapted from the source document.

The article discusses the problem of political trust and its importance for the functioning of democracy, as well as the differences in the origin and structure of political trust between the old and the new democracies. Political trust is a prerequisite for the legitimacy of democratic regimes. In the new democracies, the commitment to democracy does not automatically create political trust. The problem of democratic functioning of institutions in the circumstances of widespread distrust, that is, the problem of creating trust in the circumstances of institutional inefficiency, revives the determinism of the socio-cultural matrix in transitional societies. The origin and the structure of political trust are discussed within the framework of the cultural and institutional approach. The cultural approach considers trust to be exogenous and determined by socio-cultural characteristics, while in the institutional approach trust is considered to be endogenous, and resulting from functioning institutions. The author points out the limits of the institutional approach since it neglects the fact that existing socio-cultural factors are not compatible to the new political structure caused by the developmental and political discontinuity of the transitional societies. The author also points out the importance of trust in the system's institutions. Trust is an important socio-cultural feature which enables the consolidation of democracy. The institutions may gain political trust exclusively by being reliable and working in bringing about democratic relations. Workable institutions demand responsibility of political actors, and by respecting democratic norms and procedures they secure the liberty and equality of citizens and enable active political participation. Only in this way can institutions generate trust that would underlie the legitimacy of democratic regimes. Therefore building institutions that would be autonomous to demand efficiency and responsibility from political actors, and would be responsive towards the citizens is the biggest problem and a most important task of the democratic consolidation. Adapted from the source document.