The essay first highlights certain basic features of the attitude of the European immigrant countries towards the new (migrant) ethnic minorities in their midst, the attitude that at the same time is indicative of the existence of various forms of ethnicity in the development of the European nation-states. The differences in the individual "national responses" regarding the existence of new ethnic communities reflect these differences in the understanding of the ethnic/national identity of individual countries. The author then goes on to deal more specifically with the presence of the Muslim population in West-European countries, the population that - perhaps more than any other group of "aliens" - is torn between the Westeuropean practice of ethnic and increasingly cultural discrimination, and a belief in liberalism and pluralism. ln connection with this, the role of Islam and the "Muslim" identity in the Muslim communities in West- European countries is analyzed. (SOI : PM: S. 108)
In numerous European countries, majority nations and national minorities that live in them, aware of the complexity of relations between majorities and minorities in the ethnic sense, and the ensuing dangers, have engaged in mutual accommodation and compromise, thus fashioning certain models of coexistence. Constitutional provisions of European states prove that there is no single model of the recognition of the rights of national minorities. Still, European states may be divided into three groups. The first group includes those states which advocate the constitutional principle of the integral nation and refuse to recognize any other ethnic origin of their citizens. The second group comprises those states which do not divide its ethnic communities into majority and minority ones, which practically means that they do not recognize the category of the national minority; they protect the ethnic identity of their members by dividing their equal citizens by the languages they use. The third group includes those countries which recognize the notion of the majority nation and national minorities. This group has elaborated the provisions regarding the rights of national minorities, particularly the protection of their national, cultural, religious and linguistic identity, with major differences in the scope of individual rights. (SOI : PM: S. 84)
This article firstly focuses on the initial recognition, in the final period of the second Yugoslavia, of the existence of social inequalities, as the first serious symptoms of abandoning the ideology of social equality and socialism as a whole. Moreover, the nationalist mobilization was used as a lever for restoration of capitalism as a typical class society. After that it briefly outlines two post-war periods of structuring social opportunities in societies in the West, and partly also in the East. The first period is designated primarily by egalitarian tendencies, which is manifest in increased popularity of critical and radical trends in social sciences. The second period, which still lasts, is quite opposite in orientation, and this is, in turn, manifest in ever greater relevance of social Darwinism as a discursive foundation of a series of sciences. The next, and largest, part of the article is dedicated to an attempt at explaining the permanence of social inequalities, and the author stresses the inexhaustible character of Rousseau's question regarding the origin of social inequalities. In the present-day quest for an answer to that question, certain similarities are noticeable between (neo) evolutionism and (neo) Marxism. Although Marx himself stressed the correspondence of his conception of class struggles in history with Darwin's conception of struggles for survival in nature, but also took into account the differences (between natural evolution and human history), the conclusion on the identity of their conceptions imposes itself through observations about the constant defeat of the proletariat in age-long struggles against the oppressors, which continue to this very day in the epoch of neo-liberal global capitalism. Reflecting on possibilities of a generally different outcome in the struggles for a more just society, the author finds that there are two interrelated prerequisites to their existence. The first has to do with connecting the theory and practice of liberalism and socialism with the aim of establishing a balance between the mechanisms of individual freedom and competition on the one hand, and social sensitivity or solidarity on the other. The second prerequisite is the construction of a world democratic state. Its political interest and scope of governing would neutralize the key concept (and self-reproduction mechanism) of social Darwinism -- inclusive fitness. Quite simply, the latter means to favour "one's own" group while humiliating or excluding the other. In a society with a globally ruling government, the division between "one's own" and "somebody else's" parts of the world -- the boundaries of which are nowadays all too often shifted to and fro as a consequence of the erratic character of expansion and contraction of the market and the breaking out of conflagrations of war, producing a permanent Hobbesian "state of nature" -- would make way for wisdom of governing and for work of all for the benefit of all. Adapted from the source document.
У овом раду разматрали смо допринос дела функционера најзначајнијег професионалног удружења музичара у међуратној Југославији – Савеза музичара у Краљевини СХС Југославији, спровођењу словенске културне интеграције. Пратећи деловање групе окупљене око званичног гласила организације Jugoslavenski muzičar / Muzičar, у међународним оквирима, издвојили смо кључне подухвате који су покренути у периоду између 1923. и 1929. с циљем зближавања и интеркултурне размене са словенским музичарима и стручњацима. Резултати анализе видова и интензитета колаборације загребачких музичара с музичарима из словенских земаља посматрани су у компарацији с резултатима ранијих истраживања. Циљ тога био је да се размотри да ли су и у којој мери настојања ове групације кореспондирала са сродним тежњама других југословенских и словенских музичара, као и с доминантним ставовима и праксом политичке и интелектуалне елите с ових простора. ; Although many Slavic peoples were given long-awaited political independence after the Great War, it did not suppress their strivings to attain stronger cultural bonds and cultural integration that thrived throughout the 19th century. In the new geopolitical circuimstances, All-Slavism was mostly interpreted as a vehicle to actualize the potentials of Slavs to create cultural forms of universal value through a synthesis of opposing values of Western and Eastern civilizations. Despite the fact that its definitions varied significantly depending on the differences of ideological basis of individuals and groups that promoted it, the common ground represented a belief that Slavs shared the same worldviews, values and spiritual properties and that this similarity needed to be used as an emancipatory tool – for mutual cultual exchange, support, development, and progress. In interwar Yugoslavia of 1920s, All-Slavism was particularly promoted among musicians and music specialists. Among the numerous keen supporters were the representatives of the Association of Musicians of the Kingdom of SCS/Yugoslavia gathered around the periodical Jugoslavenski muzičar/Muzičar (Yugoslav musician). Led by Fran/Franjo Šidak and Jaroslav Šidak, this group contributed to the expansion of All-Slavic tendencies in the Yugoslav public and music spheres. From 1923 to 1929, these musicians settled in Zagreb initiated numerous activities aimed at developing collaboration with Slavic musicians around Europe. Unlike many like-minded groups in different Slavic countries of the time, Zagreb musicians created friendly relations with their Soviet colleagues, specifically with the leaders of the Всесоюзным профессиональным союзом работников искусств, ВСЕРАБИС (All-Soviet Professional Association of Art Workers). During the five years of extensive exchange with other Slavic musicians and specialist, they established fruitful correspondence and coperation with Bulgarian musicians, most of all with the high representatives of Bulgarian musical organizations. As a result of that, series of articles dealing with Bulgarian music history and musical life were published in Jugoslavenski muzičar/Muzičar together with detailed reports, while a number of essays of Yugoslav authors were reprinted in Bulgarian music journals. Results of the analysis of type and extent of collaboration between Zagreb and other Slavic musicians were compared with the results of previous researches. The aim of this paper was to consider whether the efforts of this group corresponded with the related tendencies of Yugoslav and Slavic musicians, as well as with the dominant views and practices of the Yugoslav political and intellectual elite.
The development of both conventional and written legal rules that were governing the roots of the administration, has run in parallel with the development of the country. The development of legal state was going parallel with the development of constitutional state. The legal state can not be imagined without pandering Administration under the law, but precisely because of it stems judicial control of management, which is necessary for the full realization of the principle of legality and the protection of rights and legal interests of citizens. Administrative action presents a means to protect the rights and interests of citizens, but on the other hand it is also an effective tool for ensuring the legality of administrative operations. Pandering administration under the law is linked to the French Revolution from 1789, in this respect, France is a country that is the first to introduce an administrative dispute. The development of an administrative dispute in France can be followed through the occurrence and development of the State Council, which was formed during Napoleon time in 1799. The legal institutionalization of the administration is not done in the same way everywhere, in that sense we distinguish two big legal systems, Anglo-Saxon and European-continental. In Anglo- Saxon law legal institutionalization of the administration included the procuring administration under the legal norms of general law, management control exercised by courts of general jurisdiction. In the European-continental law legal institutionalization of the administration departs from pandering Administration under the legal standards that belong to a specific branch of law administrative law. In the European- continental system there is a difference between private and public law, and an important part of the legal regime are special administrative courts. The development of an administrative dispute actually juridical control of administration in Serbia can be traced back to the second half of the 19th century. Although Serbia has created very early the State Council following the example of France, in a formal sense the administrative dispute in Serbia was fully introduced by the Constitution from 1869. At our place administrative activities are controlled by the courts, which are an integral part of the judiciary and acting under special rules, rules of administrative law. Depending on the positive law of certain countries, the subject of administrative dispute is defined broadly or narrowly. According to French positive law the subject of administrative dispute may be not only single authoritative legal acts of administration, but also the general acts of administration - implementing regulations issued by the administration, as well as administrative objections. According to French positive law the subject of administrative dispute is defined very broadly, unlike the German and Austrian positive law, where an administrative dispute can not be conducted against all acts of general administration. Regarding that in the comparative law we meet a number of different solutions, we believe that in our country we should choose the one that would be the best way to provide protection for the rights of citizens. We lead the administrative dispute in the first place about the legality of final administrative act against other individual legal acts because of the silence of administration, and it may be decided on the request for the return of items and damages. The results of scientific studies will confirm the importance of the need that the subject of the administrative procedure should be complied with the case of an administrative dispute. All acts adopted in the administrative procedure should have directly open the way so the control of legality can be accomplished in administrative proceedings in front of the competent administrative court. What is certainly a major challenge is a control of the legality of administrative contracts. Extended subject of administrative dispute will strengthen the position of the parties in the administrative procedure, in order to guarantee them the quality of court protection in front of the Administrative Court.
Predmet ove disertacije je teorijska analiza regulatornog, komunikološkog, tehnološkog i socio-kulturnog okvira u kome nastaje i širi se "govor mržnje", kao i analiza sadržaja i analiza efekata govora mržnje u internet komunikaciji u Srbiji. Cilj disertacije bio je da preciznije definiše sadržaj govora mržnje i kontekst u kome on nastaje, da u odnosu na kulturološke specifičnosti Srbije preciznije utvrdi granicu između mere u kojoj je neophodno omogućiti nesmetanu slobodu izražavanja i ograničiti širenje govora mržnje. Osnovna hipoteza u ovom radu bila je da je koncept govora mržnje višeznačan i da njegovo razumevanje zavisi od geografskog, kulturnog i uopšte socijalnog konteksta u kome se on manifestuje. Govor mržnje na internetu negativno utiče na javnu komunikaciju te samim tim i na proces formiranja javne sfere. Budući da tako ometa kvalitetnu raspravu o problemima od društvenog značaja, govor mržnje otežava donošenje demokratskih odluka i na direktan način urušava demokratske vrednosti u društvu. U istraživanju je sprovedena komparativna analiza evropskih i nacionalnih pravnih akata u oblasti govora mržnje i slobode izražavanja, dat je kritički pregled ključnih međunarodnih naučnih studija i istraživanja govora mržnje na internetu, kao i institucionalna analiza postojećih mehanizama za suzbijanje govora mržnje. Pored toga sprovedena je analiza odabranih aktera i analiza sadržaja internet stranica na kojima je plasiran govor mržnje prema određenim manjinskim grupama u Srbiji. U istraživanju je identifikovan, opisana i problematizovan fenomen govora mržnje na internetu u kontekstu javne komunikacije u Srbiji. U definisanju samog pojma govora mržnje, kroz komparativnu analizu različitih izvora, uočeno je da njegovo identfikovanje zavisi od toga šta se u određenom društvenom, političkom i kulturnom konetkst smatra za osnovni problem koji želi da se reši ovakvim definicijama. Posebno je istaknuta razlika u shvatanju govora mržnje u različitim pravnim tradicijama u svetu. Pored toga, u široj 4 javnosti kao i u različitoj stručnoj literaturi često nije dovoljno dobro definisana jasna granica govora mržnje u odnosu na uvrede, klevete, negaciju nekih istorijskih događaja ili opravdavanje zločina, vređanje simbola, kritiku javnih ličnosti, različitih političkih stavova i religija. Nedovoljno jasna granica između dozvoljenog i potencijalno zabranjenog izražavanja dovodi do nesporazuma i neefikasne borbe protiv govora mržnje koji bi potencijalno mogao da izazove ozbiljne negativne posledice. Oštra kritika nekog pojedinca ili neke grupe veoma lako može biti protumačena kao govor mržnje, a takav pristup zapravo zatvara prostor za diskusiju o nekom problemu i na direktan način sputava slobodu izražavanja, te ugrožava deliberativan proces u demokratskom društvu. ; The topic of this dissertation is the theoretical analysis of the regulatory, communication, technological and socio-cultural framework in which the "hate speech" is being developed, as well as analysis of the content and analysis of the effects of hate speech in online communication in Serbia. The aim of the dissertation was to more precisely define the content of hate speech and the context in which it arises, and in relation to the cultural specifics of Serbia, more precisely determines the boundary between the measure in which it is necessary to provide unhindered freedom of expression and limit the spread of hate speech. The main hypothesis in this work was that the concept of hate speech is multidimensional and that its understanding depends on the geographical, cultural and general social context in which it manifests itself. Hate speech online has a negative impact on public communication and, consequently, on the process of forming a public sphere. Since it hinders the quality debate on the problems of social coercion, hate speech makes it difficult to make democratic decisions and directly undermines the stability of democratic values in society. The study has conducted a comparative and normative analysis of European and national legal acts in the field of hate speech and freedom of expression, as well as other international scientific studies and research in order to better understand the problem of hate speech online, as well as institutional analysis of existing mechanisms for combating hate speech. In addition, an analysis of selected actors of hate speech was conducted through an analysis of the content of the websites where hate speech was addressed to certain minority groups in Serbia. The research described the phenomenon of hate speech online as a complex phenomenon needed to be analysed from several angles to show more clearly all the problems and all the challenges of its precise definition. In defining the notion of hate speech itself, through a 8 comparative analysis of various sources, it is noted that it depends on what is considered to be a basic problem which particular country wants to solve with such definitions. There is a particular difference in understanding of the hate speech in various international legal traditions. In general public, as in various professional literatures, the definition of hate speech is often not clear enough in relation to insults, defamation, denial of some historical events or justification of crimes, insulting symbols, and criticism of public figures, political affiliations and religions. The insufficiently clear boundary between permitted and potentially prohibited expression leads to misunderstandings and ineffective fight against hate speech that could potentially cause serious negative consequences. A sharp critique of an individual or of a group can easily be interpreted as hate speech, and such an approach actually closes the space for discussion and directly suppresses freedom of expression and endangers the deliberative process in a democratic society.
