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Narativnost v zgodovini: poststrukturalizem in po njem
In: Filozofski vestnik: FV, Band 16, Heft 1, S. 21-52
ISSN: 0353-4510
(Originally published in History and Theory, 1987, 26, 1-29.) It is postulated that, despite the best efforts of professional historians, there is no way of inventing a direct assessment of historical events. In fact, the professional standards of historians' honesty & professionalism are measured against the very conventions that include or exclude certain aspects of historical events. Even the thickest synchronic or quantified description must be understood by its readers as an excerpt from an explicit or implicit narrative. The desire for a source of an unprocessed story is a futile, frustrating effort, since all historical texts or materials are part of a society's cultural system. Adapted from the source document.
Omejitve volilne pravice ; Suffrage limitations
V magistrskem delu si postavljam ambiciozen cilj – predstaviti rešitve, ki bi v okviru demokracije omogočile dobre volilne odločitve. Kriterij dobre odločitve utemeljujem z načinom in postopkom sprejemanja odločitve, in ne z vsebino odločitve, saj je ta v demokraciji vedno pravilna. Postopek sprejemanja dobre odločitve delim na zbiranje informacij in njihovo vrednotenje, rezultat katerega je končna odločitev. Ker je vrednotenje informacij varovano s svobodo misli, sem se v želji po zagotavljanju dobrih odločitev osredotočil na informiranost volivcev. To želim doseči z uvedbo formalne zahteve po informiranosti volivca o volilni tematiki. Zahteva je izražena v predlaganem ukrepu omejitve volilne pravice na podlagi dolžne skrbnosti informiranja, ki volivce sili v informiranje, saj ti v nasprotnem primeru izgubijo pravico soodločanja. Poseg v splošnost volilne pravice utemeljujem z varovanjem javnega interesa in pravic drugih, pri tem pa sem zahtevani standard informiranosti, s ciljem ustavne dopustnosti, spustil na goli minimum. Ker kvaliteta volilne odločitve danes ni prepoznana kot samostojna vrednota, ne more uspešno konkurirati volilni pravici, zato predlagani ukrep na ustavnem testu sorazmernosti posega v varovano dobrino in teža koristi, za katere si ukrep prizadeva, pade. Predlagana ureditev torej z vidika trenutno veljavnega pravnega okvirja ni dopustna. ; At the beginning of my master's thesis, I set myself an ambitious goal – to ensure good electoral choices within the framework of democracy. The criterion for a good decision is based on the method and the decision-making process, and not the content of the decision itself, since the content itself is always the right one in democracy. I divide the process of making a good decision into the gathering of information and the evaluation of the gathered information, together resulting in the electoral decision. Since the evaluation of information is protected by the freedom of thought, I focused on the part of the gathering of the information to guarantee good electoral choices. To ensure the voters are sufficiently informed about the electoral topic, I am introducing a formal requirement for it. The requirement is expressed in the proposed limitation of the suffrage, based on the voters' duty to be informed about the electoral topics, which forces the voters to be informed, as they otherwise lose the right to vote. This is upheld by the opposing interest of protecting the public interest and the rights of others. As the goal of the proposed limitation was also to be compliant with the Constitution, I lowered the level of informational awareness requirement to its bare minimum. Since the quality of the voting decision is not (jet) recognized as an independent value, it was not able to successfully compete with the voting right in the constitutional test of proportionality and thus the proposed limitation failed the test. In the light of the current legal framework the proposed limitation is therefore not permissible.
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DENSIFICATION, RENT AND USE VALUE: SPATIAL CONFLICTS IN ROŽNA DOLINA, LJUBLJANA
In: Teorija in praksa, S. 901-917
Abstract. Since 2015, the residential neighbourhood of
Rožna dolina has experienced intense building activity
that has been supported by the city of Ljubljana, but has
been met with resistance from the local inhabitants, thus
becoming the most visible local expression of the universal
capitalist conflict between the use and exchange
value of space. The article main aim is to analyse the
concrete manifestation of this conflict by looking at the
operations of the local state, investors and inhabitants
in the production of space in Rožna dolina. The analysis
shows that the conflict is influenced by the specific
local state's dependency on economic actors, by specifics
of local real estate market and workings of developers
and by the composition of inhabitants of Rožna dolina.
Keywords: Ljubljana, spatial conflicts, appropriation of
rent, local state, real estate development
ON MIGRANTS WITH MIGRANTS: MIGRATIONS 5 YEARS AFTER EUROPE'S MIGRATION »CRISIS«
In: Teorija in praksa, S. 322-340
Abstract. In which ways can we theorise the recent illegalised migrations in Europe? This article considers
theoretical novelties in the field of migration studies
that have emerged since the mass migration into the
European Union seen in 2015. Methodologically, the
authors combine critical (discursive) analysis with the
testing of certain still relevant theoretical concepts that
have yet to be applied in migration studies, based on
fieldwork along the Balkan Route over the last 5 years.
The analysis has shown that the defining and decisive
feature of the recent illegalised migrations, insufficiently considered by migrations scholarship, is the political
subjectivity and agency of the migrants. Recognition of
such agency makes migration the site of the critique of
global inequalities and the site of inclusive social transformation.
Keywords: Migrations; Europe; Political Theory; State;
Balkan Migrant Route
Demokracija kot filozofski koncept
In: Filozofski vestnik: FV, Band 31, Heft 3, S. 165-176
ISSN: 0353-4510
The present article proceeds from Badiou's metapolitical understanding of democracy as a philosophical concept. Since according to Badiou the philosophical grasping of democracy depends on its meeting the criteria of politics as the truth procedure and on its succeeding in subtracting itself from the logic of representation (the state of situation or the State), we subsequently concentrate on Badiou's theory of the State. Simultaneously, we expose Badiou's later interpretation of communism, which he, contrary to his previous theory of communism as the destruction of representation, understands as the practice of subtraction from it. In conclusion, we stress that democracy and communism in Badiou's comprehension overlap in the subtracted space from the realm of representation (the State) as the practice of production of the same, which is possible only under the egalitarian prescription. Adapted from the source document.
Uporabnost etnoloskih raziskav pri snovanju urbanih vsebin na zelenih povrsinah v Mariboru
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Band 7, Heft 1, S. 47-65
ISSN: 1581-5374
Parks, avenues, squares, open spaces & other green areas are established spatial categories & something that can always be seen in all urban centers, also in Maribor. Different ways of life are reflected in green areas because it is about the public spaces for socializing, recreation & relaxation. These are the spaces offered by the city to its residents for the very activities mentioned before. And since ethnology primarily deals with a way of life by which the contemporary & past forms & contents of the social & cultural life are characterized, the ethnological aspect of dealing with the green areas is specific & of key importance to an overall understanding of them. Both differences & similarities between the City Park & the Slomsek Square (ie., between the two different types of green areas in the City of Maribor) are telling their part of the story of the city in the same relevant way. Adapted from the source document.
Lokalna demokracija IV: Aktualni problemi slovenske lokalne samouprave
In: Local Democracy
The Slovenian constitution guarantees local self-government to all inhabitants and local self-government can be executed in municipalities and other local communities. Although municipalities are foundational units of local self-government, they experience some very basic problems since the re-establishment in the middle of 1990s; those problems are closely connected with inadequate exercise of subsidiarity and connection principles from in 1996 ratified European charter of local self-government. Slovenia has larger number of undersized municipalities that report problems with normative overload and their administrative incapacity. According to the findings of empirical study presented in the paper, the latter is often the case in municipalities smaller than 5000 inhabitants. The authors are also analysing inadequately defined scope of municipal jurisdiction; Slovenian municipalities are currently responsible for local affairs that affect only municipal inhabitants, and that narrow scope of jurisdiction is in many cases causing problems in managing the municipality, especially in cases of smaller municipalities.
O STILISTIKI IN NJENEM POMENU: JEZIKOSLOVNA DISCIPLINA V DRUŽBI 21. STOLETJA
In: Teorija in praksa, S. 203-220
Through analysis of the books on stylistics written in the English, German,
Czech, Slovak and Croatian languages, we describe the development of stylistics,
its predecessors, independence from literary science, and the contemporary
situation. We focus on Slovenian linguistic stylistics based on an
analysis and review of entries including keyword stylistics in the Slovenian
bibliographic catalogue Cobiss+. By reviewing and analysing the stylistic
publications of Tomo Korošec, who devoted the largest part of his research
to media stylistics, we substantiate his contribution to Slovenian theoretical
stylistics. The main finding of our comprehensive analysis is that stylistic
research in Slovenia has been intense since the 1960s, that an important part
of this research relates to the work of Tomo Korošec and that, alongside
theoretical stylistics, it is important to include school stylistics as part of general
education on all levels.
Keywords: linguistic stylistics, history of stylistics, media stylistics, journalism
stylistic, stylistic of advertising, linguistic education, rhetoric
HAS THE LIBERAL INTERNATIONALIST CONCEPTION OF THE EU'S FOREIGN POLICY MADE IT INCAPABLE OF ACTING IN INTERNATIONAL CONFLICTS?
In: Teorija in praksa, S. 5-23
Notions of the power associated with the European Union's foreign policy and its role in international relations are mostly liberal in origin. This explains the EU's special role in the Cold War era and that it has since emerged more as a moral, ethical and normative power. The EU's lack of military capability has probably been the main cause that prevents it from acting as a great or superpower. The distinction between materialistic and immaterial elements of power has been a crucial point of contention between realists and liberal thinkers. In international relations, we are also witnessing the trend of the EU increasingly using the geopolitical approach (such as in the Ukrainian crisis) besides the normative one. In the article, different concepts of EU foreign policy regarding power in the light of realism and liberalism are compared where, alongside the descriptive method, a SWOT analysis is performed. Keywords: realism, liberalism, power, European Union, Ukraine, foreign policy, international relations
Lokalna demokracija IV: Aktualni problemi slovenske lokalne samouprave
The Slovenian constitution guarantees local self-government to all inhabitants and local self-government can be executed in municipalities and other local communities. Although municipalities are foundational units of local self-government, they experience some very basic problems since the re-establishment in the middle of 1990s; those problems are closely connected with inadequate exercise of subsidiarity and connection principles from in 1996 ratified European charter of local self-government. Slovenia has larger number of undersized municipalities that report problems with normative overload and their administrative incapacity. According to the findings of empirical study presented in the paper, the latter is often the case in municipalities smaller than 5000 inhabitants. The authors are also analysing inadequately defined scope of municipal jurisdiction; Slovenian municipalities are currently responsible for local affairs that affect only municipal inhabitants, and that narrow scope of jurisdiction is in many cases causing problems in managing the municipality, especially in cases of smaller municipalities.
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Drzava in javno mnenje pri Heglu
In: Filozofski vestnik: FV, Band 34, Heft 3, S. 35-56
ISSN: 0353-4510
Pogodba o trgovini z orožjem ; The Arms Trade Treaty
Trgovina z orožjem za marsikatere države in podjetja pomeni velik vir zaslužka. Problem je v tem, ker poleg zakonitega trga z orožjem, obstajata tudi sivi in črni trg. Zato je pomembno, da se vzpostavi celovit in učinkovit nadzor nad trgovino z orožjem. Že od leta 1978 se v resolucijah Generalne skupščine Združenih narodov omenja potreba po pogajanjih glede omejitve mednarodnih prenosov konvencionalnega orožja. Šestintrideset let pozneje je začela veljati prva mednarodna pogodba, ki celovito ureja mednarodno trgovino s konvencionalnim orožjem, Pogodba o trgovini z orožjem (PTO). V procesu nastajanja pogodbe so ves čas sodelovale tudi nevladne organizacije, saj je za vzpostavitev učinkovitega mednarodnopravnega instrumenta pomembno sodelovanje med državami in civilno družbo. PTO je tudi prva mednarodna pogodba, ki ureja prenos osebnega in lahkega orožja. Ravno slednje zaradi svojih lastnosti (enostavno za uporabo, prenosljivost, dolgotrajnost, lahka dostopnost širšemu krogu ljudi) povzroča trpljenje mnogih ljudi. Določbe PTO pa ne posegajo v že urejen sistem pridobivanja orožja, ki velja za športne strelce, lovce in zbiratelje orožja. PTO oboroževanja ne prepoveduje, saj spoštuje pravico vsake države do samoobrambe, temveč le vzpostavlja večjo preglednost nad trgovanjem s konvencionalnim orožjem med državami pogodbenicami. Posebnost PTO je izvajanje po metodi korak po korak, kar omogoča njeno postopno uveljavitev in prilagoditev njenega izvajanja dejanskim razmeram. Učinkovito izvedbo PTO preprečuje nesistematična ureditev kategorij konvencionalnega orožja, streliva in minsko-eksplozivnih sredstev, delov in sestavnih delov orožja, dejavnosti prenosa in neurejenost nadzora nad trgovino s stroji in materiali, ki omogočajo izdelavo orožja in streliva. PTO tudi ne vzpostavlja učinkovitega sistema sankcij za države, ki kršijo pogodbene obveznosti. ; Arms trade has been a large source of profit for various countries and companies. The major problem is that beside legal arms industry there exists grey and black markets. It is thus very important to set up a complete and efficient control of the arms trade. Ever since 1978, The General Assembly of the United Nations in its resolutions has emphasised the need to reach agreements on limiting the international transfer of conventional weapons. Thirty-six years later, the first international treaty that entirely regulates conventional arms trade entered into force. The Arms Trade Treaty (ATT) thus came into effect. Many non-governmental organisations were also engaged in the process of treaty making, since the establishment of the efficient international legal instruments required the cooperative efforts of countries as well as civil societies. The ATT is the first international treaty regulating the transfer of small arms and light weapons. The latter is the one whose features (easy to use, mobility, durability and easy access to a wider public) cause suffering to many people. The rules and regulations of the ATT do not interfere with the already established system of weapon acquisition that is valid for sports marksmen, hunters and weapons collectors. The ATT do not ban armaments, since each country has a legal right to self-defense. Its aim is to establish better transparency over the conventional arms trade among the states parties. The distinctive feature of the ATT is a step-by-step method, and in this way the treaty is gradually enforced and its implementation adapted for actual situations. Nevertheless, the efficient enforcement of the ATT is prevented by the non-systematic regulation of conventional arms, ammunition, munitions, as well as of parts and components of weapons. The arms transfer activities, the non-systematic monitoring of machine and material commerce that enable arms and ammunition production are also the factors that prevent the implementation of the treaty. The ATT do not establish an efficient system of sanctions against states that violate contractual obligations.
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POLITICAL SCIENCE OF THE FUTURE: ADOLF BIBIČ AND THE FUTUROLOGICAL COMPONENT OF POLITICAL SCIENCE
In: Teorija in praksa, S. 207-219
Abstract. The article presents an attempt to make sense of Adolf Bibič's
oeuvre as a whole. It reveals his broader intellectual (and also political)
project along with his coherent and systematic analysis of what may also
be understood as the 'possibilities' of political science. We claim that Bibič's
various analyses and interventions actually pivot on the question of the
future or, even better, the role and position of political science in it. We
name this aspect of Bibič's oeuvre the 'political science of the future', which
necessarily returns to the history of political ideas and political history to
even be able to understand the current political relations and their contradictions. The ambition and capacity of the 'political science of the future'
is not merely an explanation of what exists since, as Bibič states, political
science is the key science for facing the challenges of the future and, accordingly, vital for our existence – political and physical.
Keywords: Adolf Bibič, political science, future, state, democracy, citizenship.
THE LEGAL STATUS OF ALIEN COMBATANTS IN THE UKRAINIAN ARMED FORCES WITHIN THE CONTEXT OF THE INTERNATIONAL JUDICIAL REALITY
In: Teorija in praksa, S. 316-333
The decision by the Council of Europe to ter minate the Russian Federation's membership of the Council of Europe on 16 March 2022 makes the issue of legal certainty for aliens actively participating in the war in Ukraine as part of the Ukrainian Armed Forces completely unpredictable. The academic literature and the case law of the European Court of Human Rights in the field of the legal status of alien combatants is limited, and the International Criminal Court has not complet ed any cases on this topic. This article addresses the prin ciple of case law and, above all, the principle of legality with regard to aliens and their active participation in the armed forces of Ukraine. This issue has become cen tral since the Russian Federation may or may not grant these persons the status of prisoner of war according to the Third Geneva Convention, relating to Protocol I, or may characterise them as criminal offenders or terro rists. Keywords: aliens, combatants, mercenaries, prisoners of war, war, armed conflict, terrorists