Preparing the Ground for Constitutionalization through Reconciliation Work

2005 ◽  
Vol 6 (2) ◽  
pp. 465-471
Author(s):  
Anton Legerer

In a letter of 1952, the former German judge Lothar Kreyssig launched his idea of a reconciliation programme based on the religious – Christian – concept of atonement. From the manual work of German volunteers, those who had formerly been persecuted and their enemies, namely, the State and the People of Israel and Jews on the one hand and Great Britain and the British on the other, should benefit. The addressee of this letter was Graf Paul Yorck von Wartenburg, the brother of the executed resistance fighter Peter Yorck, then working for the Ecumenical Council of Churches in Geneva, who later worked as a German diplomat with a consul assignment in Lyon.

2011 ◽  
Vol 24 (1) ◽  
pp. 5-14
Author(s):  
Omar Astorga

AbstractIn this brief article I expound some uses that Hobbes gave to the concept of multitude. Firstly, I explain the distinction between "people" and "multitude", the confusion of which was regarded in De Cive as a cause of sedition. The plural and disunited character of the multitude is highlighted, in comparison with the unity that constitutes the people. Secondly, I show that Hobbes, beyond the cited distinction, makes a relevant use in Leviathan of the principle of representation, in order to show the way in which multitude becomes State. Finally, I highlight the two-fold use given by the author to such concept: on the one hand, by attributing a theoretical role to it, which should allow thinking of the rational construction of the State; on the other, by showing the historical reality of multitude, turned into a source of madness and sedition.


Author(s):  
Sylvester Tabe Arrey

This work examines events from Cameroon's life since becoming a nation to foster understanding of the worrisome political situation the country has been traversing since 2016. Bitter and unhappy with their treatment since joining the French-speaking part, many citizens of the minority English-speaking part feel fed up and desire a breakup. I show that apart from constituting an aspect of its pride, Cameroon's history is also a source of tricky challenges the country has been wrestling with since inception. I contend that issues of this kind will always be around if those in the country's cockpit fly it to a destination other than what satisfies and respects the two people – especially the one that moved the English-speaking part to opt for a joint destiny. Instead of toying with truth to score personal political points, authorities should yield to truth, operating in good faith to correct errors and heal hurt hearts so that both people will willingly, not by force, accept to work together. Contrary actions will risk the future. Happiness moves people to look at their history with pride finding things to build while pain stirs frustration and fury, moving them to search for flaws to fix or fight. I hold that both parts face almost the same challenges from unmet needs to emaciating struggles of survival. However, the English-speaking part has unique plaques that ache terribly and have nothing to do with the country’s general cry of lagging development. They touch on its identity and survival, unleashing pain many out of its shoes might fail to feel and so unable to understand the degree of excruciation. I caution that though it has been a show of two regions, the likelihood of someday evolving into a ten-region revolution is certain if wise and inclusive actions are not applied. Apart from groaning in their own pain, many among the other eight are sympathetic to the predicament of the lamenting two, expressing fury, first, against the denial by highly placed authorities of the existence of any problem, and second, in their ruthless and brutal treatment of those who complain or challenge their stance. Anger increased as people's patience waned. Their calm will not last if things stay unchanged. When arguments evolve and accommodate their worries they will get on board pushing the heat to levels officials will have problems containing without facing the temptation of fighting the people they are in office to protect. I end with recommendations the state and activists might find useful. They highlight measures that can help in a heterogeneous society like Cameroon to preserve peace and save it from becoming a scene of mayhem and butchery.


Stasis ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 16-38
Author(s):  
Janar Mihkelsaar

In this article, I argue that at the center of Jean-Luc Nancy’s approach to the political lies the thinking of subject as that of relation. Throughout the historical actualizations of, for example, the individual, the state, or the people as a subject, the problematic of relation is one that has retreated and now demands to be subjected to a retreatment. When the arche-teleological presuppositions that constitute subject as that which is given enter the phase of deconstruction, subject comes to present itself as nothing but the activity of relating itself to itself. I respond to Nancy’s call to invent “an affirmation of relation” by way of rethinking the logics of sovereignty and democracy. While sovereignty unites, posits, finitizes, and finishes the self of the people, a post-68 democracy pluralizes, infinitizes, and disfigures the identity of the people. Between sovereignty and democracy, notwithstanding their conflicting tenets, the relation is not that of reciprocal exclusion. One is rather the correlative of the other. Without the one, the other would not make any sense. Through this Janus-faced economy of the political, the people can experience its own “reality”—to experience relation itself. The affirmation of relation is what gives and keeps free the voided site of the political for the infinite self-institution of the people, and for that reason is political par excellence.


Trictrac ◽  
2018 ◽  
Vol 10 ◽  
Author(s):  
Petru Adrian Danciu

Starting from the cry of the seraphim in Isaiahʹ s prophecy, this article aims to follow the rhythm of the sacred harmony, transcending the symbols of the angelic world and of the divine names, to get to the face to face meeting between man and God, just as the seraphim, reflecting their existence, stand face to face. The finality of the sacred harmony is that, during the search for God inside the human being, He reveals Himself, which is the reason for the affirmation of “I Am that I Am.” Through its hypnotic cyclicality, the profane temporality has its own musicality. Its purpose is to incubate the unsuspected potencies of the beings “caught” in the material world. Due to the fact that it belongs to the aeonic time, the divine music will exceed in harmony the mechanical musicality of profane time, dilating and temporarily cancelling it. Isaiah is witness to such revelation offering access to the heavenly concert. He is witness to divine harmonies produced by two divine singers, whose musical history is presented in our article. The seraphim accompanied the chosen people after their exodus from Egypt. The cultic use of the trumpet is related to the characteristics and behaviour of the seraphim. The seraphic music does not belong to the Creator, but its lyrics speak about the presence of the Creator in two realities, a spiritual and a material one. Only the transcendence of the divine names that are sung/cried affirms a unique reality: God. The chant-cry is a divine invocation with a double aim. On the one hand, the angels and the people affirm God’s presence and call His name and, on the other, the Creator affirms His presence through the angels or in man, the one who is His image and His likeness. The divine music does not only create, it is also a means of communion, implementing the relation of man to God and, thus, God’s connection with man. It is a relation in which both filiation and paternity disappear inside the harmony of the mutual recognition produced by music, a reality much older than Adam’s language.


2020 ◽  
Vol 10 (3) ◽  
pp. 43-57
Author(s):  
See Seng Tan

Abstract: The longstanding effort to develop a people-based regionalism in Southeast Asia has been shaped by an inherent tension between the liberal inclination to privilege the individual and the community under formation, on the one hand, and the realist insistence on the primacy of the state, on the other. This article explores the conditions and constraints affecting ASEAN’s progress in remaking Southeast Asia into a people-focused and caring community in three areas: disaster management, development, and democratization (understood here as human rights). Arguably, the persistent gap in Southeast Asia between aspiration and expectation is determined less by political ideology than by the pragmatic responses of ASEAN member states to the forces of nationalism and protectionism, as well as their respective sense of local and regional responsibility.Resumen: El esfuerzo histórico para desarrollar un regionalismo basado en las personas del sudeste de Asia ha estado marcado por una tensión fundamental entre la inclinación liberal de privilegiar el individuo y la comunidad y la insistencia realista sobre la primacía del estado. Este artículo explora las condiciones y limitaciones que afectan el progreso de la ASEAN en la reestructuración de Asia sudoriental en una comunidad centrada en el cuidado de las personas en: gestión de desastres, desarrollo y democratización (i.e., derechos humanos). La brecha persistente en el sudeste asiático entre la aspiración y la expectativa está determinada por las respuestas pragmáticas de los miembros de la ASEAN sometidos a las fuerzas del nacionalismo y proteccionismo, así como su respectivo sentido de responsabilidad local y regional.Résumé: L’effort historique pour développer un régionalisme fondé sur les peuples en Asie du Sud-Est a été marqué par une tension fondamentale entre l’inclination libérale qui privilégie, d’une part, l’individu et la communauté et, d’autre part, l’insistance réaliste sur la primauté de l’État. Cet article explore les conditions et les contraintes qui nuisent aux progrès de l’ANASE dans le cadre d’une refonte de l’Asie du Sud-Est en une communauté centrée et attentive aux peuples dans trois domaines : la gestion des désastres, le développement et la démocratisation (en référence aux droits humains). Le fossé persistant en Asie du Sud-Est entre les aspirations et les attentes est vraisemblablement moins déterminé par l’idéologie politique que par les réponses pragmatiques des États membres de l’ANASE soumis aux forces du nationalisme et du protectionnisme ainsi que par leur sens respectif de la responsabilité locale et régionale.


Author(s):  
David Rondel

This chapter distinguishes between “vertical” and “horizontal” egalitarianism. The vertical and horizontal metaphors differentiate primarily between two types of relationship in which equality is said to play an important role—the “vertical” relationship between state and citizen, on the one hand, and the “horizontal” relationship between or among the people of a society, on the other. But the distinction may be used in a wider way to track several issues around which egalitarian theories tend to diverge: about what a commitment to equality ultimately means; about to whom or what egalitarian principles are meant to apply; about how equality is achieved and what its achievement looks like, and about how theorizing on equality is properly or most promisingly undertaken.


Author(s):  
Peter Coss

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.


Author(s):  
Matthew H. Kramer
Keyword(s):  

Most critiques of edificatory perfectionism concentrate on the detrimental effects that will be undergone by the people whose lives the edificatory perfectionists are seeking to improve. Chapter 6 shifts the focus to the officials who formulate and implement the policies that produce such effects. On the one hand, Rawlsians and other contractualists quite rightly demur at the disrespect that is shown by edificatory perfectionists toward the putative beneficiaries of the measures which the perfectionists advocate. On the other hand, the contractualists largely neglect to take account of the ways in which the edificatory-perfectionist measures degrade the whole system of governance wherein they occur. Chapter 6 highlights that degradingness as it draws attention to the quidnunc mentality that is evinced by the officials who adopt and administer the laws for which the edificatory perfectionists have called.


2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.


Author(s):  
José Duke S. Bagulaya

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.


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