Observations on Some Tribulations of Civility

1980 ◽  
Vol 15 (3-4) ◽  
pp. 528-545
Author(s):  
Edward Shils

THE INSTITUTIONAL ARRANGEMENTS REQUIRED FOR THE freedom of expression of beliefs and the representation of intertests and ideals – both of which can be divisive – can function effectively in society if those who use them for their own particularistic ends are at the same time restrained by an admixture of civility. Public liberties are conditions of the proposition, confrontation and persuasion of contending beliefs, of their cultivation in autonomous corporate bodies and of their presentation to public authorities. Representative institutions are the arrangements through which contending beliefs and interests are brought forward, considered and taken into account in the making of laws governing the territorially bounded society. The institutions in which beliefs and desires or interests are proposed and confronted in argument and the institutions in which beliefs and interests are taken into account and digested discriminatingly into law cannot work acceptably without some constituent civility and consensus of the contending parties. If the contending parties are vehemently irreconcilable and if effectively contending beliefs and interests are very widely disparate, one or another of the groups will resist physically or seek to impose its will by coercion and actual violence on the other. The representative institutions cannot moreover work effectively if they have too many tasks to master and if the different contending parties within them are irreconcilable to the point where they deny the legitimacy of the institutions themselves, of the procedures for arriving at decisions and the decisions themselves, should those decisions be uncongenial to their own beliefs and interests.

Author(s):  
Carrol Clarkson

Carrol Clarkson’s chapter wrestles with the contentious question of Coetzee’s relation to the Black Consciousness Movement in South Africa of the 1970s and early 1980s, which took its philosophical bearings from Frantz Fanon and found expression in the writings of Steve Biko. Clarkson focuses on the ways in which Coetzee departed from the ideas about writing and resistance that were circulating in his contemporary South Africa, particularly as articulated by novelist Nadine Gordimer. Clarkson discusses two related literary-critical problems: an ethics and politics of representation, and an ethics and politics of address, showing how Coetzee explores a tension between freedom of expression and responsibility to the other. In the slippage from saying to addressing we are led to further thought about modes and sites of consciousness—and hence accountabilities—in the interlocutory contact zones of the post-colony. The chapter invites a sharper appreciation of what a postcolonial philosophy might be.


Author(s):  
Ulf Brunnbauer

This chapter analyzes historiography in several Balkan countries, paying particular attention to the communist era on the one hand, and the post-1989–91 period on the other. When communists took power in Albania, Bulgaria, Romania, and Yugoslavia in 1944–5, the discipline of history in these countries—with the exception of Albania—had already been institutionalized. The communists initially set about radically changing the way history was written in order to construct a more ideologically suitable past. In 1989–91, communist dictatorships came to an end in Bulgaria, Romania, Yugoslavia, and Albania. Years of war and ethnic cleansing would ensue in the former Yugoslavia. These upheavals impacted on historiography in different ways: on the one hand, the end of communist dictatorship brought freedom of expression; on the other hand, the region faced economic displacement.


2020 ◽  
Author(s):  
Ivonete Pereira

“The children of Eve”: poor children and teenagers in the shadow of delinquency and abandonment in Florianópolis – 1900-1940 This book analyzes the discourses of intellectuals, jurists, and public authorities about poor children and teenagers in Florianópolis in the first four decades of the twentieth century. In the country’s pedagogical knowledge in that century, childhood had a “natural plasticity”, therefore susceptible to molding. Thus, shaping the child and adjusting it to the ideals of a “civilized” society became the pivot of passionate discourses in State Chambers and Federal Congress, as well as in the intellectual environment. In those, poor children and adolescents became synonyms of “abandoned” and/or “perverted. The discourses ranged from defending those children and adolescents, to protecting society against them, since they also “represented” a threat to the nation’s “order and progress”. When analyzing the experiences of those children we penetrate in a world of the “pitiful” and the “dangerous”, as well as in a network of intrigues. In it not only the “minors” were subject to a project of exclusion under the aegis of differentiated inclusion, but everyone that represents “the other”, the one that does not fit the normative system which, in that moment, was regarded as “universal and absolute”.


2021 ◽  
Vol 19 (1) ◽  
pp. 1-18
Author(s):  
Nikolay Antsiferov

The article is devoted to the problems of the legal organization of public authority in the context of ensuring social interest. Given the idea of constitutionally limited power, the study considers two key elements of the mechanism for ensuring social interest - organizational and legal. The content of these elements is considered in the logic of their relationship with one another. Conclusions are made about their complementarity, on the one hand, and a certain degree of competition, on the other hand, and the problems of collisions between the elements under consideration are also revealed.


2021 ◽  
pp. 33-46
Author(s):  
Huib Schippers

While we rightly pride ourselves on great depth and nuance in working with communities as ethnomusicologists, it is harder to claim the same qualities in how many of us regard, approach, and describe power structures. With public-facing ethnomusicology on the rise, there is both room and a need for more insightful approaches to working constructively with those in power, as various forms of structures (public authorities, NGOs, funding bodies, and even businesses) are crucial in turning projects with ambitions beyond academic impact into reality, benefiting musicians, communities, and other stakeholders. This is a critical juncture that distinguishes applied ethnomusicology; in this arena, a project without a clear strategy and support is just an idea. This chapter is based on more than forty years of negotiating spaces between dreams and ambitions of musicians and communities from myriad cultures on one hand, and on the other the ideas, forces and structures that drive those that fund, support, or otherwise enable cultural practices in different countries.


Author(s):  
David J. Gerber

European competition law is the other central player in the competition law world, so an entire chapter is devoted to understanding how it works and how to deal with it. Virtually all firms operating beyond their own national boundaries need to pay attention to it, many regimes use it as a model and reference point, and its institutions have broad and often deep influence on many others. Some aspects of the substantive law are similar to US antitrust, but the similarities are sometimes misleading. For example, EU law uses economic analysis in ways that often differ from how it is used in the US. Procedural and institutional arrangements are often complicated. They represent multiple voices, as national and EU institutions function together to create, apply, and enforce competition law. The chapter reveals how this system functions and what factors guide decisions in it. It looks, in particular, at the institutional arrangements between the EU and its member states, including the role of the European Competition Network.


2020 ◽  
Author(s):  
Livia Johannesson ◽  
Noomi Weinryb

Abstract In this paper, we explore the assumption that blame-attribution can be an effective rhetorical strategy for non-elite interest groups who want power holders to be attentive to their demands. Through a qualitative analysis of two pro-migrant campaigns led by grassroot activists in Sweden, one taking place in 2005 and the other in 2017, we offer a nuanced empirical examination of non-elite initiated blame-games. We show how perceived responsibility influences these blame-games, and explore which policy consequences might emanate from them. We demonstrate that blame-making, under certain conditions, can be a successful strategy to gain policy influence, but that this strategy is conditioned by the complexity and transparency of the institutional arrangements of accountability within the policy sector. The focus on non-elite blame-making in order to change policies enables us to contribute to the theoretical discussion on the relationship between anticipatory and reactive forms of blame-avoidance behaviours, and to discuss the democratic implications of blame-games in both shorter and longer time perspectives. One implication of this study is that successful non-elite blame-making at one point in time actually can lower the chances of successful blame-making in the future.


2019 ◽  
Vol 52 (1-2) ◽  
pp. 1-8
Author(s):  
Jurij Toplak ◽  
Boštjan Brezovnik

European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’


2013 ◽  
Vol 28 (70) ◽  
Author(s):  
Louise Brix Jacobsen ◽  
Henrik Skov Nielsen ◽  
Rikke Andersen Kraglund

Louise Brix Jacobsen, Rikke Andersen Kraglund & Henrik Skov Nielsen: “Selfsacrifice. On Right and Reasonableness among Foes and Friends, and on Judging the Living and the Dead in Max Kestner’s film I am Fiction”In 2011, the performance artist Thomas Skade-Rasmussen Strøbech lost a lawsuit against his former friend and collaborator Helge Bille Nielsen and the publishing house of Gyldendal. This led to a debate about copyright, freedom of expression, identity, and the line between fiction and reality. In 2008, Nielsen or Das Beckwerk published the novel The Sovereign where Strøbech – seemingly without his knowledge and apparently against his will – is the main character. About a year after losing the lawsuit Strøbech and film director Max Kestner gives his version of the events before, during, and after the trial in the film I am Fiction (Identitetstyveriet). This article analyzes I am fiction in order to show how the film on the one hand outlines Strøbech’s version of the events as a story about a victim but on the other hand undermines this version with humor and irony and points towards an artistic collaboration between alleged victim and villain.


2002 ◽  
Vol 22 (4) ◽  
pp. 613-634 ◽  
Author(s):  
MARCELA MIOZZO

ABSTRACT East Asian countries have been successful at specialising in machinery and capital goods. Latin American countries, on the other hand, have retreated from these sectors, reinforcing their specialisation in resource-intensive goods. Institutional arrangements in place in both regions explain these divergences. In particular, the differences in the strategy and structure of leading firms, the nature of industrial promotion by the government, the development and support of small and medium-sized firms and the operation of foreign-owned firms may explain the respective success and failure in sectoral specialisation in machinery. Failure to develop these sectors may hinder the process of economic development.


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