Time Heals All Regimes: Temporality, Somali Oral Law, and the Illegality of African Dictatorships

2020 ◽  
pp. 151-185
Author(s):  
Peter Leman
Keyword(s):  
Legal History ◽  
The State ◽  
Oral Poetry ◽  
State Of Emergency ◽  
Nuruddin Farah ◽  
The Future

Chapter three examines the emergence of dictatorships in post-independence Africa. In his dictatorship-trilogy (1979-1983), Nuruddin Farah provides a fictional account of the state of emergency that was Siad Barre’s dictatorship in Somalia (1969-1991). Like Okot and Ngũgĩ, Farah also draws heavily on oral conventions, specifically those tied to Xeer, or Somali oral law. However, legalistic orature in Somalia is available not only to revolutionaries but to the dictator himself, who turns oral poetry to his purposes. Farah, therefore, asks: if orature can serve injustice as easily as justice, can it be effective in challenging dictatorial power? The presence of orality coincides once again with a temporal motif, punctuated at the end of each novel with formal open-endedness. In the context of Somalia’s legal history, this open-endedness provides a definite, though perplexing, solution to the problem of colonial/postcolonial crisis seen in previous chapters: as one of Farah’s characters observes, “time was ultimately a decider.” This suggests that however indefinite a dictator’s rule may seem to be, however indefinite the crisis, time will eventually outlive agents of injustice. Dictators will die. Regimes will pass on. And, hopefully, justice will prevail, even if in a “future beyond the future of a future.”

Ghostly pasts and postponed futures: The disorder of time during the corona pandemic

2021 ◽  
pp. 175069802110540
Author(s):  
Siobhan Kattago
Keyword(s):  
Linear Time ◽  
The State ◽  
Greek Language ◽  
State Of Emergency ◽  
The Past ◽  
The Future ◽  
Present Tense ◽  
Ordinary Time ◽  
Chronological Time

Since the first lockdown in March 2020, time seems to have slowed to a continuous present tense. The Greek language has three words to express different experiences of time: aion, chronos and kairos. If aion is the boundless and limbo-like time of eternity, chronos represents chronological, sequential, and linear time. Kairos, however, signifies the rupture of ordinary time with the opportune moment, epiphany and redemption, revolution, and most broadly, crisis and emergency. This paper argues that the pandemic is impacting how individuals perceive time in two ways: first, as a distortion of time in which individuals are caught between linear time ( chronos) and rupture ( kairos) invoking the state of emergency and second, as an extended present that blurs the passing of chronological time with its seeming eternity ( aion). As a result of the perceived suspension of ordinary time, temporal understandings of the future are postponed, while the past hovers like a ghost over the present.

Ein Musterentwurf mit Schlagseite zulasten der Freiheit

2020 ◽  
Vol 53 (1) ◽  
pp. 39-62
Author(s):  
Bodo Pieroth
Keyword(s):  
Constitutional Law ◽  
Legal History ◽  
Comparative Law ◽  
The State ◽  
Point Of View ◽  
Preventive Detention ◽  
Legal Concept ◽  
State Of Emergency ◽  
Preceding Article ◽  
Police Detention

This contribution, entitled “A Sample Draft with a Tendency towards Curtailing Freedom”, critically examines the planned project of a standardised police act (Musterpolizeigesetz). This template legislation is discussed by Markus Thiel in the preceding article. Firstly, the lead commission’s approach to standardise “the maximum that is permissible from a constitutional point of view” is considered misguided. It makes extremely one-sided use of the legislator’s corridor between freedom and security, and jeopardises the project as a whole - a project that makes sense in itself. Secondly, the legal concept of “impending danger”, which has already found its way into recent amendments to state police legislation, is criticized linguistically, constitutionally, and politically. The attempt is made to achieve the necessary police-law defence against terrorism through careful adjustments, rather than by overcoming the tried and tested constitutional dogma of the terms “danger” and “responsibility”. Thirdly, reasons are given for why preventive police detention infringes European and constitutional law. Detention is imposed without the existence of a concrete danger, or for a period exceeding 14 days. It is recalled that, in terms of legal history and comparative law, preventive detention is a typical instrument of the state of emergency and of regimes of injustice.

Obecny stan badań nad Zagładą na Ukrainie

2014 ◽  
pp. 889-915
Author(s):  
Anna Abakunkova
Keyword(s):  
Future Development ◽  
The State ◽  
Significant Part ◽  
Educational Organizations ◽  
Major Research ◽  
Holocaust Studies ◽  
The Holocaust ◽  
The Future

The article examines the state of the Holocaust historiography in Ukraine for the period of 2010 – beginning of 2014. The review analyzes activities of major research and educational organizations in Ukraine which have significant part of projects devoted to the Holocaust; main publications and discussions on the Holocaust in Ukraine, including publications of Ukrainian authors in academic European and American journals. The article illustrates contemporary tendencies and conditions of the Holocaust Studies in Ukraine, defines major problems and shows perspectives of the future development of the Holocaust historiography in Ukraine.

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

Collective Memory: Between Values and Historical Knowledge

2020 ◽  
pp. 124-142
Author(s):  
VICTOR BURLACHUK
Keyword(s):  
Twentieth Century ◽  
Soviet Union ◽  
Collective Memory ◽  
Rapid Change ◽  
Modern Society ◽  
The State ◽  
Main Element ◽  
Rapid Decline ◽  
The Past ◽  
The Future

At the end of the twentieth century, questions of a secondary nature suddenly became topical: what do we remember and who owns the memory? Memory as one of the mental characteristics of an individual’s activity is complemented by the concept of collective memory, which requires a different method of analysis than the activity of a separate individual. In the 1970s, a situation arose that gave rise to the so-called "historical politics" or "memory politics." If philosophical studies of memory problems of the 30’s and 40’s of the twentieth century were focused mainly on the peculiarities of perception of the past in the individual and collective consciousness and did not go beyond scientific discussions, then half a century later the situation has changed dramatically. The problem of memory has found its political sound: historians and sociologists, politicians and representatives of the media have entered the discourse on memory. Modern society, including all social, ethnic and family groups, has undergone a profound change in the traditional attitude towards the past, which has been associated with changes in the structure of government. In connection with the discrediting of the Soviet Union, the rapid decline of the Communist Party and its ideology, there was a collapse of Marxism, which provided for a certain model of time and history. The end of the revolutionary idea, a powerful vector that indicated the direction of historical time into the future, inevitably led to a rapid change in perception of the past. Three models of the future, which, according to Pierre Nora, defined the face of the past (the future as a restoration of the past, the future as progress and the future as a revolution) that existed until recently, have now lost their relevance. Today, absolute uncertainty hangs over the future. The inability to predict the future poses certain challenges to the present. The end of any teleology of history imposes on the present a debt of memory. Features of the life of memory, the specifics of its state and functioning directly affect the state of identity, both personal and collective. Distortion of memory, its incorrect work, and its ideological manipulation can give rise to an identity crisis. The memorial phenomenon is a certain political resource in a situation of severe socio-political breaks and changes. In the conditions of the economic crisis and in the absence of a real and clear program for future development, the state often seeks to turn memory into the main element of national consolidation.

Парламент или Советы: российский выбор 1918 года

2016 ◽  
Vol 14 (3) ◽  
pp. 93-99
Author(s):  
Игорь А. Исаев
Keyword(s):  
Legal History ◽  
Direct Action ◽  
The State ◽  
European Countries ◽  
The Political ◽  
Political Systems ◽  
Basic Principles ◽  
Political Form ◽  
The Revolution

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.

Asymmetries of Spatial Contestations

Contention ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 49-69 ◽  
Author(s):  
Tareq Sydiq
Keyword(s):  
The State ◽  
The Social ◽  
The Future

Based on fieldwork carried out from 2017 and 2018, this article examines various attempts to both organize publicly and disrupt such attempts during the Iranian protests during that time. It argues that interference with spatial realities influenced the social coalitions built during the protests, impacting the capacity of actors to build such coalitions. The post-2009 adaptation of the state inhibited cross-class coalitions despite being challenged, while actors used spatial phrasing indicating they perceived spatial divisions to emulate political ones. Meanwhile, in the immediate aftermath of the December 2017 protests, further attempts to control protest actions impacted not only those who would be able to participate in such events in the future, but also those who felt represented by them and who would be likely to sympathize with them. Based on the spatial conditions under which coalitions form, I argue that asymmetrical contestations of spatiality determined the outcome of the December 2017 protests and may contribute to an understanding of how alliances in Iran will form in the future.

Comparative characteristics of educational stress and mental health of senior medicine students at different universities (results of an interregional study)

2020 ◽  
pp. 34-46
Author(s):  
Victoria Ruzhenkova ◽  
Irina Sheremet’eva ◽  
Viktor Ruzhenkov
Keyword(s):  
Mental Health ◽  
Medical Students ◽  
The State ◽  
Panic Attacks ◽  
Stress Factors ◽  
Anxiety And Depression ◽  
State University ◽  
The Future ◽  
Training Stress ◽  
Medical University

Stress negatively affects the mental health of students, causes anxiety and depression, leads to poor academic performance, lowers level of professional training and success in the future. The purpose of the research is to study the state of mental health of medical students to develop recommendations for the prevention of maladaptation. Materials and methods. 252 5-year students aged 20–29 (22 ± 1,1) years, 168 (66,7 %) females and 84 (33,3 %) males (137 students of Belgorod State University and 115 of Altay State Medical University (ASMU)) were examined by medico-sociological and psychometric methods. Results. It was established that every fifth student of the Belgorod State University and every third of the ASMU did not enter the medical university on their own initiative. Less than half (43 %) of Belgorod State University students and 30.4 % of the ASMU ones are convinced that the choice of profession was correct, 35 and 37.4 % are, consequently, completely disappointed with it. Students of Belgorod State University dealt with training stress factors poorer and, as a result, have more pronounced mental symptoms of training stress, difficulties in organizing the daily regimen, irregular nutrition, and fear of the future. Regardless of the region of studying, the number of students not committed to the medical profession, after 5 years of study, is more than 3 times higher among those who enter the university not on their own initiative. Students of the ASMU hit substances, skipped classes, played computer games and took sedative drugs more often to overcome academic stress. The degree of anxiety before the exams in students of Belgorod State University was higher (9 points) than in their peers from the State Medical University (7 points). An extremely high (8–10 points) level of anxiety before exams was characteristic of 75,9 and 44,3 % of students, respectively. The former were more likely to experience clinically significant panic attacks: 27,7 and 6,1 %. Conclusion. Given the high incidence of social phobia (19,1–24,1 %), depression (22,6–32,2 %) and anxiety (21,9– 27,8 %) among medical students, the development and implementation of psycho-correctional programs aimed at the formation of adaptive ways to overcome stress, reduce anxiety and depression is required. This will prevent the development of psychosomatic disorders and addictions.

PANCASILA DAN IDENTITAS KE-INDONESIA-AN: Sebuah Catatan Krisis

2018 ◽  
Vol 16 (2) ◽  
pp. 43
Author(s):  
Muchid Albintani
Keyword(s):  
Political Party ◽  
Direct Democracy ◽  
Identity Crisis ◽  
The State ◽  
The Future ◽  
Electoral Regime ◽  
National Consensus

The term there is no legislation under development of Pancasila as the basis of the state, but theposition of Pancasila is unshakeable. The anti-Pancasila attitude must also be anti-diversity that can live as a nation and a state [national crises]. Without affirmation or not in the legislation, Pancasila is the ‘foundation and ideology of the state’. Based on the fact that there is irrelevant when the question arises, whether Pancasila is still needed as the basis of state and nation, or is Pancasila still needed as a source of national law that explicitly needs to be affirmed into the1945 Constitution and the sanctions of Pancasila tabulatively? This paper is an assertion of [reinforcement] of the Pencasila as an ideology into the 1945 Constitution or not, highly dependent on the winning electoral regime and the ‘election-winning political party’. Pancasila as ‘the foundation and ideology of the state’ becomes the determinant of ‘as close as the regime of the results of the practice of direct democracy’. Therefore, the affirmation of the essentials in building a lasting and harmonious life of fellow children of the nation in the future. Recognizing the reintroduction of the Indonesia’s identity of essence of Pancasila as the ideology of nation and state is based on ‘national consensus’. This awareness is resilient, so that a country that has been established for more than 73 years does not experience an identity crisis. 

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