The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and (...) policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! (...) Immediately after the member states of the Union failed to agree the draft treaty on European Constitution at the Intergovernmental Conference ending on December 13, 2003, the Frankfurter Allgemeine Zeitung provided two full pages of political coverage under the rubric “After the Failure [or ‘running aground’] of Brussels— The EU in Crisis”, and on the front page reported “The EU at an Uncertain Future” [2]. Six months later, on the day after those same states agreed a Treaty Establishing a Constitution for Europe, The Irish Times reported that Sweden still supported the EU, but not the Euro, and that EU Council President Bertie Ahearn, the Irish Prime Minister, thanked all those who helped with ‘a ship that has been safely docked today’ [5]. Ships are useful not when they remain in port, but rather when they move, so six months later, after nearly four decades of failed attempts, on December 17, 2004, Turkey was given the possibility of opening talks for accession to the European Union. From the European docks of Ireland, Germany, Sweden, and the UK, there are contributions in this special edition of Futures on “The Futures of Europe”. Even within the geographic limits of Europe, the ships come at different speeds, as represented by two authors from outside the Eurozone and four within. There are also contributions from a ship between ports in Italy and the USA and from a ship between Germany and Turkey. And there is something from that port across the ocean—the USA. What may be perhaps the most telling contribution to this volume, however, is the one that is not here. I had invited a colleague from Beijing to provide a prospective from China on the futures of Europe, and he had enthusiastically accepted. (shrink)

At the invitation of the Commission for World Mission and Evangelism (CWME) of the World Council of Churches (WCC) in collaboration with different associations involved in mission and ecumenical studies, the Regional Center for Central and Eastern Europe convened at the Faculty of Orthodox Theology of the Babes-Bolyai University, Cluj-Napoca, Romania, through its Center for Mission and Nomocanonical Studies (CMNS, in collaboration with the Central and Eastern European Association for Mission Studies (CEEAMS). Its aim was to reflect on (...) how the International Missionary Council (IMC) has influenced mission theology and practice in Central and Eastern Europe, taking into account different contextual realities. (shrink)

The Council of Europe’s 2008 White Paper on Intercultural Dialogue: ‘living together as equals in dignity’ points to the need for shared values upon which intercultural dialogue might rest. In order, however, to overcome the monologic separateness that threatens community, we must educate ourselves to recognize the dialogism of our humanity and to engage in deep encounters with others with a mature skepticism of all dogmatisms, including our own. In order to aid us in reaching the necessary insight, (...) the author calls upon Bakhtin’s ideas of the dialogism of every utterance and of the unity and heteroglossia of language, Gadamer’s hermeneutical experience that shakes us loose from what we think we know, and Levinas’s description of that transcendent ideal of a dialogue beyond reciprocity. These perspectives break open our certainty that tribalism and individualism are fundamental, placing them instead as secondary phenomena that, though powerful, pronounce neither the initial nor the final word on our life together. (shrink)

The present paper is an attempt at examining the value configuration and the socio-demographical profiles of the local political elites in four countries of East-Central Europe: Romania, the Czech Republic, Bulgaria, and Poland. The treatment is a comparative one, predominantly descriptive and exploratory, and employs, as a research method, the case-study, being a quite circumscribed endeavor. The cases focus on the members of the Municipal/Local Council in four towns similar in terms of demography and developmental strategies (i.e. small-to-medium (...) sized communities of around 35,000 inhabitants, with economies largely based on food industry and commercial activities): Tecuci (Galați county, Romania), Česká Lípa (Liberec region, Czech Republic), Targovishte (Targovishte province, Bulgaria), and Oleśnica (Lower Silesia province, Poland). Hypothesizing that the local elites of the former Sovietized Erurope tend to differ in outlook, priorities, and value attainment, as compared to their Western counterparts, the paper considers the former’s attitudes and perspectives in regard to seven values: a series of values customarily connected with the concept of ‘democracy’ (i.e. citizen participation, political conflict, gradual change, economic equality), state intervention in economy, decentralization and increased local autonomy, cultural-geographical self-identification. The study uses, as well, five models of value attainment in what concerns the ‘ideal portrait’ of the local councilor (Putnam 1976): ethical, pragmatic, technocratic, political, and gender. According to the results of a study applying a standard written questionnaire among the local councilors of the three communities in the period December 2010-February 2013, the paper distinguishes among three corresponding types of local elites: (1) ‘predominantly elitistic,’ (2) ‘democratic elitist,’ and (3) ‘predominantly democratic,’ following two types of explanation accounting for the differences among the four cases: the legacy of the defunct regime and the degree of administrative decentralization. (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global (...) civil society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (shrink)

This research examines the most important historical, political, economic, social, cultural, and religious factors before, during, and after the reign of Communism in Czechoslovakia from 1918 to 2021 and their effect on the extreme increase in atheism and decrease in Christianity, particularly Roman Catholicism, in the present-day Czech Republic. It devotes special attention to the role of the Clandestine Catholic Church (Ecclesia Silentii) and the changing policies of the Holy See vis-à-vis this Church, examining these policies' impact on the continuing (...) decline of Roman Catholicism in the Czech Republic after the collapse of Communism. The article also deals with Pope Pius XII's Secret Mandates of 1948-1950, the Second Vatican Council, and the Holy See's Ostpolitik. Scholars, who previously relied only on the views of the Czechs, blame the unprecedented drop in Christianity, the near-total destruction of the Catholic Church, and the rise in atheism on the Czechoslovak communist government's four decades of totalitarianism. Although the increase in atheism and decrease in Christianity were substantial during the era of Communism from 1948 to 1989, our data indicate that the decline in Christianity, particularly the historically predominating Roman Catholicism, did not commence with the 1948 communist coup d’état but traces its origins to the breakdown of the Austro-Hungarian Empire after the conclusion of WWI and the establishment of Czechoslovakia on October 28, 1918. What's more, this research shows that the most significant and unprecedented steep deterioration of the Christian Faith, namely Roman Catholicism, did not occur during the era of Communism but only after the Czechoslovak communist government collapsed in 1989. This massive decay did not happen even during the most extraordinary communist persecution of the Catholic Church during the era of Stalinism in Czechoslovakia. This research further finds that the Holy See's ill-advised policies and systematic, sustained, and prevalent failures in leadership, guidance, and teachings are responsible for the near destruction of the Roman Catholic Church and especially the end destruction of the Clandestine Catholic Church (Ecclesia Silentii), in the Czech and Slovak Republics after the fall of Communism. These failures furthermore contributed to the Czech Republic, the historical lands of Bohemia and Moravia that once were in the center of Christendom, degenerating into the most atheist country in Europe and the world today. (shrink)

One of the purposes of the Bologna Process was to facilitate the construction of a Europe of Knowledge through educational governance, yet it fails to reach its purpose because of several unexplained assumptions that undermine the conceptual standing of the whole project; it is the purpose of this paper to bring these assumptions to light. -/- A knowledge economy cannot exist without the knowledge workers which were previously formed in educational institutions, therefore the project for a Europe of (...) Knowledge is usually linked with the educational policies especially those affecting the higher education institutions. -/- One such policy area is the Bologna Process which explicitly traces its purpose to the construction of an educational system that will facilitate the smooth delivery of employable graduates to the European labor market. This presentation has two purposes. First to show through a textual analysis of the Bologna ministerial declarations how the subject of higher education is constructed to single out the European citizen, understood in a narrow sense as the employable, mobile and skilled graduate. Second, to show that the notion of citizenship used in the Bologna declarations is ill-construed. -/- Starting from T. H. Marshall’s classical distinction between the three understandings of citizenship (civic, political, and social), this paper will show that the Bologna discourse on citizenship borrows and mixes illegitimately from the three notions, without making it explicit why such a hybrid notion of citizenship is used in the first place. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 at (...) his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

In many respects, modernity had a dehumanizing effect on human beings, by its individualist or collectivist societies, by its reductionist way of conceiving reality in terms of mathematical forms and organic structures, or by its tendency—at least in certain theological circles—to understand God in terms of an Absolute Subject. In this article, we intend to suggest a way in which Christianity could offer a solution to this situation, by providing a communal model of defining the authentic human being. According to (...) this model, to be a real human means to be a person who lives in real communion with other human beings. Therefore, one of the goals of this essay is to understand the concepts of person and communion. In order to do that, an important step would be that of discovering, by following the nietzschean example, the genealogy of the concept of person. The French personalist philosopher Denis de Rougemont suggested that this concept has its origin in the fourth century AD, being a consequence of the creedal formulations of the Ecumenical Councils. In this sense, he stated that: If Europe is to survive, it needs to return to the roots of its spirituality, stated for the first time at the Councils of Niceea and Chalcedon (De Rougemont, 1957, 40) The present essay intends to develop this argument, showing the ways in which various thinkers, more or less contemporary with us, illustrated and deepened De Rougemont’s thesis. (shrink)

Broadly defined, government corruption is the abuse of public power for private gain. It can assume various forms, including bribery, embezzlement, cronyism, and electoral fraud. At root, however, government corruption is a problem of trust. Corrupt politicians abuse the powers entrusted to them by the electorate (the principal-agent problem). Politicians often resort to corruption out of a lack of trust that other politicians will abstain from it (the collective action problem). Corruption breeds greater mistrust in elected officials amongst the public. (...) The problem of trust is compounded where a lack of transparency and asymmetric information impede effective control over the exercise of public powers. (shrink)

The idea of Europe has already a long history and beyond its ethical attractiveness it became victorious in the political praxis of the 2nd half of the 20th century first of all as a motive force serving the aim of a long-term restoration of peace in the post-war Western Europe and then as a unifying principle for the whole continent after the collapse (implosion) of “really existing socialism”. A little later, in the course of the expansion of the (...) free market economy towards the previously centralized economies of Eastern Europe it soon became obvious that the idea of Europe was not everywhere interpreted the same way and that in some cases it seemed to cause more problems than the ones it should have solved. Especially the current refugee crisis that has initially emerged in the so-called developing world outside of Europe but nevertheless significantly affects the Old Continent can be seen as a major theoretical and practical challenge around the fundamental sustaining (and in itself sustainable) concept of European openness: i.e. in order to remain open in its internal function the liberally organized Europe has to close its outer borders and to decisively limit the access of many humans to its single common market, thus imposing obstacles to the generalization of prosperity and liberty that once were felt as its core values. We will try to show that apart from the immediate cultural, ideological and strategic aspects of such phenomena and the often unavoidable pitfalls of short-term decision making it is important to study and explore the necessity of the current processes. The idea of Europe became, at least partly, synonymous with the overall economical and social globalization of our times whereas such a major process cannot unfold its inherent dynamic without the constitutive role of certain crises that eventually pose existential challenges or otherwise enable the stabilization of the newly emerging system(s). (shrink)

Even with Brexit, the European Union will remain a market of more than 450 million people and a prominent promoter of Western values shared by Australia. Given that the EU has been Australia’s largest investor and economic partner for the past 25 years, it is pertinent to reflect on what an EU without Britain might look like.

In 1513, the Fifth Council of the Lateran significantly impacted on early-modern Christian philosophy. As is well known, the papal bull Apostolici regiminis condemned certain philosophical doctrines contradicting the personal immortality of the soul. Moreover,the bull prohibited to defend the notion of a double truth in philosophical disputations and urged universities to meet the prescriptions of this decree. This article will shed light on how thispapal intervention in the practice of schooling was met at the early Jesuit college in (...) Rome and the role of Diego de Ledesma, the college’s educational designer, in implementing the bull’s concerns. (shrink)

The Orthodox Church has been given the fullest of truth by the inspiration of the Holy Spirit, truth honored and valued in the communion of the Saints. For men, to grasp divine truth is a progressive process part of a permanent development. Each and every person walks along this path together with other people, without being the same as the others. Every person is offered and understands truth according to their own religious experience and skills to understand. Ultimate truth exists (...) and it has been revealed completely, but the way in which it is grasped varies from one person to another. “This is not a narrowly doctrinal vision of theological truth. However, it is an essentially spiritual vision for worldly reality, one that removes arrogance from authority and opens new ways of approaching believers of other religions. It presupposes magnanimity and charity, faith and hope, tolerance and reconciliation. It opposes forceful conversion and conflinct, imposition and intolerance, aggression and violence”.85 This approach prevents us from assigning to God intentions and plans which are exclusively ours. Thus, whenever we have a dialogue with those of different beliefs and ideologies, we must always start from God’s sacrificial love for all men. (shrink)

Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has been (...) to strengthened state capacities of public power and law against the encroachment of private interests into the state. In spite of this continuity considerable changes can however be observed in the substantial economic policies advanced due to the switch from a Keynesian to a monetarist economic paradigm. It is suggested that the debate on constitutional imbalances between the EU’s economic and social constitutions should be seen in this light. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

This chapter examines the relation between citizenship and orientalism under the new conditions of indebtedness resulting from austerity. Taking its departure from a condition of precarity under debt economy, the crisis of Europe is described as the anxiety produced by a reversal of those paradigms that have sustained the image of Europe so far. This reversal coincides with a return in Europe of that which for a long time was ejected outside in order for Europe itself (...) to be constituted as a unified symbolic reality. The chapter illustrates how this new economy has exposed a certain ‘disorienting’ effect of austerity, contributing to rekindling the ambiguities of Europe and therefore reconfiguring the image of the European self against its others. It concludes that this reconfiguration forms the background against which a new relationship between citizenship and orientalism in contemporary Europe should be examined. (shrink)

It examines the context of the referendum in Greece in the summer of 2015 in view of theories of sovereignty and theories of judgment.

Cathars, a Christian dualist-gnostic order of the Middle Ages, is not known well in our country and has some certain striking features among the religious movement in this cultural area. The Cathars were denounced as heretics due to the mentioned features, and attracted the antagonism of the Churchseverely by their irreconcilable stances in basic dogmas and practices including the perception of God, baptism, Jesus Christ, Holy Virgin, the primordial sin, the Sacred Scripture. Thus, they witnessed the greatest massacres in a (...) manner unprecedently throughout the history. As a result of the attacks of the Papacy and the Inquisition against their leaders as well as their proponents, thousands of their followers were sacrificed. Moreover, the Cathars put their stamp on history as one of the most oppressed societies within the history in consequence of the carnages carried out by a certain Crusade called Albigeois, and they were exterminated by burning at the stake, which indicates the extent of the oppression they witnessed. (shrink)

The study investigated the impact of parental income on students' academic performance in secondary schools in Kitswamba and Rugendabara-Kikongo town councils in Kasese District. A cross-sectional research design was used, with data collected from 286 students and five head teachers. The findings showed that family income significantly influenced students' academic performance. The findings have implications for parents, teachers, policymakers, and administrators in the education sector, emphasizing the importance of parental income in determining academic success.

Since the global financial meltdown in 2008, moralizing stereo- types of white working-class citizens have proliferated across the United States, the United Kingdom, Australasia, and Europe. Both conservatives and liberals use concepts such as the Appa- lachian hillbilly, the council estate-dwelling chav, and the outer- suburban bogan to allege white working-class citizens’ failure to adapt to the demands of the globalizing political economy. As recent commentators on the Appalachia “problem” note, such moralizing obscures more than it explains, and (...) does so in the service of economic privilege and political power. Comparative examination of the actors and actions behind the erosion of citizenship as a political category in the United States, the United Kingdom, and Australia helps to link contemporary moralizing about the white working class to reaction against the democratic excess that working-class movements directly and indirectly provoked in the mid-twentieth century. Today in Appalachia and beyond, conservative and liberal moralizing about the white working-class “problem” undermines democrats’ capacity to recognize and respond to these efforts to displace citizenship as a political category with the moral category of the individual. (shrink)

In the past decade, policy-makers in science have been concerned with harmonizing research integrity standards across Europe. These standards are encapsulated in the European Code of Conduct for Research Integrity. Yet, almost every European country today has its own national-level code of conduct for research integrity. In this study we document in detail how national-level codes diverge on almost all aspects concerning research integrity – except for what constitutes egregious misconduct. Besides allowing for potentially unfair responses to joint misconduct (...) by international collaborations, we argue that the divergences raise questions about the envisaged self-regulatory function of the codes of conduct. (shrink)

This essay suggests that Continental Studies of Evil need a more global approach in thinking about political evils of today. Highlighting the need for a more comparative and global perspective, I explore two proposals: first, the in-between space of the geographical binaries of East/West and Global South/Global North cultivates many political evils. Second, taking issue with the conviction in Continental philosophy that the Holocaust caused a rupture in the thinking of evil, I argue for the continuity of evils and characterize (...) the insistence on the unprecedented character of the Holocaust as an example of Eurocentrism. (shrink)

The words of Father Professor Dumitru Staniloae have largely found their meaning in the documents of the Council of Crete. “The Mission of the Church in Today’s World” asks itself for a present apologetic message renewal. The theological debate on what are the meanings of “the dignity of the human person” is therefore more than a necessity of our days. Under these conditions inter-Christian and inter-religious dialogue take place, overcoming radical fundamentalism. By grasping the fact that “God is everything (...) in all the things”, we will be able to overcome any preconception and become true confessors of the gospel in the nowadays world. (shrink)

In this paper I examine in detail the continued – and curious – popularity of religious schools in an otherwise ‘secular’ twenty-first century Europe. To do this I consider a number of motivations underwriting the decision to place one’s child in a religious school and delineate what are likely the best empirically supported explanations for the continued dominant position of Protestant and Catholic schools. I then argue that institutional racism is an explanatory variable that empirical researchers typically avoid, though (...) it informs both parental assessments of school quality as well as selective mechanisms many mainstream religious schools use to function as domains of exclusion. I then distinguish between religious schools in a dominant position from those serving disadvantaged minorities and argue that the latter are able to play a crucially important function other schools only rarely provide and hence that vulnerable minorities may have reason to value. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

Proofs of God in Early Modern Europe offers a fascinating window into early modern efforts to prove God’s existence. Assembled here are twenty-two key texts, many translated into English for the first time, which illustrate the variety of arguments that philosophers of the seventeenth and eighteenth centuries offered for God. These selections feature traditional proofs—such as various ontological, cosmological, and design arguments—but also introduce more exotic proofs, such as the argument from eternal truths, the argument from universal aseity, and (...) the argument ex consensu gentium. Drawn from the work of eighteen philosophers, this book includes both canonical figures (such as Descartes, Spinoza, Newton, Leibniz, Locke, and Berkeley) and noncanonical thinkers (such as Norris, Fontenelle, Voltaire, Wolff, Du Châtelet, and Maupertuis). -/- Lloyd Strickland provides fresh translations of all selections not originally written in English and updates the spelling and grammar of those that were. Each selection is prefaced by a lengthy headnote, giving a biographical account of its author, an analysis of the main argument(s), and important details about the historical context. Strickland’s introductory essay provides further context, focusing on the various reasons that led so many thinkers of early modernity to develop proofs of God’s existence. -/- Proofs of God is perfect for both students and scholars of early modern philosophy and philosophy of religion. (shrink)

This policy brief explores important trends for the future of science for policy in Europe and the challenges and opportunities that they present for the development of science for policy ecosystems in the European Union. On the background of an increasing prominence of science in public debates and an increasing willingness of governments to mobilize scientific advice, the policy brief explores trends that shape the practices and processes of information exchange between knowledge actors and policy-makers with the intention to (...) produce scientifically informed policies in Europe, and frame important challenges and opportunities for science for policy ecosystems in the EU. (shrink)

The aim of this book is to explain economic dualism in the history of modern Europe. The emergence of the manorial-serf economy in the Bohemia, Poland, and Hungary in the 16th and the 17th centuries was the result of a cumulative impact of various circumstantial factors. The weakness of cities in Central Europe disturbed the social balance – so characteristic for Western-European societies – between burghers and the nobility. The political dominance of the nobility hampered the development of (...) cities and limited the influence of burghers, paving the way to the rise of serfdom and manorial farms. These processes were accompanied by increased demand for agricultural products in Western Europe. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these (...) purposes are minimally morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

Usual narratives among prehistoric archaeologists consider typological approaches as part of a past and outdated episode in the history of research, subsequently replaced by technological, functional, chemical, and cognitive approaches. From a historical and conceptual perspective, this paper addresses several limits of these narratives, which (1) assume a linear, exclusive, and additive conception of scientific change, neglecting the persistence of typological problems; (2) reduce collective developments to personal work (e.g. the “Bordes’” and “Laplace’s” methods in France); and (3) presuppose the (...) coherence and identity of these “methods” over time. It explores the case of the “Structural and analytical typology” method, developed in France, Spain, and Italy from the 1950s to the 2000s by Georges Laplace and his collaborators for lithic implements. This paper (1) provides a detailed historical account of the evolving content of this collective endeavour over five decades; (2) it addresses the epistemological question of what makes the identity and unity of a scientific method, demonstrating that the core component of the “analytical typology” lies in its particular way to represent real-world phenomena through its notation system; and (3) it reveals how this little known but significant episode of advances in the methods and theory of archaeology, contemporary but independent of the “New Archaeology” trend in English-speaking archaeology, was instrumental in the continuation of evolutionary perspectives in France and in the development of quantitative and formal methods in archaeology in southwestern Europe, foreseeing crucial knowledge representation issues raised today by digital methods in archaeology and data curation. (shrink)

In 2004 Jürgen Habermas and Joseph Ratzinger participated in a debate on the ‘pre-political moral foundations of the free-state’. Their contributions showed broad agreement on the role of religion in today’s Western secular state and on areas of collaboration and mutual enrichment between Modernity and Christianity in Europe and the West. They diverged regarding the need or not of a common cultural background prior to the existence of the polity. Their diverging point becomes all the more fascinating to the (...) extent that the matter requires wider empirical, analytical and normative research before it can be settled. Nevertheless, the implications that derive from one or the other possibility are very different in terms, for instance, of immigration and citizenship policies. This is already clear in Europe and is becoming more evident in general in Western democracies. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty in (...) the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

This special issue contributes to a grounded understanding about 'sustainability' in a range of rural contexts and in so doing sheds light on accompanying tensions and implications for the future of rural areas in Europe. It also brings attention to how the rural might be changing as a result of this new focus on sustainability. The 17 contributions bring to light crucial dimensions of sustainability: (1) the imperative of wellbeing, belonging and care; (2) dimensions of power and identity; (3) (...) the apprehension of time and space - in other words, sustainability as a process and always in transition; (4) social and spatial justice; and (5) the question of knowledge production on the rural and on sustainability. (shrink)

Since the last ice age, when ice enveloped most of the northern continents, the earth has warmed by about five degrees. Within a century, it is likely to warm by another four or five. This revolution in our climate will have immense and mostly harmful effects on the lives of people not yet born. We are inflicting this harm on our descendants by dumping greenhouse gases into the atmosphere. We can mitigate the harm a little by taking measures to control (...) our emissions of these gases, and to adapt to the changes by, for instance, building sea walls around coastlines threatened by rising sea levels. But these measures will be very expensive, and the costs will be born by us, the present generation, whereas the benefits will come to future generations. How much should we sacrifice for the sake of the future? Economists and philosophers have independently worked on the question of our responsibility to future generations. This book brings their work together and applies it to global warming. It suggests a programme for future research on the economic and ethical issues. The book is intended for economists, and for philosophers and other social scientists who have a little knowledge of economic methods. (shrink)

In recent years, and especially after the outbreak of the global financial crisis, right-wing and left-wing populist parties and movements have enjoyed significant political success in Europe. One of these parties is SYRIZA in Greece. In this paper, we explore some of the particular characteristics of the political discourse articulated by SYRIZA in power. The core argument of the paper is that the Greek radical left party continues to express an inclusionary populist discourse after its rise to power. We (...) examine this issue by utilising the methodology of the Essex School of Discourse Analysis. Moreover, we attempt to substantiate the view that populism does not always have a negative connotation and is not deterministically associated with nationalism or racism. Furthermore, we try to establish whether the concept of "crypto-colonialism” is an important key to understanding the rise of inclusionary populism to power in Greece. Finally, we analyse various manifestations of Greek anti-populism in order to highlight the danger that derives from this kind of stereotypical discourse. (shrink)

From year to year some of us, people of planet Earth, Earthlings, attacks intensify on the veto right in the UN Security Council. They consciously or unconsciously ignore its metaphisical, ontological and existential statuses established in 1945 by the founders of the United Nations as a result of the multimillion sacrificial struggle of all Humanity against nazism. Perhaps this is due to a misunderstanding of the metaphysics of international relations, the enduring existential significance of the veto for the viability (...) of the entire UN system in the nuclear-ecological information era, or because of the veiled, formal-procedural veto status enshrined in the UN Charter. The authors of the attacks substantiate their conclusions by the "non-democracy", "ineffectiveness" of the UN Security Council, "unfair privileges" of the five permanent members of the Security Council ("P1945"), a significant increase in the number of UN member states after 1945, the fate of the League of Nations, "geopolitical realities". According to the attackers, the veto in the UN Security Council makes the decision-making process "unequal and abortive", which does not contribute to maintaining peace and preventing civil wars, genocide, violation of human rights and aggression in international relations. Some politicians and experts propose not only to limit the veto right of the five permanent members of the UN Security Council, but to completely deprive them of this right, which, as we know, are nuclear powers and bear the main responsibility for international security, the preservation of peace and life itself on planet Earth. Taking into account 75-years experience in the use of the veto right in the UN Security Council, with the aim of strengthening the historical, metaphysical, existential and procedural-legal significance of the veto right, its fundamental role in resolving the most complex international problems in the context of the constantly increasing threats and risks of our times during the reform of the UN Security Council with the increased number of members of the Security Council, the UN Charter must establish two essential levels of the veto right: 1. Absolute (unconditional, eternal) veto — "VETO1945": 2. Conditional (limited) veto. (shrink)

The paper reviews the foundational ideals that gave “Europe”, an integration project with continental ambitions, its initial meaning or identity. “Europe” meant reconciliation and peace, reconstruction and widespread prosperity, and the mitigation of nationalism through the creation of supranational communities. A broad cultural consensus made it easier to trust each other and work together. The enterprise received a tacit approval from Europeans throughout the initial stages. More than 60 years and 20 member states later the project is under (...) strain in the social, economic, political and cultural fields. Today, as Europeans (now continental citizens) experience not only the advantages, but also the sacrifices of belonging to “Europe” (in the form of a Union), their allegiance to, and indeed the identity of the whole project are in question. I will submit that the original identity of “Europe” should be revived, and revisited for it to evolve in response to the present challenges. If its future identity is that of an intercultural, inclusive, flexible, and analogical polity, Europe will be still worth fighting for. (shrink)

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and (...) data collection were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on humans. (...) This framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (shrink)

As the euro crisis unfolds, political discourse on both sides of the European Union (EU)’s internal divide—“North” and “South”—becomes ever more exasperated, distant and untranslatable. At the root lies a weak pan-European sense of belonging—a common political identity thanks to which European citizens may regard each other as equals, and therefore as deserving recognition, trust, and solidarity. This paper describes some of the culture-related problems that impact directly on the formation of an eventual political identity for EU citizens. It then (...) suggests that the enacting of an interculturalist paradigm can help untie some of the nuts—political but also cultural—that Europe faces in order to solve the economic crisis. A few remarks are dedicated in the conclusive part to cultural pluralism in Singapore, a key player in any future progress towards the integration of the Asia Pacific Region. (shrink)

I argue that trends of diagnosing anti-Muslim attitudes and activism as “Islamophobia” in European and the U.S. contexts may actually aid and abet more subtle varieties of the very stigmatization and exclusion that the “phobia” moniker aims to isolate and oppose. My comparative purpose is to draw into relief—to make explicit and subject to critical analysis— features of normative public discourse in these two sociopolitical contexts broadly perceived to be peaceful, prosperous, liberal-democratic. The features I focus on function under the (...) auspices of tolerant and nonexclusionary forms of “civic nationalism” that, in effect, fuel the conflict in question. (shrink)

This paper identifies and synthetically demonstrates the most important steps and changes in the evolution of the idea and institution of citizenship in Europe over more than two thousand years. Citizenship is one of the essential categories defining human status. From a historical perspective, the idea of citizenship in Europe is in a state of constant evolution. Therefore, the essence of the institution of citizenship and its acquisition criteria are continually being transformed. Today’s comprehension of citizenship is different (...) from understanding citizenship in Europe in earlier epochs of history. In some of them, the concept of citizenship existed only in the realm of ideas. In others, the idea materialised, and membership in the state (or city) and civic rights and obligations found a formal, legal expression. The formation of the idea and institution of citizenship is a long and multi-phase process. Published in "Studia Europejskie – Studies in European Affairs", Vol. 25, 1/2021, pp. 7-31. (shrink)

In my paper, I develop a phenomenological and pragmatist reflection on the fragility of liberal democracy’s moral foundations in times of war. Following Judith Shklar’s conception of the “liberalism of fear”, the legitimacy of the liberal-democratic order is seen as grounded in experiences of suffering caused by political violence. It is also assumed that the liberalism of fear delivers an adequate conception of the normative foundations of the European project. With the help of phenomenologists such as Edmund Husserl, Maurice Merleau-Ponty (...) and Michel Henry, the paper ants to philosophically deepen the liberalism of fear by outlining a theory of “pathic evidence” as a normative foundation and the concept of a common “flesh of the political” as a shared moral sensitivity that sets boundaries to political conflict as well as the political imaginary, excluding what I call the production of “monumental meaning”. It then examines the question which political conditions are needed for this evidence to become a shared, communal criteria of ethical thought, and considers inner and outer challenges to the transmission and reproduction of this evidence in time, drawing especially on John Dewey’s ideas of democratic communication and social intelligence. In the current war, the following problem appears as crucial for the “soul” of European democracies which are confronted with the need to respond to Russia’s attack: How can a political morality grounded in pathic evidence be sustained, once it is challenged by an aggressor who, out of cultural and political reasons, shows a higher level of toleration towards violence? Besides aggression from an external foe, there are also temporal dynamics that further the loss of the inhibiting force of pathic evidence from the inside. As it shall be argued, boredom can be such a factor. The paper concludes by drawing conclusions for the current war in Ukraine. (shrink)

Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the 2010s – Re-politicising of the public sphere, removing (...) most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought. (shrink)

Our sense in editing this book is that the years since 2014 have shown that, however unpalatable, incoherent, and internally contradictory illiberal democracy may be, it is a political choice that is available at the ballot box in many countries. As critical scholars committed to democracy we have an obligation to understand its socio-historical construction, its emotional appeal, and its rhetorical force, to more effectively combat it. Ultimately, we believe that the difficulty many have had of admitting the political efficacy (...) of illiberal democracy as a term is due to an underlying crisis within liberalism itself: this is the fissured terrain that the phenomenon exploits. Examining illiberalism, liberalism, or democracy as static concepts is just as barren an approach as examining them in one country in isolation from their interactions with others. It is above all to the dynamic, comparative, and interdisciplinary approach to the study of liberalism and its alternatives that this collection aims to contribute. (shrink)

Sovereign Order of Royal El Roman Intro-angeles (polygyny) Family Sub-mission of the Jesus Christ' Holy See Teachings on His Kingdoms Mission, called the SOVEREIGN ORDER OF ROYAL EL-ROMANIA, The SO°RER†‡ Mission is a Bible scriptures studies, research, publications and teachings oriented sovereign polygyny family household basis mission order whereas Council of the Queens is the major organ and Queens are the principal research associates of the mission organization, Sovereign Order of Royal El-Romania, which aim to print a book entitled (...) "Christ Ministries Words: A Book of Bible Explanatory Testimonial of His Kingdom'', as Gen Hari Seldon's co-authors. Furthermore, the scope of the mission is to studies of the Holy Bible scriptures analysis to understand the doctrines of sacred theology of God's plan towards continuing development of humanity. (shrink)

The article represents a contribution to the discussions about the basis, motives, and goals of European integration, which were stimulated by the recent “normative turn” in EU studies. My aim in this the article is threefold: By addressing the issue of internal legitimacy of EU decision-making, I wish to show that the European Union is in need of a public “story” of European integration; however, a closer analysis suggests that there is much normative disagreement on values and principles that are (...) supposed to define such “Europeanness”. This is also relevant for the role of Europe on the scene of international or global politics, where the EU aspires to become a leading actor, or is supposed to do so by cosmopolitan-minded authors. Lastly, the text defends the usefulness of the traditional conceptual apparatus of political theory, which which has – in relation to the European integration – in recent times come under attack. (shrink)

A History of Intelligence and “Intellectual Disability” examines how the concepts of intellectual ability and disability became part of psychology, medicine and biology. Focusing on the period between the Protestant Reform and 1700, this book shows that in many cases it has been accepted without scientific and psychological foundations that intelligence and disability describe natural or trans-historical realities.