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Towards Deconstruction of Community: From Sublimity to Inoperativeness

Ka dekonstrukciji zajednice: od sublimnosti do razdjelovljenosti

Author(s): Bernard Harbaš / Language(s): Bosnian / Issue: 03+04/2009

Keywords: inoperative community; Jean-Luc Nancy; Jean-Francois Lyotard; deconstruction; Jacques Derrida; Maurice Blanchot; deconstruction of community; sublimity;

In this paper the author deals with the problem of postmodern understanding of the concept of community. The author gives an overview of political thought of postmodern thinkers such as: Lyotard, Blanchot, Derrida, etc. The main idea of the paper is that postmodern thought rejects any theories of belonging or identity or concepts in sense of ethnicity, people or nation. Contrary to the mentioned standpoints, postmodern thinkers explore community as something that is always to come or inoperative. In that sense the purpose of this paper is to question the conception of community beyond traditional sense of categories of nation, belonging or fixed identity.

Along Balkan historiographical transversals

Duž balkanskih historiografskih transverzala

Author(s): Dubravko Lovrenović / Language(s): Croatian / Issue: 03/2006

Tying ethnic background to a geographic territory? Autonomies and federations in former Yugoslavia

Teritorijalizacija etničke pripadnosti? Autonomije i federacije u bivšoj Jugoslaviji

Author(s): Florian Bieber / Language(s): Bosnian / Issue: 25/2004

5. Tying ethnic background to a geographic territory? Autonomies and federations in former Yugoslavia 5a) What is territorial autonomy? 5b) Problem of secession 5c) Ethnic autonomies in the 1990s 5d) Autonomies in former Yugoslavia: Failures and perspectives 5e) Conclusion

Development and Perspectives of Serbo-German Relations

Razvoj i perspektive srpsko-nemačkih odnosa

Author(s): Branko Pavlica / Language(s): Serbian / Issue: 107-108/2007

Keywords: serbo-german relations; Germany;

The Transition Society and Organization of Labour

Tranzicijsko društvo i organizacija rada

Author(s): Suljo Borovina / Language(s): Bosnian / Issue: 1/2013

Keywords: organization; methods of production; capitalism; socialism; ownership; privatization; transition; globalization

The organization of labour is almost as ancient as the human race itself. It is the means by which people seek to adjust their actions to reality in order to meet their needs as easily as possible. Organization allows people to transform their activity into targeted, rational action. On the other hand, people also seek to adjust their specific reality to human action, to their work. This is just as true for the primordial human community as it is for contemporary, post-industrial societies, including those in transition. Societies decline or develop according to the way people operate. A variety of factors impacted on the disintegration of the socialist system. The transition process is taking place in the context of globalization, of which is it one feature. The transformation of societies in the post-socialist world in the context of these global changes may be understood only in the context of the changing ways in which production and labour are organized, while also taking into account every other social determinant – political, psychological, cultural. This paper sets out the fundamental problems, contradictions and controversies of transitional capitalism that stand in the way of the transformation of post-socialist, neo-traditional societies into modern, prosperous societies of the Western European type of capitalism.

Resistance of Material: Theoretical Mastery over the Literary Text

Otpor materijala: teorijska vlast nad književnim tekstom

Author(s): Luka Bekavac / Language(s): Croatian / Issue: 05/2013

Keywords: Derrida; literature; singularity; invention; law; competence; Joyce

After a brief account of Derrida’s notion of singul arity as an irreducible, quasi-material layer of (literary) texts, this article attempts to delineate its effects on theoretical or scientific mastery over literature. Invention and law are exam ined as necessary but mutually cancelling origins of aesthetic and scientific institutions, and the final chapter – following Derrida’s Ulysse gramophone – questions the limits of theoretical competence in collision with the incalculable swerve of literarity.

Red Dawn – the final episode of the Cold war

Crvena zora - finalna epizoda hladnog rata

Author(s): Ivan Kovačević,Vladimir Ribić / Language(s): Serbian / Issue: 4/2014

Keywords: film; Red Dawn; Cold war; Soviet invasion; guerilla; the fall of communism

In the period of renewal of the Cold war, after 1980, movies which abandon the idea of the dentate appear, and they represent the response to Soviet expansion taking place under the auspices of diminished military confrontation. Of course, the Hollywood reaction to the real expansion of communism was not at adequate response, but it is a part of the wider restructuring of American politics regarding the Soviet Union, which was evidenced by strengthening defenses through the Strategic Defense Initiative (SDI), forcible intervention in Grenada, helping anti-communist movements around the world etc. In opposition to part of the US political scene which shut down attempts to stop the spread of communism across the world, action through popular culture, especially film, created a new climate in which multifaceted pressures on the socialist block were prepared. The movie Red Dawn can be considered part of the reaction of US politics on the particularistic view of the dentate as a shield for military and political spread of the USSR in Africa and other parts of the world. This pressure played on the inherent weaknesses of Soviet society in the 1980’s, a society which, after a brief period of failed transformation fell apart at the start of the final decade of the 20th century.

Ortega y Gasset and Unamuno

Ortega y Gasset i Unamuno

Author(s): Lino Veljak / Language(s): Croatian / Issue: 04/140/2015

Keywords: José Ortega y Gasset; Miguel de Unamuno; Spanish philosophy; spirit; traditionalism; emancipation; intrahistory; historical perspectivism;

Two most important and most influential thinkers in the history of Spanish philosophy José Ortega y Gasset and Miguel de Unamuno were compared, in the first line as a protagonists of the process of emancipation of the spirit in Spain from traditionalism and provincialism. Both thinkers gave very important contributions to contemporary philosophy, including the philosophical reflection of history (especially Unamuno’s conception of intrahistory and Ortega’s conception of historical perspectivism).

Invention of tradition

Invencija tradicije

Author(s): Eric J. Hobsbawm / Language(s): Bosnian / Issue: 01+02/2001

Keywords: tradition; nation; nationalism;

Ništa se toliko ne čini drevnije i povezanije sa pradavnom prošlošću od ceremonijala koji okružuje britansku monarhiju u javnim svečanim manifestacijama. No, kao što će poglavlje u ovoj knjizi utvrditi, u svojoj modernoj formi ono je proizvod kasnog devetnaestog i dvadesetog stoljeća. “Tradicije” koje se čine ili se za njih tvrdi da su stare, često su poprilično skorašnjeg porijekla, a nekad i izmišljene. Svako ko je upoznat sa koledžima drevnih britanskih univerziteta može misliti o instituciji takvih “tradicija” na lokalnoj razini, premda neke - poput godišnjeg Festivala Nine Lessons i Carols u kapeli Kraljevskog koledža Cambridge na Badnje veče - mogu postati generalizirane pomoću modernog masovnog radio medija. Ovo zapažanje predstavljalo je ishodište konferencije u organizaciji historičarskog časopisa Past and Present, koji, sa svoje strane, predstavlja osnovu za ovu knjigu.

Direct Effect Of Article 9(3) Of The Aarhus Convention In Legal Order Of The Republic Of Serbia

Neposredna primena člana 9, stava 3 Arhuske konvencije u pravnom poretku Republike Srbije

Author(s): Rodoljub Etinski / Language(s): Serbian / Issue: 3/2013

Keywords: Aarhus Convention; public; judicial proceedings;

The text explores a possibility of direct effect (direct application) of Article 9(3) of the Aarhus Convention in legal order of the Republic of Serbia. The Article guarantees access of the public to administrative or judicial procedures to challenge compatibility of acts of private persons or public authorities with national law relating to environment. In Lesoochranárske zoskupenie the European Court of Justice finds that, according the EU standards on direct effect of international treaties, the Article is not capable to produce direct effect, since contracting parties enjoy a broad discretion to formulate criteria for the public’s access to review procedures. However, the European Court of Justice remained that each member state might have its own standards on direct effect of international treaties and that Slovak courts were obliged to take into account Article 9(3) of the Aarhus Convention when interpreting Slovak procedural law to provide the EU environmental law with best effectiveness. The 2006 Constitution of Serbia foresees direct application of international treaties without limitations and conditions. Still, judicial practice is not fully consistent and it would be premature to derive reliable standards on direct application of international treaties in Serbia. In Serbian legal system there are no particular procedural provisions in environmental law that meet requirements of Article 9(3) of the Aarhus Convention and general procedural provisions depart from these requirements in respect of legal standing. Direct application of Article 9(3) would be possible in such situation as a replacement for missing particular domestic provisions or as supplement of general procedural provisions. The first possibility is less probable. More probable is that a court would search for new interpretation of legal standing in co-effect of domestic general procedural provisions and Article 9(3) of the Aarhus Convention.

LITERARY WORK OF ḤASAN BIN NAṢŪḤ BIN FAYRŪZ - ADDENDUM TO BIOGRAPHY OF ḤASAN IBN NAṢŪḤ IBN FAYRŪZ

KNJIŽEVNI RAD ḤASANA IBN NAṢŪḤA IBN FAYRŪZA - PRILOG BIOGRAFIJI

Author(s): Dževad Gološ / Language(s): Bosnian / Issue: 38/2017

Keywords: Duvno; Ḥasan ibn Naṣūḥ; alim; mufti; khadi;

Ḥasan ibn Naṣūḥ ibn Fayrūz is one of the most prolific Bosnian and Herzegovinian authors in the field of Islamic law- fiqh. Not much is known of his biography except that he was an alim, most probably performing a duty of a mufti and khadi, and that he was active out of the territory of Bosnia and Herzegovina. He left behind 11 works with which most of our historians and orientalists were not familiar with. This modest research into the manuscripts by Ibn-Naṣūḥ revealed yet four more so far unknown works. Two of them deal with Islamic law, both being autographs. Special attention has been paid two the two of his works: Mağmaʻ al-maḏhabayn i Ğamʻ al-maḏāhib. Particularly interesting is the one that offers an interpretation from the shafi’i mezheb perspective. This is due to the fact that the author belonged to hanefi mezheb and tried to explain the difference between hanefis and shafis. In the second one, the author gives a comment on all four law teachings. It can therefore be said that he was the only author from this region who wrote in the manner of comparative fiqh, i.e. who encompassed all four mezhebs.

Biography and bibliography of prof. dr Katarina Damnjanović

Biografija i bibliografija prof. dr Katarine Damnjanović

Author(s): Slobodan Vukadinović,Oliver P. Nikolić,Dušan Vranjanac,Željko R. Đurić / Language(s): Serbian / Issue: 1/2018

Legitimation Through Ideals - The Meaning of the Category of Legitimation in Socalist Societies

Legitimiranje idealima - Značenje kategorije legitimiteta u socijalističkim društvima

Author(s): Nenad Dimitrijević / Language(s): Croatian / Issue: 04/1989

Keywords: Legitimation Through Ideals; Legitimation; Socalist Societies;

Legitimation is a constitutionally circumscribed process of justifying the political order in which those in positions of power communicate with those over which that power is exercised, as political subjects, seeking to obtain their acquiescence and develop a collective consciousness about the right of those in power to hold political power. The original source of that consciousness in the socialist societies is the assumed commonality, embodied in the concept of ideological and political unity, which is used to delegitimize any alternative projection of community organization. In view of the persistent de-subjectivizalion of those over which power is exercised in these societies, we can speak only of the self-legitimation of the Party monopoly, but not of the legitimacy of political power. The self-legitimation consists essentially in presenting the absolute monopoly of the Party as a historical necessity, and the acquiescence of those over which power is exercised takes the form of consent to de-subjectivization. This provides the ideological framework for the establishment of power as a form of communication between the sovereign and the objectified society.

Ideological Basis of American Constitutionalism

Ideološki osnovi američkog konstitucionalizma

Author(s): Nenad Dimitrijević / Language(s): Serbian / Issue: 03/1987

Keywords: Ideological Basis of American Constitutionalism

The problem of ideological basis of American constitutionalism is exceptionally complex and it presumes an analysis of complicated relationships in which an American state was molded socially, politically and juridically. At the same time, one should keep in mind that the ideological conditioning and the theoretical idea must be perceived in relationship with the English constitutional and political system as well as the theoretical idea. The widest conceptual basis of American constitutionalism is the doctrine of natural law which in the process constitutional and political building of the American society has three basic functions, or appears as: 1) foundation of positive law, 2) source of individual freedoms and rights, 3) boundary of legitimate operation of the political power. The division of the power is the central point in the operationalisation of American constitutionalism. By analysis of relevant theoretical works, the author endevours to show that the division of power was thought and institutionalised as a primarily antidemocratic concept, whose social essence should not be searched for in placing boundaries on political power »as such- in interest of abstract natural freedom, but in placing limits on legislative power as a potential exponent of interests of the overbearing majority.

Workers' Movement in Germany and West German Social Democracy

Radnički pokret u Njemačkoj i zapadnonjemačka socijaldemokracija

Author(s): Hrvoje Šarinić / Language(s): Croatian / Issue: 02/1965

Keywords: Workers' Movement; Germany; West German Social Democracy;

Socijaldemokratska partija Njemačke (SPD) jedna je od najvećih evropskih stranaka što reprezentiraju suvremeni socijaldemokratizam kao određeni smjer u općem okviru radničkog pokreta unutar kapitalističkih zemalja, a kao opoziciona partija u samoj Saveznoj Republici Njemačkoj SPD je po izbornim rezultatima druga politička snaga iza vladine Kršćansko-demokratske unije i daleko najjača među svim ostalim političkim strankama, što učestvuju u zapadnonjemačkom političkom i parlamentarnom životu. I zbog toga, kao i zbog svoje tradicije, ona u Socijalističkoj internacionali zauzima mjesto važnog i utjecajnog faktora, kako po položaju svojih predstavnika u njenim forumima tako i pri formiranju generalne linije socijaldemokracije danas.

Sport Ports – Entitlement to Perform Commercial Berthing Services : [case review]

Sportska luka – pravo komercijalnog obavljanja djelatnosti iznajmljivanja vezova : [prikaz presude]

Author(s): Vesna Skorupan Wolff / Language(s): Croatian / Issue: 173/2019

Keywords: case review; sport ports; berthing services - commercial;

The plaintiff as authorised concessionary has concluded the Concession contract for the use of maritime domain with the purpose of use of a sport port. By the administrative inspection regarding the implementation of the Maritime Domain and Seaports Act, it was established that the concessionary did not adhere to the concession contract, since he used the subject port for the berthing against payment of foreign vessels owned by nonmembers of the association rather than of vessels entered into Croatian registry. Thereby he breached the provision of Art. 10 of the Regulation on the classification of ports open for public traffic and ports of special purposes, stipulating that a sport port serves for the berth of the vessels entered into Croatian registry of sport and pleasure craft, which are the property of members of the association or the association in possession of marina concession itself.

Marx’s Analysis of Social Forms and Economic Sociology

Marxova analiza društvenih oblika i ekonomska sociologija

Author(s): Toni Prug / Language(s): Croatian / Issue: 1/2022

Keywords: social forms; economic sociology; New Reading of Marx; political economy;

This article deals with the New Reading of Marx, an interpretation focused on the analysis of social and value forms and associated social relations. Marx’s analysis of social forms makes it possible to distinguish determinate abstractions (commodity and capital in the capitalist mode of production) from general ones (product, money), denaturalizing the economic vision of production, opening up a way for possible understanding of different modes of production and their social character. The article argues that the analysis of social forms opens up a path for re-approaching the field of enquiry that conventionally belongs to economics, whose abandonment marks sociology for most of its history, with the sociological analysis, thus rendering visible social dimensions of the object of investigation, whilst questioning and disputing the monopoly of economic theories and categories. The connection between Marx’s analysis of social forms and the work of other classical sociologists is demonstrated, opening up the discussion of its relevance for economic sociology. Reviewing the new economic sociology, the article shows how its Weberian roots drastically narrow the space for integration of Marx’s work. It is argued that the reading of Marx presented here can however be situated in a more broadly understood contemporary economic sociology that includes a wider range of approaches retaining the multi-paradigmatic character of sociology. In conclusion, the article discusses the relationship between domestic sociology and Marxism, arguing that sociological literature can be enriched by re-evaluating Marxism through the prism of the New Reading of Marx.

THE ROLE OF EUROPEAN CENTRAL BANK IN INSTITUTIONAL SYSTEM OF THE EU

ULOGA EVROPSKE CENTRALNE BANKE U INSTITUCIONALNOM SISTEMU EVROPSKE UNIJE

Author(s): Slobodan Zečević / Language(s): Serbian / Issue: 1/2010

Keywords: monetary integration; European Central Bank; organs of the European Central Bank; system of European central banks

Imajući u vidu ekonomsko ustrojstvo federalne države gde je jedinstveno tržište nadgrađeno jedinstvenom valutom (Sjedinjene Američke Države, na primer), tvorci ugovora o Evropskoj uniji iz Mastrihta iz 1993. godine ustanovili su program za uvođenje evropske monetarne Unije zasnovane na zajedničkoj evropskoj valuti 'evru'. Prethodno pomenutim ugovorom predviđeno je i osnivanje organa poput Evropske centralne banke i Sistema evropskih centralnih banaka koji su nadležni da upravljaju zajedničkom valutom. Organi monetarne Unije su u ugovoru o Evropskoj zajednici bili odvojeni od drugih glavnih institucija. Prethodno izložen pristup radikalno je promenjen Lisabonskim ugovorom o Evropskoj uniji iz 2009. godine. Naime, u ovom tekstu Evropska centralna banka se navodi u III glavi ugovora o Evropskoj uniji na spisku njenih glavnih institucija uz Evropski parlament, Evropski savet, Savet, Komisiju, Sud pravde i Obračunski sud. Organi Evropske centralne banke su Direktorijum, Savet guvernera i upravni odbor. Evropska centralna banka je po prirodi nadnacionalan, nezavisan organ te njeni rukovodioci ne mogu da primaju niti da traže uputstva od institucija Unije, vlada država članica ili drugih organizacija. Ovlašćenja Evropske centralne banke su veoma značajna, i ogledaju se pre svega u njenom pravu da emituje i da određuje visinu kamatnih stopa.

DIRECT EFFECT OF INTERNATIONAL AGREEMENTS OF EC

DIREKTNO DEJSTVO MEĐUNARODNIH SPORAZUMA EVROPSKIH ZAJEDNICA

Author(s): Vladimir Medović / Language(s): Serbian / Issue: 1/2005

Keywords: direct effect; international agreements; individuals; Court of Justice; national courts

International agreements concluded between European Communities and third countries or international organizations forms the integral part of the legal system of the European Communities. They are binding on the member states and may have direct effect under the similar conditions which apply to the internal sources of Community law. National courts must protect rights which international agreements provides for the individuals. A provision in an agreement concluded by the Community is regarded to have direct effect when, regard being had to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation of effects, to the adoption of any subsequent measure. Whether particular provision of the agreement fulfills conditions for direct effect is matter of interpretation which is in the exclusive jurisdiction of the Court Justice. That court rules on the interpretation of the agreement in the proceedings for preliminary ruling. Such jurisdiction of the Court of Justice ensures uniform interpretation and application of international agreements in all member states of the Community.

PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS, ROME I

PREDLOG UREDBE EVROPSKOG PARLAMENTA I SAVETA O PRAVU KOJE SE PRIMENJUJE NA UGOVORNE OBAVEZE, RIM I

Author(s): Maja Stanivuković,Petar Đundić / Language(s): Serbian / Issue: 2-3/2004

Keywords: Rome Convention; Rome I; conflict of laws; the law applicable to contracts; party autonomy; mandatory rules

Since the Treaty of Amsterdam entered into force, judicial cooperation in civil matters between Member States of the EC has been transferred from the third to the first pillar of the EU. The Treaty gave the EC institutions the power to regulate private international law issues through adoption of regulations - secondary legislation with direct effect on the whole territory of the EC. With regard to choice of law rules for contracts, European Commission has used these newly established prerogatives in 2003 to initiate substitution of the Rome Convention on the Law Applicable to Contractual Obligations by a Community Regulation. In December 2005, the Commission presented the proposal for a Regulation on the Law Applicable to Contractual Obligations (Rome I). Replacement of the Convention by a Regulation would bring in a number of changes. Adoption of a Regulation would mean that the Member States have no longer power to enter reservations. Furthermore, the two Protocols to the Convention which allow the Court of Justice to interpret the Convention’s rules would become unnecessary. Apart from the changes of formal nature, the Commission proposed some adaptations of the Convention’s rules aiming to modernize and improve those rules. The most significant changes of the substance are inspired by ambition to increase certainty and predictability of the applicable law. This refers in particular to the general conflict of laws rules (Article 3 – Freedom of choice and Article 4 – Applicable law in the absence of choice). In addition, the Commission’s proposal deviates from the rules of the Convention on a number of other issues (scope of the application, the law applicable to consumer contracts, individual employment contracts, formal validity of the contract, etc.). From the perspective of Serbian law, changes that have been proposed bring European choice of law rules for contracts much closer to the rules of the Serbian PIL Code. In the event that the Regulation is indeed adopted, this would make legislator’s task of bringing choice of law rules for contracts in conformity with the European model much easier.