Revista De Stiinte Politice Nr.29

U N I V E R S I T A T E A D I N C R A I O V A

F A C U L T A T E A D E Ş T I I N Ţ E S O C I A L E

S P E C I L I Z A R E A Ş T I I N Ţ E P O L I T I C E

Nr. 29 • 2011

---RREEFFEERREENNCCEESS--- GHEORGHE VLĂDUŢESCU (Romanian Academy), ALEXANDRU BOBOC (Romanian Academy), FLORIN CONSTANTINIU (Romanian Academy), CRISTIAN PREDA (University of Bucharest), LAURENTIU VLAD (University of Bucharest), VLADIMIR OSIAC (University of Craiova), CĂTĂLIN BORDEIANU („Petre Andrei” University of Iaşi)

---IIINNTTEERRNNAATTIIIOONNAALL AADDVVIIISSOORRYY BBOOAARRDD--- MI HA I CIM P OI Pre s ide nt of th e A c a d em y of the Rep ubl i c of M ol da v i a MIC HA E L RA DU , Senior Fellow, Foreign Policy Research Institute, C o- C ha ir ma n , FP RI’ s Ce nter o n Terrorism, Counter -Terrorism and Homeland Security , Philadelphia, USA YO HA NA N MA N OR , Profe s s or , University de Jerusalem, Israel Pre s ide nt , Center for Monitoring the Impact of Peace (CMIP) JOZ E PIR JEV EC, Profe s s or , University of Trieste, Italy PA TRI CIA G O N ZA L EZ-A L DEA Profe s s or , University Francisco de Vitoria, Madrid, Spain OL IV ER FRI G GI ERI, Profe s s or , University of Malta CRIS TI NA BEJA N , Wadham College, Oxford, Great Britain SLA V C O A LMĂ JA N , Profe s s or , University of Novi Sad, Serbia Pre s ide nt , „Argos” Center for Open Dialogue, Novi Sad, Serbia NICU CI O BA NU Pre s ide nt , „Libertatea”Publishing House, Novi Sad, Serbia SA ND O R R IC HT ER Senior Economist , Vienna Institute for International Economic Studies (WIIW) JU N E TEU FE L D RE YER Profe s s or , Department of Political Science, University of Miami, USA

---EEDDIIITTOORRIIIAALLL BBOOAARRDD--- Editor in chief: AUREL PIŢURCĂ Deputy editor in chief: ION DEACONESCU Editorial board: CEZAR AVRAM, VLADIMIR OSIAC, MIHAI COSTESCU, ANCA PARMENA OLIMID, COSMIN LUCIAN GHERGHE, CRISTINA OTOVESCU-FRĂSIE, CĂTĂLINA MARIA GEORGESCU, MIHAI GHIŢULESCU

NNOOTTEE ooofff ttthhheee EEDDIIITTOORRIIIAALLL BBOOAARRDD Revista de Stiinte Politice. Revue des Sciences Politiques was evaluated and authorized by the National Council of Scientific Research in Superior Education (CNCSIS) in the B+ category – periodical publications indexed in international databases (May 2009) Revista de Stiinte Politice. Revue des Sciences Politiques is indexed by Proquest, EBSCO, Gale Cengage Learning, Index Copernicus, Georgetown University Library, DOAJ, Elektronische Zeitschriftenbibliothek EZB, Journal Seek, Intute Social Sciences.

AADDDDRREESSSS University of Craiova, 13 A. I. Cuza Street, Craiova, 200585, Dolj, Romania, Tel/Fax: +40251418515.

ISSN: 1584-224X http://cis01.central.ucv.ro/revistadestiintepolitice/

CONTENTS

RROOMMAANNIIIAA TTOODDAAYY::: PPOOLLLIIITTIIICCSS,,, LLLAAWW AANNDD AADDMMIIINNIIISSTTRRAATTIIIOONN Aurel PIŢURCĂ, Andra BREZNICEANU, Quality assurance – Major requirement 7 of the Romanian higher education Irina Olivia POPESCU, Romanian Justice Reform under CVM’s rule. Innovative 13 vision of the New Civil Code in matters of property rights Andreea Mihaela NIŢĂ, Veronica ION, Employment policies in the context of 19 the Labour Code amendments in 2011

PPOOLLLIIITTIIICCAALLL HHIIISSTTOORRYY::: TTHHOOUUGGHHTT AANNDD PPRRAACCTTIIICCEE Mihai GHIŢULESCU, Politics without Institutions. A Brief Outline of Modern and 27 Contemporary Romanian Administrative History Ionuţ RĂDUICĂ, Negative Freedom and Its Evolution 36 Ionuţ ŞERBAN, The Greek and Latin cultures reflected in modern Romanian 42 culture

IIINNTTEERRNNAATTIIIOONNAALLL PPOOLLLIIITTIIICCSS::: HHOOWW TTOO DDEEAALLL WWIIITTHH TTHHEE RREECCEENNTT IIISSSSUUEESS?? Mihai Ovidiu CERCEL, Organizational Incentives in the Globalization Process 46 Maria Cătălina GEORGESCU, Stereotypes, migrants and the media: an 52 analysis of the Romanian press on migration Cristinel TRANDAFIR, Communities vs. societies and their function in border 66 regions

PPOOLLLIIITTIIICCSS && RREELLLIIIGGIIIOONN::: BBUUIIILLLDDIIINNGG UUNNIIITTYY IIINN DDIIIVVEERRSSIIITTYY Zuhdi JASSER, Americanism vs. Islamism: A Personal Perspective 82 David FORTE, Islam’s Trajectory 92 Anca Parmena OLIMID, The politics of self-identity in the Balkans. The role of 101 church-state relations in forming a new com-union

SSTTAATTIIISSTTIIICCAALLL MMEETTHHOODDSS Mihai COSTESCU, The Young Test to evaluate the action of the systematic 111 causes upon the data in the survey. Applicative Program

BBOOOOKK RREEVVIIIEEWW Anca Ceauşescu, Aşezările rurale din Câmpia Băileştiului (cu elemente de 115 etnografie) (Loredana Maria Grozoiu)

University of Craiova • Faculty of Social Sciences • Political Sciences Specialization

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

RROOMMAANNIIIAA TTOODDAAYY::: PPOOLLIIITTIIICCSS,,, LLAAWW AANNDD AADDMMIIINNIIISSTTRRAATTIIIOONN

Aurel PIŢURCĂ, Andra BREZNICEANU

Quality assurance – Major requirement of the Romanian higher education

Aurel PIŢURCĂ

University of Craiova, Faculty of Social Sciences, Political Sciences Specialization, Craiova, Romania. Email: [email protected]

Andra BREZNICEANU

University of Craiova, Faculty of Law and Administrative Sciences “Nicolae Titulescu”, Craiova, Romania Email: [email protected]

Abstract: In the study conducted, starting from the changes and transformations that took place in social, economic, spiritual and political Romanian society after 1990, we intend to approach the problem of ensuring the education in Romanian higher education. To demonstrate the need and desirability of this process, we analyzed the factors which by their action required of the educational quality assurance. Also, we had to acts which have set up quality assurance, stages its accomplishments, the institutions called upon to put into practice.

Keywords: national minorities, inter-ethnic relations, education system, confessional education, Romanianization, Hungarianization.

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he quality of Romanian phenomena and to ensure their education, especially the higher conscious, active and responsible Teducation management can not participation to the new politics; be understood only in close touch  The emergence and expansion of with the changes and private education, especially its transformations that took place in superior form as an alternative to post-revolutionary Romania. the public. This imposes an Following this event the entire ordering, selection, quality Romanian society has undergone a assessment of minimum major interest and reforming, conditions which were observed restructuring and social renewal. He in all situations; was normal and necessary because it  Connecting the Romanian made the transition from a closed education system at European and social system, anti-democratic, the international level, a process that other newly opened development will be even more a necessity after system based on new principles and January 2007, when Romania values, quite opposite the other. joined the European Union.  The need to depoliticize and non All these factors claimed ideology education. Education Romanian education reform and promoted by the communist restructuring of all its views, system was strongly implanted in especially of its quality assurance communist politics and ideology, with a high accent of the superior is used as an effective tool in one. This required the creation of an counterpower spiritual and institution, authority to conduct political indoctrination and quality assessment process, which to subordination of society and its be independent from the ministry or members. In a democratic society another institution and to have a that was to be achieved, such a European recognition. Qualitative teaching does not take place, assessment of higher education conflicts with its new principles needs to be multidimensional, to be and values, the expected social achieved in stages - draft permit and ideal; accreditation function, to be based on  Transformations suffered by the criteria, standards, minimum social, political, cultural, indicators for performance and translation to a market economy reference. In this context, require new specialists and accreditation of academic and specializations, the old system institutional studies as the final step was lacking in here; was to take an important place in  Restoring the social and political quality assurance. This was the democracy also requires the spring that prompted us to choose Romanian education reform, this theme. To this has been added which would provide a minimum the experience as an expert appraiser of socio-political knowledge that and member of the Committee of will allow citizens to know and Social and Political Sciences. understand the new political

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

Methodology In our study we used the statistical comparison method, both In compiling this article we used the synchronic and diachronic. It was as information sources from meant to highlight the evolution of Romanian and foreign literature. To standards, criteria and indicators for highlight some papers, articles and assessing the old authority CNEAA to studies used: Antonescu L. the ARACIS today. Our experience as "University Management" Polirom, an expert appraiser and member of Bucharest 2000; Atanasiu.GM the permanently committee ARACIS "international management and of Social and Political Sciences, was a quality assurance of higher major support in this endeavor. education", Economic Publishing House, Bucharest 2005; Debates Bratianu.C "Guide to Quality in Higher Education," University 3.1 One of the issues debated in Publishing House, Bucharest 2004; academic circles live is the quality of Charle.C, Verger.I, "History of university education. The quality of Universities" (translation), European educational interest to all Institute, Iasi 2009; Dragulescu.N participants: students, parents, "Standards for evaluating the quality government, society, who are its of higher education in Romania" UPB, beneficiaries, but also faculty and Bucharest, 2003; Mili Caesar, academic staff, i.e. those who create, "Designing and implementing a provide and ensure the quality of quality assurance system of higher education. education economy" (doctoral Introduced in the sixth decade of dissertation), Bucharest, 2005. the 20th century in the U.S., the I was especially looking to the concept of quality in education has law 88/1993, which lays the expanded. The term "quality" refers foundation of the quality assurance to "performance that an process in the Romanian organization providing servants can higher education achieve and the contribution arising institution and establish the National from all activities directly or Council for Academic Evaluation and indirectly related to the conception Accreditation (CNEAA). An important and development service" [1]. The place in the legislative information importance of quality education system for the quality of Romanian process, made that, between 1994- education was the OUG 75/2005, and 1995, the European Commission to subsequently adopted legislation. initiate and fund a pilot project This ordinance establishes the involving 47 higher education current institution for evaluation and institutions in 17 Member States, accreditation of quality assurance of with the objective of higher education in Romanian, experimentation and the Romanian Agency for Higher development Evaluation of a model Education Quality Assurance unit for higher education. Based (ARACIS). upon experience gained from the ap

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 plication of that pilot project in graduation and the issuing of 1998, the European Council issued a diplomas recognized by the Ministry recommendation to Member States of National Education [2]. to promote higher education in For the first time in a legislative national systems of comparable act references were made about quality assurance systems to ensuring the quality of education that facilitate sharing and recognition of would be done periodically and take studies among member into consideration the evaluation of countries. Bologna Declaration, in academic specialization and turn, imposed a new framework for institutional structures. quality assurance in higher According to article 4 of the same education. Education Ministers of law for the assessment and the European Higher Education Area accreditation of higher education have been engaged in meetings in institutions to provide quality Prague 2001, Berlin 2003, Bergen educational process, is established 2005, to support implementation of National Council for Academic quality assurance at institutional, Evaluation and Accreditation, under national and European level. In parliamentary control. Council countries like England, Germany, assessment committee has territorial France, Denmark, Norway, Sweden, domains, profiles, and / or they have created quality assurance specialization. "[3] systems of higher education. In these At 18, "Chapter II" was defined, societies, the application of quality based on the situation and the reality assurance at national and European of the Romanian higher education, level is already a reality. Process academic assessment criteria and with European valences, ensuring standards and accreditation. For the the quality concerned the Romanian accreditation of the institution, had to authorities and institutions as well have every faculty, colleges and in the field, in principle, his ministry specializations, at least 50% of the and university centers. total full-time faculty positions or 3.2 A first step in the Romanian post basic reserved tenured in higher higher education quality assurance education according to the law and of and accreditation in higher education these 20% is teachers and university institutions, and recognition of lecturers, that is under current diplomas, was the issuance of Law standards. Under current standards 88/1993. for accreditation were still other According to article 3 of the indicators such be using at least 25% institutions of higher accreditation to 30% of these standards, the process includes two phases: a) the revenue for its own infrastructure, or interim operating authorization 50% of the area of education, - 70% - granted the right to organize and to present be owned by the conduct the admission process of institution subject to accreditation. education, b) the accreditation Article 29 of Law 88/1993 - so granted the right to hold the license clearly stipulate that "subsidiaries exam, diploma or After the event, faculty institutions, colleges and

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 specializations are considered All same legislation and accreditation separate units”. They are subject to was defined as "a means of quality separate academic evaluation and assurance which certifies compliance accreditation procedure stipulated in with predetermined standards for this Law "[4], was interpreted establishment and operation of according to the particular interests organizations providing education of some private educational and their curricula” [7]. Becoming a institutions, meaning that if there is a permanent priority for any university or a provisional licensed institution, organization or school or accredited specialization level unit, the policies promoted by the Central, you can open branches in Ministry of Education, had legislative other locations, without incurring act establishing a national legal running them for approval or independent institution with legal accreditation assessment, which gave personality and its own budget of birth to live dispute between the income and expenses - Romanian Ministry, and those concerned Agency Insurance Quality in Higher ARACIS. Education (ARACIS). The law set up 3.3 Perspective of Romania's EU standards for quality assurance accession, integration of higher methodology, criteria, standards and education in the European education reference standards, performance space, but also taking into account indicators, qualifications. the need to ensure quality education At 9, the criterion is defined as "a by establishing a legislative fundamental aspect of the framework and the fact that Romania organization and functioning of an is among the few European countries organization providing education," which lacked a mechanism governed the standard for "describing of quality education, it issues an requirements in terms of rules and emergency decree number 75/2005, outcomes that define the minimum filled with other regulations. New law level required to achieve an brings new elements, defines the education activities", the reference notion of providing education that is standard defines the requirements to "an educational institution, an NGO achieve optimal educational activity, or a company, which under state law performance indicator "is a tool for carries out activities or programs measuring the degree of realization authorized by continuing training." of an activity of an organization [5] The same law subsequently providing education, by reference to became law 87/2006, defined in standards, standards that reference" Article 3, quality of education that is and classification which is "the result "all the characteristics of a study obtained by reading and learning the program and its provider, through completion of a vocational or which expectations of beneficiaries' university program of study" [8]. satisfaction, and quality standards” [6]. Providing quality education was to Accreditation organizations achieve both internally by each providing education and programs of organization that was providing study are part of quality assurance. education to establish committees for

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 evaluation and accreditation as well [3] Ibid. as externally that was to be done for [4] Ibid. higher education ARACIS. [5] Government Ordinance 75/2005 published in Official Gazette, Part I, Notes: number 642/20.07/2005 [1] Mili C (2005) "Designing and imple [6] Ibid. menting a quality assurance system [7] Ibid. of higher education economy" [8] Ibid. (doctoral dissertation), Bucharest, pp. 330 [2] Law number 88 of 17 December 1993, Official Gazette of Romania, Part I, number 307 of December 27, 1993

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

RROOMMAANNIIIAA TTOODDAAYY::: PPOOLLIIITTIIICCSS,,, LLAAWW AANNDD AADDMMIIINNIIISSTTRRAATTIIIOONN

Irina Olivia POPESCU

Romanian Justice Reform under CVM’s rule. Innovative vision of the New Civil Code in matters of property rights

Irina Olivia POPESCU

University of Craiova, Faculty of Law and Administrative Sciences “Nicolae Titulescu”, Craiova, Romania. Email: [email protected]

Abstract: The New Romanian Civil Code, in force as of the 1st of October 2011, has new provisions related to how a person can obtain the property of goods, either immobile or mobile. The acquisitive prescription is described in articles 930 – 940 of the NCC, using old legal provisions of the Decree-law no. 115/1938. The main point of interest in this new ruling is the accent on using the land books for most of all legal operations concerning land in particular and immobile goods in general. Seen as the most useful way for a possessor of goods to become proprietor of goods, the acquisitive prescription poses a great interest also for generating property rights also for mobile goods, since this situation had poor details in the old civil code.

Keywords: New Civil Code, acquisitive prescription, land book, property right, goods.

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cquiring property right and other real rights by The New Civil Code defines in art. usurpation 929 the types of goods that can be A acquired by usurpation, using as Acquisitive prescription, or scope of this institution only usurpation, is defined in doctrine as inalienable goods category. the original way of acquiring Thus, goods that cannot be subject property or other real rights over to usurpation are either inalienable immovable property by possession property belonging to the public by a person under the conditions and sector or private goods declared in the time prescribed by law1. inalienable by law. As we shall see in the NCC system, Using the extensive interpretation we observe fundamental differences and also per a contrario of these in the scope of this mode of acquiring provisions, it appears undeniable the property right2. that the property right over all other In the old Civil Code system, categories of goods may be acquired usurpation was of two kinds: by usurpation, only stating that the usurpation of 30 years, governed by goods in question are subject to be art. 1890 Civil Code and usurpation legally possessed. of 10 up to 20 years, governed by art. According to art. 916 par. (1) NCC, 1895 Civil Code3. possession is the factual exercise the NCC governs the acquisition of prerogatives of ownership by the real rights by usurpation in Chapter person who possesses a good and III, entitled Effects of possession, in behaves towards it as an owner4. Title VIII – Possession, using a legal According to legal regulations, can be system fully consistent with that of subject to possession only the the land books. According to art. 928 corporal individually determined NCC "under this chapter, the possessor goods, which are in the civil circuit. may acquire ownership of the Consequently, the inapplicability of possessed property or, where usurpation extends both to appropriate, the fruit produced by it". inalienable goods and to the generic Also, art. 929 states that "No goods goods and the universalities of such can be subject to usurpation, which, goods. before or after taking possession, were In the scope of usurpation cannot declared legally inalienable”. be included the use of real rights such These first two articles in the as free use and the lease right chapter on the effects of possession established under private property in the New Civil Code, albeit in a rights belonging to the state or relatively concise manner, regulate administrative-territorial units. the usurpation institution as a means It should be noted that the birth of of acquiring the property right over a these rights is subject to a regime of good or over the fruit produced by he public law and as such makes it good in question, as the effect of incompatible with the acquisition by possession exercised on that track. usurpation5.

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In the NCC system, a notable According to art. 930 par. (1) NCC difference from the provisions of the "The property right over a immobile old Civil Code is the introduction of good and its dismemberments may be mobile goods usurpation, together registered in the land book by effect of with the well-known, real estate usurpation, for the benefit of the one usurpation. who possessed it for 10 years if: Regulation for the first time on a a) the proprietor registered in movable property acquisition by the land book has died or, where usurpation is an alternative in case appropriate, has ceased to exist; the conditions for acquiring mobile b) was registered in the land goods as a result of possession in book the declaration of good faith are not fulfilled. renunciation for the property ; In the NCC is taking over the real c) the immobile good was not state usurpation classification used in registered in any land registry.” the Decree-Law no. 115/1938 on the Also in par. (2) of the same legal application of acquisitive prescription text is stated that: "In all cases, the in Transilvania and Bucovina. Are usurpator can only acquire the taken over in this way the tabular and property right if he has made the extra-tabular usurpation, the only application for registration in the land difference between the two legal book before a third party has systems being the time interval registered its request for registration required for acquisition, decreased of rights in its favor based on a considerably in NCC. legitimate cause, during or even after expiry of the usurpation term." Extra-tabular real estate From the very term that defines usurpation this kind of usurpation, its scope is Usurpation regulated by the text of clear, namely the lack of registration art. 930 par. (1) NCC is called extra- of ownership or other real rights in tabular because it operates outside the the land books, for the reasons listed entries of the land books. This in par.1 of art. 930. statement should not be understood It is noted that the legislator like the registration of usurpation in considered both the situation where the land books is not required, but like the good desired to be usurpated was this is a way of acquiring property by a never registered in the land book and person not registered as proprietor in practical cases in which entries in the the land book. land books no longer conform to According to the legislator’s will, the reality (if the owner registered in the extra-tabular usurpation is applicable land book no longer exists and there only regarding the property right and isn’t a new entry to its successors or its respectively dismemberments such acquirers in private - art. 930 as usufruct, use, habitation and paragraph 1 letter a) or if the servitude. Extra-tabular usurpation property owner registers in the land does not serve the other real rights, as register an authentic declaration listed in art. 551 NCC. renouncing his right to ownership of that good (as provided by art. 930

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paragraph 1 letter. b, which is in fact the existence of a period during a way of ending the property right which possession was flawed leading covered by art. 562 par. 2 NCC and a to suspending the usucapion term situation of loss of possession and, by default deducting it from the regulated by art. 921 NCC). 10 years’ term. A situation that was not foreseen Acquisition of ownership or its in the old Civil Code, concerning the dismemberments by extra-tabular case where a legal person is the usurpation is achieved through the owner of the property is now means of an application by which the considered in the provisions of art. usurpator seeks registration in the 930 paragraph 1 letter. a, where it land book of his property rights or a refers also to the termination of the dismemberment of ownership right, legal person, in addition to the prior fulfilling one of the conditions premise of individual’s death as a and provided by art. 930 par. 1 letter. cause of registration of property right a-c. the usurpator must apply his by the effect of extra-tabular request before another application is usurpation. brought by a third party, making As regards the time within irrelevant the situation that the third property can be acquired by extra- party submitted his application tabular usurpation, legislators during the flow period of 10 years or established a period of 10 years, after its fulfillment. reduced to half of the 20-year period However, it is necessary to note provided for in Decree-Law no. that any application of the third party 115/1938 for the same kind of must have a fair basis for acquiring usurpation. title to property that is subject to The time from when acquisitive extra-tabular usurpation; if the third prescription begins to run varies by party does not have such a legitimate situation-premise on which the title, registration in the land book of request for registration of property is the usurpator is to be made without founded, starting either from the date taking into account the request made of death or closure of the owner of by a third party without meeting the property or from the date of legal requirements. registration in the land book of the After the expiration of the legal declaration of renunciation of term for extra-tabular usurpation, property, or, in the absence of entries the usurpator does not automatically in the land books, since the actual acquire immovable property in possession of the usurpator begins question, but this expiration on the immobile good. produces only the birth of a right of This means that within these 10 option for the usurpator, in the years, the exercised possession of the purposes of formulating or not the usurpator is meant to be useful, application for registration in the according to art. 922 NCC. Not land book of his usurpation. affecting its usefulness requires The acquisition of property right possession free of vices - or of one of its dismemberments by discontinuity, secretly or by violence, extra-tabular usurpation occurs by

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 the effect of the registration in the that the real owner shall forward his land book. ownership of the property, but the The rights-constituent effect of the seller is not the legitimate owner and land book registration title is also a therefore the contract is null). way of acquiring ownership, For either of these two cases of according to art. 557 par. 4 NCC. invalidity of the title, there is an explicit Tabular usurpation, taking over requirement of the law for the third the contents of Decree-Law no. party acquirer as to invoking tabular 115/1938, is based on entries in the usurpation: good faith. land books, but they are restricted to If the purchaser was aware at the those registrations made without a time of concluding the contract of its legitimate cause, so without a valid title. causes of inefficiency, then he is Tabular usurpation, governed by purchaser in bad faith and art. 931 the provisions of art. NCC 931, par. 1 is not satisfied. operates in favor of the person who is However, the par. 2 of the article registered in the land book, not makes clear two points when good against the person who already faith from the usurpator must exist: enjoys the presumption born from an at the start of possession over the existing land book registration6. property (so at the start of flow According to art. 931 par. (1) NCC: period of) and at the time of "Rights of the one that was registered, application for registration in the without legitimate cause, in the land land book (after reaching tabular book, as the owner of a property or usurpation legal term). other real right holder, cannot be There is clear, however, that disputed when the person registered in between the two moments is found good faith for the property possessed the entire time flow of usurpation; as the immobile good for 5 years after a consequence, it appears that if, the time of filing the application, if his during the term flow, the usurpator possession was uncorrupted." Also knows its title is flawed, regardless of the legislator is showing that: "It is reason, good faith ceases and the enough that good faith exists at the stipulation of its existence at the time time of filing the registration the request for registration in the application and at the time of entry land book was made is no longer into possession"7. satisfied. Unlike extra-tabular usurpation, The period prescribed by law for for the tabular one, the pre-existence possession of the property to be of registration of usurpator’s right in converted into tabular usurpation is the land book is a prerequisite, but 5 years, during which the usurpator’s not with the title that was the basis possession must be uncorrupted, so for registration being valid. Invalidity useful. of the title may come either as a As in extra-tabular usurpation, cause of nullity of the legal act (void corrupted possession suspends the of form or substance) or as a legal act term for acquisitive prescription; the was concluded with a non- affected period of the time is not proprietary (the acquirer believes

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taken into account for the statutory addition to the term of actual (own) period of five years. possession of the time the good was The special effect of usurpation is possessed by his author. the validation of the original invalid It is however noted that the title under which registration in the legislator does not specify in the NCC land book was made. the time until the usurpation’s effects Also, this effect appears as a are retroactive11. punishment for lack of interest of people that could be prejudiced or Notes: affected by the invalid act would have 1 For more details on Constitutional interest to use legal means to fight dispositions concerning fundamental the effects of such an unjust act. rights and liberties (as revised in 2003) The acquirer of the good would not see Anca Parmena Olimid, Politica românească după 1989, Aius Publishing have interest to invoke the illegality of House, Craiova, 2009, pp. 63-65 the title, since its establishment 2 Ibidem invalidates his registration of the land 3 For more details see C. Bîrsan, op. cit., p. book and restores previous situation 316 and following; I. P. Filipescu, A. I. for the parties, facts that make him lose Filipescu, op. cit., p. 314 and following. both the possession of immobile good 4 For a detailed approach on possession and the right to invoke tabular see D. Gherasim, Teoria generală a usurpation. posesiei, Ed. A.R.S. România, București, For both types of property 1986 5 usurpation, the provisions of the old R. Peptan, Uzucapiunea în Noul Cod civil, in Dreptul Magazine no. 8/2010, p. 13 code apply also in the NCC in terms of 6 V. Stoica, Drept civil. Drepturile reale possessions’ junction. In the current principale, vol. 2, Ed. Humanitas, regulation, possessions’ junction is București, 2006, p. 465 found in art. 933. 7 Art. 931 alin. (2) NCC Thus, the legislator states that: 8 Art. 933 alin. (1) NCC "Every holder is deemed to start in 9 Possesion consists of two elements, a his person a new possession, whether material one – corpus and an intentional the property has been transmitted as one – animus, to see, D. Gherasim, op. cit., universal or particular"8. p. 20 and following. 10 Also, NCC takes over the Civil According to art. 933 alin. (2) NCC: „Although, to invoke usurpation, the Code’s conception that possessions’ actual possessor may unite his 9 junction will operate only if there is possession with his author’s one” a legal relationship between the 11 R. Peptan, op. cit., p. 39. possessor and his author10. Possessions’ junction involves the

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

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Andreea-Mihaela NIŢĂ, Veronica ION

Employment policies in the context of the Labour Code amendments in 2011

Andreea Mihaela NIŢĂ

University of Craiova, Faculty of Social Sciences Sociology Specialization, Craiova, Romania. Email: [email protected]

Veronica ION

University of Craiova, Faculty of Social Sciences Sociology Specialization, Craiova, Romania. Email: [email protected]

Abstract: The global economic crisis has affected Romania labor market, changing social policies and regulations on labour and employment. To encourage competition and to allow employers to adapt more easily to the rapid changes of economy, in 2011, there have been recent changes to the Labour Code, the act which governs all relationships to individual and collective employment in Romania. These changes include rules on individual labour contract, working hours and rest time, remuneration, health and safety at work, vocational training, social dialogue, collective bargaining agreements, labor conflicts, labour inspection, labour jurisdiction and legal liability.

Keywords: employment policies, labour code, labour market, Lisbon strategy, social policies.

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uropean Union employment Year 2000 represented a major policy is an integral part of all moment in the evolution of social Ethe complementary policies policy through the development of which have evolved continuously the Lisbon Strategy, which is based on with the socio-economic the ten-year objective of the development models. The Treaty of European Union, namely "to become Rome (1957) had maybe the first the most competitive and dynamic provisions on the free movement of economy in the world based on workers and equality concerning the knowledge, capable of a sustainable payment of wages rights. Regarding economic growth, with more and the created instruments, the better jobs and a greater social European Social Fund is the first one cohesion". which aims to provide support for Later, the European Council has the achievement of social policy and decided that it has to create the employment. necessary conditions for employment Following the creation of the of labour force and established a high single market, as a result of the Single level of employment rate of 70%, and European Act, in 1986 were made the a female employment rate of 60%, steps towards ensuring health at targets which had to be touched by work, relieving and preventing 2010. The Lisbon strategy was hazards that certain substances, used created to help the European Union at work, produce. The most difficult to regain the total occupancy was to achieve a balance between condition of employment and to economic development as its enforce the social cohesion by 2010. "engine" and the social and The objectives of the Lisbon employment policy. strategy in terms of the labour The social dialogue promoted by employment policy were: the Single European Act ensured a  qualitative and quantitative continuous process of negotiation growth of employment; between the various member states,  anticipation and the through organizations such as: capitalization of labor market  ETUC- European Trade Union changes by creating a new Confederation; bal ance between flexibility  EUNICE - Union of and security; Industrialists and  the fight against poverty and entrepreneurs from Europe; all forms of social exclusion  UEAPME-Association of Small and discrimination; and Medium Enterprises;  modernization of social  CEEP-European Centre of security services; Enterprises with Public  the promotion of equality Participation. between genders; These organizations have been  increasing the importance of trying to defend, argue or claim the social aspects of enlargement rights of those they represented, but and the European Union's also the general economic interest. external relations.

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The provisions’ impact of the and models up to create the model Lisbon strategy on employment called the european social model. policy in Romania was favorable on The main areas of activity of one hand and less favorable on the national social policy are the labour other. The main conclusions that market (unemployment) and wage were split off from the research policy, pensions and other social review of the labour market in the insurance rights, social assistance context of European enlargement and family policies, labour relations, were: safety and health at work.  enhancing the substantial export of Employment issue is approached capital (investment) from West by two types of social policies, European countries to those in through passive policies consisting in Central and Eastern Europe, the provision of financial because production costs are lower, management of the individual in case the workforce is cheaper, thereby of unemployment and through active strengthening the competitiveness policies which usually rely on of the European market; initiatives and actions of individual,  emphasizing the considerable task group or community, and which are of the training process to increase usually supported by a public the skill of working for employees; authority at local and/or national  the adaptation of the labour market level with the declared goal of policies to specific cultural employment growth to the level of particularities; administrative territorial unit.  implementing the structural funds, Active programs include four in particular the European Social general categories: the mobilization Fund, which has led to a of labour supply consists of: considerable development of the programs that improve the chances labour market; of employing the persons who pose  the contribution to the economic difficult problems of placement and development gap between member which, in the absence of such states, to enhance the measures would probably remain competitiveness of products, to inactive, granting subsidies to increase competition on the support the employment of the European market, which ought to current workforce in the private overall lead to increase the sector and to assist persons who competitiveness of the European’s launch into business on their own, Union economy. development of work skills, which are Unfortunately, the global mainly the responsibility of economic crisis has affected Romania employers and of the national system and customized changes in social of education and training of the policies and regulations on labor and workforce. This fact approves employment. The development of training programs for adults, member states’ evolution from regardless of their occupational European Union has passed several status, period of apprenticeship and stages of maturity for its concepts other related forms of general

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vocational training for young people, which the European Union member promoting the spirit of active search – states face during the crisis, affecting aims to support the processes by tens of thousands of people. Thus, at which those who are looking for a job the end of 2009, the unemployment are put in touch with potential rate in the European Union was 8.9%, employers, direct jobs creation, representing an increase of 1.9 per involving either temporarily work or cent compared with the in some cases permanent work in the unemployment rate in 2008. public sector or under organization Unemployment is also rising in units. Employment policies are a Romania, peaking in April 2010, at a distinct domain within the rate of 8.07%, similar to that framework of social policies, their specified in the European Union. objective being to maintain and According to the Employment report increase employment, through direct in Europe 2010, the total active or indirect actions, designed to population of Romania, respectively ensure jobs for young people who are 9488 of thousands of people, 967 of entering the labour market, for the thousands were BIM unemployed, a unemployed or others who want to matter which is affecting the labour engage as employed persons. This market, and at the same time the happen because of another economy of the country. phenomenon – unemployment- with Population labor force participation in Romania since 1997 to 2010 1997 1999 2001 2003 2004 2005 2006 2007 2008 2009 2010

Total 22328 22346 22326 21686 21638 21609 21575 21551 21517 21484 21462 Population Population 15158 15189 15277 14933 14964 15021 15035 15046 15042 15028 18210 Ages 15-64 Active 11756 11566 11151 9915 9957 9851 9562 9479 9944 10226 9965 Population Total ...... 9569 9410 9267 9331 9365 9369 9175 9240 Employed Population Total 9912 9598 9529 8602 8635 8651 8838 8843 8842 8805 9428 Employed Population Ages 15-64 BIM’s 706 790 750 692 800 704 728 641 576 681 725 Unemployed Source: European Commission, Report: Employment in Europe 2010, p. 188

Unemployment is a complex social problems of the European Union. In phenomenon with multiple psycho- this respect, the European Council social effects which currently has a has regularly addressed the issue of very large scale. Increasing the employment, defining a European number of unemployed people in the strategy for employment. world has focused attention on the

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On 26 March 2010 in Brussels, the changed for the fifth time in the last European Council discussed the new 60 years the act which governs all strategy for employment and relationships to individual and economic growth of the European collective employment in Romania. Union - "Europe 2020: a new strategy The first Labour Code adopted on for jobs and growth". The Council 8 June 1950 found employment for agreed on key elements, including all employees, including civil key objectives that will guide the servants, without distinction implementation and the methods of between to those specific categories monitoring and improving strategy. It of public officials and other servants was agreed that the main objective, of the Romanian public sector, which namely to arrive at the rate of excluded in any form, the possibility employment of the workforce of 75% of employees and enterprises to for women and men between the negotiate individually or collectively ages of 20 and 64 years, including the working conditions. increased participation of young On 1 March 1973 was adopted, in people, older workers and the less accordance with the basic rules of skilled and better integration for international law of labour, a new legal migrants. Labour Code which was in spite of Employment policy work covers the stresses of propaganda the most vast domains, but closely linked to advanced legislation in the matter of the related ones. These areas may employment relationships from include: the labour law and working among the former socialist countries. conditions, equal opportunities The code could not reflect something between men and women, social other than the spirit of the work protection, labour protection, concept and society in the elimination of social exclusion and consolidation of socialism: the struggle against discrimination, the regulation of matters relating to creation of a functional system of employment relationships; the role of social dialogue both at enterprise, extremely low trade unions and industry, national and community collective agreements, to settle the levels, to ensure the consultation of right to strike. social partners in making the most Since 1989, Romania has important social and economic come a complex and difficult process decisions. The compatibility mode of of transition to the economy market Romanian law with the Community so that the labour code has become acquis legislation is determined as inapplicable, except the Individual the ratio between the amount of Labour Contract without which Romanian laws transposing the employment relationships could not acquis. exist. To adapt Romanian legislation in The Labour Code adopted by law the field of work to Community No. 53/2003 opens a new stage in the legislation and the major changes evolution of labour law in Romania. following the macro-economic crisis, To the labour code of 1973, the new in 2011, the Labour Code has code brings modern rules, adapted to

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the labour market in Europe, which 30 days from the date of its protects employees and give them publication in the Official Gazette of greater security of employment, for Romania, Part I, respectively on which it attracted criticism but also 30.04.2011. the reputation of " essentially trade The main amendments concern: union code " ( 2003 version of press  informing employees on the inclusion has identified a number of rights, 246 in the job description of the job duties; 304 in the favour of employees and  completing the rights of employers to only 58 in favour of employers). establish individual performance Changing the Labour Code in objectives and the criteria for assessing September 2006 reflected the their implementation;  unilateral renunciation of the non- criticism received by Romania on compete clause stipulated in the contract, behalf of the European Commission the payment allowance-compete ending within the meaning of the 53/2003 in the following month the employee's Law which does not fully comply written notice concerning the with the Community regulations, in denunciation (art. 21, parag.5); particular in the areas of the working  specification of the individual labour time organization and the procedures contract in the amount of additional for such redundancies. benefits in money or in all kind of To encourage competition and to benefits are additional ways; allow employers to adapt more easily  establishes the obligation for to the rapid changes of economy, in employers of individuals to conclude in writing, to the employment contract 2011, there have been recent changes prior to the commencement of execution to the Labour Code, the act which of the contract; deals with all employment  increased the duration of the relationships, shows how to control probationary period to a maximum of 90 the application of the rules on calendar days for run-time functions and community employment more than 120 calendar days for relationships, as well as labour managerial functions; jurisdiction. These changes include  prohibition on the aggregation of more rules on individual labour Contract, than two functions at the same employer; working hours and rest time,  suspension of the employer's remuneration, health and safety at initiative as CIM sanction, there will be disciplinary action; work, vocational training, social  in the case of the temporary reduction of dialogue, collective bargaining activity for economic, technological, agreements, labor conflicts, labour structural or similar reasons for periods inspection, labour jurisdiction and exceeding 30 days, the employer will have legal liability. the possibility of reducing working time The Labor Code proposed by from 5 days to 4 days a week, with the Government for adoption throw the corresponding reduction of wages, to procedure of its responsibility to remedy the situation. In case of objective Parliament, contains amendments to reasons the activity should be reduced or the labour code (Act No. 53/2003). paused for a maximum 15 days per year The new code (Law No. 40/2011) with the obligation to resume; the employer may be granted unpaid leave, after entered into force within a period of informing the Union;

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 the repeal of article 72, which made he may give up at any time to any references to new hires after the collective employee during this period without being dismissal within the meaning of that after controlled and this trial period isn’t the dismissal may be made at any time on considered a job tenure; the same recruiting posts, without having 2. Individual performance objectives to wait nine months or sending and criteria for evaluation belong notifications about new jobs for former exclusively to employers, and employees employees made redundant; can be fired at any time in case of  the obligation of the employer when professional discordance; the employee's resignation. The 3. In the case of redundancies there employer's refusal to register the will be fired the first ones who have not resignation entitles the employee to accomplished individual performance prove it by any means of proof; objectives. The evaluation criteria for  increasing the period of notice in the these performances are unilaterally set event of resignation, which may not be less by the employer only. In fact, the than 20 working days for employees based employer may dismiss who he will want on performance, not less than 45 working and the employees can’t be defended. days for those who occupy positions of After dismissal, even the next day, the leadership; a 12 months increase within employer may hire other people on the the duration of the individual labour employment of those dismissed, without contract, till 36 months; (compared to 24 being obliged or sanctioned in any way; months in present); 4. Employees could be delegates  impossibility of halting the CIM for a against their will, without employer’s period to be agreed by means of an obligation to introduce of a clause in the addendum by workers who have contract for Individual mobility of Work, benefited from a trainee training at the which would oblige him to extra pay for expense of the employer. his employee;  compensation for the additional hours 5. The employee will not be able to labour paid within 60 days after it; during the continue his activity, so he will not be paid, times of reduced activity, the employer has from the moment in which the required the possibility of granting days off which will authorization, certificate or notice are no be paid into an account; he must be able to longer valid. Such authorizations, opinions or cover in advance, any overtime to be statements may not be extended; performed during the year; 6. The employer can always decrease  programming the leave of rest will be the activity of the employee and his done so that each employee performs in a wages on the grounds that he has calendar year at least 10 working days of temporarily reduced his activity, without uninterrupted holiday; being mandatory (as in the old code) the  recovery of salary for damage caused consent of the employee. Moreover, he exclusively by the employee; can send the employee on unpaid leave.  increasing the amount of fines imposed In this way there is no minimum safe by the labour inspectors on work or labour and income so that the employees non-resignation. may not even take loans from banks; The direct effects that occurred 7. The employment contract during unlimited period will disappear; most after the amendment of the labour employees will be employed by contract code are major and they are affecting for a determined period. In this way it the whole system: can completely disappear the safety and 1. The employer may employ any protection of the workplace, employees person for the same post, for a trial period, won’t be able to receive severance pay,

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they will no longer be able to make loans, of records relating to individual but in this way they can be stimulated to contracts of Employment and be competitive; emphasizing competitiveness in the 8. Temporary employment agencies professional level. will provide increasingly more activities for employers, in preference to their References: employees. Discarding the strict 1. Dobrotă N. Aceleanu, M.I. 2007, situations where an employer is allowed Employment resources for work in Romania, to use the temporary employment Economic Publisher; business, the employer may replace the 2. Giarini O. Liedtke, P. M. 2001, The work of any permanent employee with employment dilemma and the future of an temporarily employee to whom he has labour, Merona Publisher, Bucharest; no responsibility or obligation. In this 3. Narayan Deepa, Michael F. Cassidy, A way there is a risk that the majority of Dimensional Approach to Measuring Social employees to become temporary, that Capital: Development and Validation of the they may be fired at any time; Social Capital Inventory, Current Sociology, 9. The employer is able to amend at 2001; any time the rule for work that is likely to 4. Otovescu E. M. (coord.) Treaty on unilaterally alter the salary. Employees general sociology, Craiova, Beladi Publisher, will thus become addicted to the 2010; employers decisions; 5. Preda Marian, Romanian social policy 10. Collective bargaining agreements will between poverty and globalization, Polirom be available and the employer’s wishes Publisher, Iaşi, 2002; known as the "representatives of the 6. Zamfir Cătălin, Stoica Laura, A new employees" in most cases are appointed by challenge: Social Development, Polirom the employer and not elected by the people. Publisher , Iasi, 2006; In this way the rights of employees will be 7. The Ministry of Education and Research, laid down directly by the employer without 2007, Report: National system of education, the possibility of negotiating a fair contract. Bucharest; By entering the undertaking, the 8. The Romanian Institute for Evaluation employer may retain, at any time and and Strategy (IRES), Report: Corruption any damage he has and may be assigned Barometer in Romania, 2010; to the employee. 9. European Commission, Report: Immediate indirect effects were Employment in Europe 2010. felt in the Labour Inspection statistics 10. Ministry of Labour, Family and Equal subordinated to the Ministry of Opportunities, Report: The European Labour and Social Solidarity, which, regulations in the field of employment and in May this year, covered design for vocational training, July 2007, Bucharest; 11. INS Yearbook of Romania, 2008, 2009; over 75 000 new contracts in the first 12. *** Law No. 76/2002 on the four days of the new code entry force. unemployment insurance system and Even if in short-terms employees boosting employment. face adverse changes in the long run, they will be aware of the important benefits highlighted in the advantage

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Mihai GHIŢULESCU

Politics without Institutions. A Brief Outline of Modern and Contemporary Romanian Administrative History

Mihai GHIŢULESCU

University of Craiova, Faculty of Social Sciences Political Sciences Specialization, Craiova, Romania. Email: [email protected]

Abstract: This article is a general overview of the Romanian administrative system during the last two centuries, arguing that formal institutions never fully played the role they ought to play and that the historical experience is one of the main explanations for the way in which we perceive them today.

Keywords: government, public administration, institutions, decentralization, informal arrangements.

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wenty years ago, when Romania Romanian historical drama films in entered on a new path, Romanian which the characters were influential T historiography focused on two politicians from Modern and main directions: the Contemporary Ages. I understood condemnation of the communist regime everything without being necessary to and the resurfacing of the pre- pay attention to their communist one. It was obviously a constitutional/legal rights and duties, desire to discover – or to invent?, we but only to accept the convention that might ask – a local democratic tradition they were powerful people. For in relation to which the totalitarian comparison, I will mention an experience would have been nothing American movie: All The President’s more than an imposed and unfortunate Men. In this case, I was not able to parenthesis. Although the new understand what happened in the historical discourse seemed completely Watergate Scandal without looking for different from the old one, we must supplementary information on the notice that the thought remained American government system. Coming basically the same – simple and back to Romania, I want to say that I dichotomous – just with a switch of studied the evolution of the central and terms: the old Dark Age became the local administration since the creation new Golden Age and vice versa. It is of the modern state (1859) until not my intention to discuss here this nowadays, focusing, due to my issue. All I want to emphasize is that academic obligations, on the first 50 the presentation of the two ages years. The research confirmed the matches with their names: it is like the hypothesis that formal institutions have telling of a fairy tale, with a lot of always been less important than the details on facts and figures but with no informal arrangements, but it also or very few explanations about why and revealed a paradoxical situation, how things were possible. This lack because the same institutions have does not seem to make difficult the made the object of permanent debates understanding. Just as adults do not ask and frequent reforms. Theory and questions about gods, emperors, fairies, practice have always been in conflict. elves etc., ordinary Romanian readers Many people would hasten to say that are not curious to know more about the we face once more the classical legal and political status of the Romanian pattern. No comment! We characters that populate their history might identify a vicious circle: the books. Is it their fault? I believe not, institutions never functioned properly since neither the historians consider because they lacked stability and their necessary to provide details. Is it their malfunctioning created the impression fault? Maybe yes, maybe not! The fact that other new changes were necessary. is that, in Romania, state institutions But this theory would suppose that never fully played the role they ought to politicians had a real intention to make play. For this reason, ignoring them is things work and they simply failed to not an impediment to understanding the achieve it. I am not sure about that. I events, or at least not to an extent that will try to point out below some makes obvious the need to study them. I relevant aspects and to express some came to this idea while watching some

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 opinions about how the past affects the that was assigned to all branches of the present. public service. Thus, the villages and the village courts, which appear in the The Old Kingdom: A Young law, do not actually exist”1. I am sure State Looking for Itself that many people recognize today’s At the mid-nineteenth century, the situation in this description. I agree government of the two Romanian with them. But I do not agree with Principalities had just made the first those who merely note the fact with that timid steps towards institutionalization. kind of traditional Romanian fatalism Paradoxically, the modernizing or, even more, with masochistic movement was initially imposed by one pleasure. No! The essential is to find of the most archaic states of Europe, out why and how have we succeed to Russia. The authority remained highly face the same problems as 150 years personalized given that the institutions ago? Did we never move or did we were not (yet?) rigorously designed and move in a circle? that their functioning was at the Romania made its great leap to a beginning. I dare to consider that it was modern political and administrative not a particular case in the context of system at the end of the 1850s and in the time. But it was something special the 1860s. The main legal instruments here. In order to illustrate the local were: the Paris Convention of 1858, the particular situation I will quote the so-called Additional Statute (1864) and statement of a foreign observer, the especially the Constitution of 1866. It is baron Talleyrand-Périgord, a key also important to mention some member of the European commission particular statutes, notably those charged with the drafting of a plan to organizing the counties, the towns and reorganize the administration of the the villages (1864). United Principalities in 1858: “After Let’s begin with the central 1834, we saw how institutions, good in administration! Its main feature was the themselves, have degenerated in the incomplete and imprecise regulation. hands of local princes who, determined The liberal Constitution of 1866, which to keep tolerating and even organizing represented the “institutional basis”2 of corruption, had to enter into battle with the Romanian state for more than half a the institutions they were required to century, was limited, in several issues develop. As long as this conflict, which to the proclamation of modern is a necessity of their situation, will be principles, leaving the task of proper perpetuated, as long as the corruption regulation to subsequent laws, which from the top will be inevitably reflected often occurred very late or even never. to the bottom, I can not believe in the All that we know for sure is that the effectiveness of any administrative and Executive power was entrusted to the judicial reforms. The government, Monarch (initially prince and, since weakened as political authority, has 1881, king), who became by that the done everything possible to seize “supreme administrative authority”. He powers that the fundamental law (i.e., had the right to appoint all The Organic Regulations) protected administrative agents – without creating from it. Where it could not govern, it new functions –, to adopt and to acted with the help of a corrupt staff execute administrative regulations in

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order to enforce legislation. But, due to cabinet was primus inter pares, its the irresponsibility/inviolability of the superiority was strictly political and Monarch, all his acts needed to be their authority derived not from the counter-signed by a minister. The office but from the capacity to make Constitution did not say too much about themselves listened and from the the ministers; the most important personal confidence of the Monarch. provision was that they were appointed Once again, I dare to say that up to this and dismissed by the Monarch without point Romania was not strongly any political responsibility in front of different from its Western models, the Parliament. In practice, they were because in France and in Belgium at considered “agents of general that time it also frequently happened administration” and each of them that “practice kept the place of the headed a ministerial department constitution”3. The originality comes (Internal/Foreign Affairs, War, Justice, from now on: Romanians did not Finances, Public Instruction, Public succeed during the first 50 years to Works etc.), although the Constitution solve any of the central administration’s did not even mention such a thing. problems. First, they did not create or Another questionable issue refers to all they created with great delay the ministers as a collegial body. Although legislation needed to fill constitutional words like “government”, “cabinet” or gaps, even if this obligation was “council of ministries” were frequently provided by the Constitution itself. I used at that time and subsequently in will give just two examples. Although historiography, it is important to notice the Constitution provided that that this institution, however we call it, ministerial responsibility will be did not have a solid constitutional and regulated by a special statute presented legal basis. From a radical perspective, in the first parliamentary session, this it might be even said that it did not one was adopted 13 years later, in 1879, officially exist, because it was regulated and it was never really enforced. neither by the Constitution nor by any Second, although politicians and legal special statute. Its structure and its theorists agreed that, in the spirit of the functioning were outlined to some Constitution, the structure of each extent by disparate provisions from department ought to be regulated by a various statutes and especially by special statute, in practice the statutes customs inspired from the Western were delayed for years and sometimes models. The office of “Prime-Minister” for decades. The extreme case is the or “President of the Council” had been one of the Ministry of Justice, which actually created since 1859 but no never had a statute: its structure and its written norm regulated it until 1881 functioning were established by a when a statute provided that the simple administrative regulation. This president had the right to be minister situation was definitely without portfolio. This almost never unconstitutional. Given the facts that happened because, due to the fragility there was no ministerial organizational of their legal status, prime-ministers framework law, that statutes of the preferred to increase their authority by various ministries – when there – were running directly at least one not harmonized and that many times, department. Their status within the there were discrepancies even between

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 the provisions of the same statute, it but he returned to it more than 40 years was considered that there was a “clear later. disregard of the legislature to organize Things went different in the field of ministerial services”4. In addition, the local administration. The statutes of Romanians failed to develop strong 1864 vested counties and municipalities customs in order to stabilize their with legal personality and with modern administrative system. Practice cannot institutions, following the French and keep the place of the constitution as the Belgian model. The problems long at it has no regularities and is started from the difficulty to enforce the dominated by particular and arbitrary law in the Romanian social and arrangements. The most relevant economical context. The consequence example concerns the political was a great legislative instability: the responsibility of the government. The statute concerning counties was idea that a vote of no confidence should modified 8 times and the one lead to the fall of the government was concerning municipalities, 6 times, unanimously accepted. But this was without counting the statutes that pure rhetoric because in practice the affected this matter indirectly. Beyond Parliament was frequently dissolved the frequent changes, it is readily and the government organized and won observable the difference between new elections. The famous words of the politicians’ declared principles and conservative politician P.P. Carp are intentions (especially during the periods suggestive for the way in which the when they were in opposition) and their Romanian political system functioned effective measures. It might be said at that time: “Give me the government that, despite the quasi-permanent and I will make the parliament”. proclamation of the necessity of Although problems were never decentralization, the administrative solved, they were permanently organization of the Romanian state was discussed. It is impossible to resume characterized from the very beginning here the debates that have spanned over by a pronounced centralism, which was half century. I will just say that during continuously accentuated. Local 52 years, Romania had no less than 42 institutions were always controlled by cabinets and that each change was central authorities in two ways: first, accompanied by a giant verbal war. the legal one consisted mainly in the Generally it can be concluded that right of administrative trusteeship institutions existed only in rhetoric. In (approval or rejection of documents, practice the state functioned on the generally before their entry into force) basis of various agreements between on the decisions of the local politicians and the monarch, with little deliberative bodies (county or respect for the formal law. It became municipal councils), but also in the legendary the discontent of the German right to nominate persons for the prince/king about local leaders’ executive functions (prefects and behavior and their incapacity to assume mayors); in the second case, the most long time solid projects: after only 5 frequent, it was all about ignoring years on the Romanian throne he councils and taking from the center the wanted to abdicate, he gave up the idea decisions of local interest. They were enforced by government’s agents,

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which often acted arbitrarily. Regarding habit of ignoring formal institutions the quality of the administrative staff, would have not been perpetuated. The we must note that many of the mayors general impression is that most were illiterate and many prefects important decisions were taken not in merely knew how to read5. the government but elsewhere, in an In conclusion, decentralization was a informal group of interests, which used beautiful word, but nothing more. A state institutions just as a simple central largely unregulated interface. During the ’30s, this situation administration and an over-regulated became more obvious because of the but systematically undermined local important role played by Charles II and administration: this was the main its “camarilla”. Another problem, feature of the first fifty years of the strictly related with the first one, was Romanian State. the great government instability: since December 1918 until December 1937, Great Romania: A Bigger State Romania had no less than 24 cabinets with Bigger Problems with 11 prime-ministers. At a glance, After World War I, Romania saw we might ask when did have the central significant changes not only in terms of administration the time to function. territory and population, but also in The organization of the local political and administrative matters. administration faced more significant The central administration faced with challenges given the fact that it was various new issues. The Constitution of necessary two integrate new provinces 1923 filled the gaps left by the with different experience and traditions Constitution of 1866. It was explicitly (Austrian, Hungarian and Russian). said that the “the government exercises Some of them (i.e., Transylvania, Banat the executive power in the name of the and Bucovina) had a more king” and that “assembled ministers decentralized regime. But the formed the Council of Ministers, unification statute of 1925 extended chaired, with the title of President of the over the entire territory the model of the Council of Ministers, by the one Old Kingdom, with all its structural and charged by the King to form the functional disadvantages. This measure government”. Regarding the ministerial generated, obviously, a lot of departments, during 1918-1929 their complaints in the new areas. Another organization was still made chaotically, statute was adopted in 1929. The depending on the experience, on the manner in which a historian of the needs of the moment and on the administration characterized this statute personal or party interests. The lack of a synthesizes all about the evolution of framework law might be considered an the local administration: “it achieved advantage because it facilitated their decentralization in the higher degree adaptation to the new conditions6. The known in modern Romanian history” law was finally adopted in 1929 and it but, despite this, “we can not say that it formally created an unitary form of the represents a model of administrative government structures. In retrospect, all decentralization” because the new these legal achievements may seem system was very complicated, the tasks important steps forward and they set to the local authorities were too hard probably would have been so if the old to achieve and the trusteeship was still

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 overwhelming. All that “produced more but, in fact, “its connection with confusion instead of encouraging local RWP/RCP was very close, fact that in autonomy”7. The act was amended 11 an one-party system meant the times until 1936 when it was replaced enforcement of the decisions taken at completely. During the two interwar the top of the country’s sole hierarchy: decades, beyond the legal problems, the The Communist Party”8. That is what functioning of the local administration the handbook tells nowadays to the was permanently disrupted by political high-school pupils. We may observe interferences and by private interests, two main characteristics of the which often prevailed over the public government during the entire ones. communist period: the great and The state of the central and local permanently growing number of administration generated a deep sense ministers and their frequent changes, of dissatisfaction, which was one of the called “staff rotation” at that time. The main causes of the strong current of authority of the government members opinion hostile to the democratic stemmed not from the position in the regime. This was abandoned in 1938 state but from their membership in the when Charles II imposed its party’s leading structures and/or in the authoritarian rule, continued after 1940 informal group around the supreme by general Antonescu’s command and leader. Although in law Romania was a after 1945 by the… democratic republic it functioned as a absolute monarchy with a leading The Communist Regime: family – it is frequently used the term Administration as a Ghost “dynastic communism” – and a It seems odd to talk of institutions nomenklatura similar to an aristocracy. during the communism. Almost no The word “activist” was used as real a historian does that although it is to real title of nobility. realize that the regime was strongly The local administration and the institutionalized. Excepting repressive organization of the territory suffered or propaganda institutions, rightly several changes passing from the considered essential for the regime, but traditional Romanian one to the soviet also having “exotic” names that give model and choosing finally an color to the discourse, all the others are intermediary version. It must be said merely mentioned, with no explanation that since 1950 until 1960 the et no concern for their formal and real traditional counties were replaced by role within the system. As a wider regions. One of them, inhabited parenthesis, we all believe that we by a major Hungarian population, was know who people like Gheorghiu-Dej called “autonomous region”. But the or Ceausescu were, but if we are asked autonomy existed exclusively in law. In about their official functions, I think practice, the degree of autonomy is that nobody is able to give a correct and suggested by a popular joke of that complete answer and few know how to time: when Hungarian people asked a find it quickly. Hungarian ruler, Ceausescu proposed In communist Romania the them (read appointed) someone named government continues to exist officially Ion Ungur. as the supreme administrative authority

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As in the previous period, each During the first decades of its life, constituency – no matter its name – had Romanian State tried to find its elected deliberative and executive appropriate institutions, but it failed, bodies: Popular Councils and Executive maybe because it never had patience to Committees of the Popular Councils. try a precise model for more than a few Their functioning reflected the years. Meanwhile, the real functioning of the central administration of the country passed administration: they were accompanied from the institutions in the hands of by local party committees led by prime- various (more or less) informal groups secretaries (local projections of the that controlled the state at a given time. supreme leader). Their official This situation, when aware of it, was autonomy was undermined by the always considered a transition. But each subordination to a national Committee transition was followed by another one for the problems of the popular councils an so on. Formal administration directly subordinated, in turn, not only remained just an object of endless to the government, but also to the debates. Under the circumstances, it Central Committee of the Party. was impossible for the Romanian people to develop a civic culture. Conclusions. How the past affects Instead, it created a real culture of the the present ad-hoc arrangements and of a relative Where are we now? Sutor, ne ultra disregard for the formal law. The crepidam! as the Latin poet said. Just as communism continued and reinforced it is not allowed to the shoemaker to all what it had found. criticize what is above the sandal, I Unfortunately, things did not change think that neither the historian can not after 1990. Polls show always a lack of judge today’s’ administrative confidence in the State institutions. institutions. From now on, it is lawyers’ Beyond the particular problems of the job to do that. new transition, the history certainly tells All that I want to emphasize is that its word: if we are accustomed for so Romanian historical experience could long that the institutions do not matter explain the way in which we perceive how can we believe suddenly that they today state institutions. matter? We actually can not, but it is First of all, we must accept that we important to believe that they might can not borrow any administrative matter. And we do not seem to believe model from our past. It might be that either! The so-called “state reform” possible to identify some particular is nothing but a subject for the talk- aspects that we consider necessary/good shows, with no precise reasons, to take over today, but not an entire and contents and goals. It seems just one not even great part of a model. more reform for the sake of the reform Romanian State never had a Golden and the history teaches us that not only Age! This is nothing but pure that it does not solve anything, but that imagination. Let’s face it. What we can it can even aggravate existing problems. learn from history it is not related to the The essential is to make the institutions, formal institutions, but to the political with all their imperfections, to function culture. in a manner as close as possible to that prescribed by the law. I may look

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 idealistic to you but I am really not. I Dimitrie C. Sturdza, Volumul VII, am aware that we can not solve our Bucuresci: Lito-Tipografia Carol Göbl, problems without pressures and without 1892, p. 148. a threat with sanctions. If we will be 2 Dan Berindei, Societatea românească în forced to really try that, we will finally vremea lui Carol I (1866-1876), succeed and consequentially, for the Bucureşti, Ed. Elion, 2002, p. 114. 3 Hugues Portelli, Droit constitutionnel, 3e first time in history, we will gain édition, Paris, Dalloz, 1999, p. 72. confidence in the institutions. Here, 4 Manuel Guţan, Istoria administraţiei once more, I expect to hear something publice româneşti, ediţia a doua revăzută about the Romanian nature we like to şi adăugită, Bucureşti, Ed. Hamangiu, invoke as an excuse for all the bad 2006, p. 220. things we do. It is nothing about nature, 5 Ibidem, p. 263. it is all about culture and culture can 6 Ibidem, p. 256. change… 7 Ibidem, p. 261. 8 Institutul de Investigare a Crimelor Notes: Comunismului din România, O istorie a 1Acte şi documente relative la Istoria comunismului din România. Manual Renascerei României publicate de pentru liceu, Iaşi, Ed. Polirom, 2008, p. 52. Ghenadie Petrescu, Dimitrie A. Sturdza şi

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

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Ionuţ RĂDUICĂ

Negative Freedom and its Evolution

Ionuţ RĂDUICĂ

University of Craiova, Faculty of Social Sciences, Philosophy Specialization, Craiova, Romania. Email:[email protected]

Abstract: The negative meaning of the freedom requires an understanding of the state of nature. In this article we analyze how the negative freedom is understood. Furthermore, we will show which are the weaknesses and the strong parts of the negative freedom. Besides that, we will focus upon how the concept of negative freedom is understood by John Stuart Mill. We will argue that the negative freedom is better then a positive meaning of the freedom.

Keywords: freedom, modernity, John Stuart Mill, liberties, society.

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

ublic speech upon positive and d) In natural state all individuals are negative liberties consists in equal and free Pclassic discussion upon what is e) Overcoming the natural state and the state of nature. We have to say building up an articulated social that at the beginning that natural state structure hasn’t been done through a is what people think it is, not what necessary transition, but through a natural state really is, so at this time we common convention, which regards are able to say that natural state is a intentions of individuals interested to mentally experiment made possible by leave the natural state. Considering political thinkers and political this, society appears as an artificial philosophers during the age of being, a product of the culture, not of Modernity. The major conflict between the natural state. the two points, that of political state f) The pattern of society has to interpretation and of the development present common perspectives, as of the two visions of the concept of opposed to natural state2. liberty, which contains positive and So far we have showed some negative liberty, interpretation had incompatibilities between natural been related to social changing and state and authorities. We have state approach in Modernity. On these demonstrated that natural state lines, it is obviously that the modern supposes a non-political approach. states have been changed since the Besides that, social order is based on existence of polis. Towards ancient polis, laws, rights, and norms. An modern state has now a representative articulated modern society is democracy. Besides this main change, organized, well developed and it has political thinkers tried to match a valid some fundamental principles. Natural interpretation of natural state with the state is not a simple or simplistic ones of laws, authorities and even in structure. It contains individuals who contemporary age with the concept of act for their own purposes even bureaucracy1. Therefore, Numberto having common priorities. The next Bobbio argues that natural law – state question is how and why natural relationship has these roots: state has been transformed into a a) Natural state, which is non- complex social instance? If we are political and anti-political, is starting able to understand easily this actual to point on the rethinking of the state transformation, it might be difficult background to observe the first primary stage of b) Natural state and civil society are evolution from natural state to a opposite one to each other – social complex organism. Apparently, organized civil society regards a we cannot see a link between natural correction of natural low and natural state and society in the way the last state shortcomings. one is seen today. If on one hand c) The natural state background natural stage is constituted by depends upon individuals, and even individuals acting for their interest, though they don’t share a common on the other hand modern societies society they are social beings

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 are more related with consensual or negative and positive. Isaiah Berlin majority will-power. uses two term to describe liberty Furthermore, the Italian researcher which is `negative approaching` and Bobbio says that the concept of `positive approaching`. He claims that freedom has been developing from the negative perspective of liberty the following assumptions: can be circumscribed by the question 1. Concerning freedom’s perspectives `Which is the field inside of whom the we should consider natural state: individual or a group of individuals is a. It is necessary to have a thoughtful or should be allow to do, or he is overview on natural state, especially allow to be, or he is allow to do if this is an idealistic or historian without any immixture from exterior assumption by other people?`. On the other hand, b. If natural state supposes the idea positive meaning of liberty leads to of war and peace the question `Whom or whereon the c. If in natural state individuals are authorities can bound someone to do separated or isolated: if individuals or to be`4. Therefore, public speech depend on each other or instead of on positive liberty refers to its object; that they have simplistic and instead negative liberty regards primitive forms of social structures. motivation and tools which are used 2. In freedom’s perspectives we to support it. According to this, we should follow formal and content get to the question `What is alternatives regarding the way on freedom?`. Most of the political which the society is built: philosophers argued in many ways. a. The social contract should take Berlin says that in general the most place between individuals for a common meaning of freedom is bigger goal (than for the community found when no individual or law or in itself) or it should track a third institution bound us to act in the way instance we wish. Instead of that, the coercion b. The social contract between occurs when the area of freedom, individuals should have or not a related with what I want and how I further contract, the one between the want to act, is diminished. people and authorities of the state If this area of freedom is naturally c. In case we have a social contract reduced by human nature (for example, we have to know according to which when I cannot eat more than my body terms it can be cancelled. allows me to), then freedom has nothing d. We have to know if a contract can to do with it at all. Furthermore, if I get rid of any natural state remaining3. cannot buy a product, because there are Briefly, most of political many people ahead in the line, and the philosophers developed their ideas number of products is limited, then, based on the paradigm that we again, we cannot speak about limits of described above. Every important freedom at all. Freedom and its freedom’s theory has a state of nature boundaries occur when there is an interpretation and view. As we know, individual or institution or law that the concept of liberty has been restricts me to do something. developed into two approaches – Considering the example above, I can

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 only say that I might be victim of Coercion vs. Freedom and Anarchy vs. oppression if my incapacity to get what I Unity7. Hobbes was worried because of want comes from the others, as well for the insecurity of life, the insecurity of instance my incapacity is a consequence possessions, and the insecurity of a of other individual or individuals5. restricted freedom8. For this English However, there were writers and writer, diversity of views comes, in political philosophers who thought general, from a wrong and dogmatic that freedom can be limited, perspective of interpretation, so he considering higher goals of freedom, claimed that anyone should follow a such as justice, happiness, or pre-designed `geometry of political security. Consequently, freedom was views`, which can be used as a tool for a sacrificed for many centuries in scientific method as well as Descartes Modernity6. At the same time, there did with his philosophical method. were public and personal liberties In his Leviathan, he asserts the considered to be inalienable. following ideas: Different writings on freedom were a) Humans are made equals by nature focused on the theme of What is through their bodies and mind faculties freedom for those who don’t find any b) Physical competition is not unequal, use for it?. These assumptions start when the weak can kill the strong with the thesis which says that in c) As skills are equal, then the hopes reality it may happen to limit the to achieve the goals are equals too liberties of a group of people in order d) For achieving our goals, we try to to enlarge the liberties of others. eliminate others’ Another question arises – What is the e) To have long relationships we limit of freedom and how can we find need to have an over-mediator9. its boundaries? Of course, one can say Beyond his political ideas, that we should ask if any limitation of Hobbes says every human by nature freedom is natural or not? However, can use his power to preserve his live. different points of view consist in Furthermore, any human by natural law what is the nature of human beings. is forced not to put his life in danger10. We have now two main approaches Thomas Hobbes argued that about human and his interpretation. freedom is the absence of external Thomas Hobbes subscribe to the limits, which can make an individual negative freedom. According to Noberto powerless and useless11. Bobbio Bobbio, the English philosopher intends comments that Hobbes was a realistic to solve the problem of his time, which philosopher, and his theories are is the one of unity of the state. It is well closer to reality than others, like known that Hobbes wrote his works Locke or Rousseau. His fears during the war. The state and the regarding wars and philosophy of Church both claimed the power in human’s conflictive behavior make England. At the same time the Crown Hobbes one of the most important and Parliament fought for power as political thinkers of his time. well. Considering these, Hobbes’s For preventing violence to blow up question was Who and how can have there is necessary to have a tool. power? We have two dilemmas: Furthermore, there is a need for

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 individuals to donate some liberties to which means the humans have a political power. If political authority natural dignity, assured by laws. A very manage to give people peace and important aspect is that law aims to welfare back, then Sovereignty can hold develop a private sphere within which all the power and use it when the individual has full sovereignty. The necessary, as well. Inspired by the Bible, Pattel’s conclusion is that without this Hobbes uses the metaphorical name of sphere humans have the same status Leviathan, representing now the as that of being slaves16. The political power who had been invested. problematic aspect of the negative For Hobbes, only Leviathan can solve freedom consists on the equilibrium the dispute among people. For humans between human beings (individual) admitting Leviathan’s sovereignty it and society (rules). If society is too means accepting morality, power, strong it is possible that individuals peace, justice12. may be too weak. If individuals are too Another follower of the negative strong, the society might be too weak. liberty is John Stuart Mill. He considers The latter idea is better than the that individuals have the right to have former, because the real danger which their own opinion, but they shouldn’t be could ruin the world is the absence of allowed to use every act of will that personal initiatives17. Even the laws could be a limitation for the freedom of must admit that human beings are the others. How can we hold an different, and striking down the individual act to be expressed if it’s individualism goes under despotism dangerous to us? John Stuart Mill says perspective. Therefore, the freedom of that we should first consider that we individuals concerns individuality and have to condemn a taken action, and society and laws of society concerns afterwards we can submit to different the structure of society. In short, forms of active refutation13. Who does society must remain in its own field have the right to pursuit and apply and and this structure will protect people18. action against people? Which are the That is one clue which makes Mill one limits of liberty? Mill, as almost all of the best adepts of the negative empiricists, considers that human freedom among world’s political beings can easily make mistakes. In his philosophers. Another reason which words, to think is not the same thing gives Mill’s philosophy the with to think correctly. Therefore, endorsement of the most popular people should have the permission to philosophical conception is that the develop their own individuality and English philosopher achieved to personality, in brief, it refers to analyze the transformation of the conditions for welfare14. His deep human into a human being on a deep understanding of the concept of level of understanding, possible only if freedom consists in a strong humans can choose between good and relationship between us, as long as we evil, even accepting that a human being don’t attempt to limit others’ freedom15. is imperfect in its nature, but a human The specific type of freedom which being has the chance to improve itself Mill invokes is, in Cyrus Pattel’s and evolve into a great being. The opinion, an `ontological individualism`, negative understanding of freedom

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 supposes the presence of the right of attempt to deprive others of theirs, or experimenting, says Isaiah Berlin19. impede their efforts to obtain it”. (Spranding, T. Chareles, Liberty and Great References: Libertarians. An Anthology on Liberty. A 1 Herbert Spencer shows how a modern Hand-book of Freedom, Golden Press, Los state like 19th century England risks to Angeles, 1913, p. 137) fall into an extension of regularized norms 16 Patell, Cyrus, Negative Liberties. and low, which implies more and more Morrison, Pynchon, and the Problem of state’s employees (Spencer, Herbert, The Liberal Ideology, Duke University Press, Man versus the State, with Six Essays on Durham and London 2001, p. 14 Government, Society and Freedom, ed. 17 Mill, John Stuart, op. cit., pp. 79-80 Eric Mack, introduction by Albert Jay 18 Ibidem Nock, Indianapolis, 1981, p. 45) 19 Berlin, Isaiah, op. cit., p. 277 2 Bobbio, Nomberto, Thomas Hobbes and the Natural Low Tradition, tranlated by Bibliography: Daniela Gobetti, The University of Berlin, Isaiah, Freedom and its Betrayal. Chicago Press, Chicago, 1993, p. 2 Six Enemis of Human Liberty, Edited by 3 Ibidem, pp. 3-4 Henry Tardy, Chatto & Windus, London, 4 Berlin, Isaiah, Freedom and its Betrayal. 2002 Six Enemis of Human Liberty, Edited by Bobbio, Nomberto, Thomas Hobbes and Henry Tardy, Chatto & Windus, London, the Natural Low Tradition, tranlated by 2002, p. 168 Daniela Gobetti, The University of 5 Ibidem, p. 169 Chicago Press, Chicago, 1993 6 Ibidem Hobbes, Thomas, Leviathan, With an 7 Bobio, Nomberto, op. cit., p. 87 introduction by C. B. Macpherson, 8 Ibidem, pp. 29-30 Penguin Books, Harmondsworth, 1980 9 Hobbes, Thomas, Leviathan, With an Mill, John Stuart, On Liberty, Edited by introduction by C. B. Macpherson, David Bromwich and George Kateb, Yale Penguin Books, Harmondsworth, 1980; University Press, New Haven and London Mill, John Stuart, On Liberty, Edited by Spencer, Herbert, The Man versus the David Bromwich and George Kateb, Yale State, with Six Essays on Government, University Press, New Haven and Society and Freedom, ed. Eric Mack, London, pp. 37-41 introduction by Albert Jay Nock, 10 Ibidem, p. 42 Indianapolis, 1981 11 Ibidem Spranding, T. Chareles, Liberty and Great 12 Ibidem Libertarians. An Anthology on Liberty. A 13 Mill, John Stuart, On Liberty, op. cit., p. Hand-book of Freedom, Golden Press, Los 87 Angeles, 1913 14 Ibidem, p. 74 Patell, Cyrus, Negative Liberties. Morrison, 15 „The only freedom which deserves the Pynchon, and the Problem of Liberal name is that of pursuing our own good in Ideology, Duke University Press, Durham our own way, so long as we do not and London 2001.

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

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Ionuț ŞERBAN

The Greek and Latin cultures reflected in modern Romanian culture

Ionuț ŞERBAN

University of Craiova, Faculty of Social Sciences, History Specialization Email: [email protected]

Abstract: The article shows how two Latin countries, Romania and Italy, developed, in the modern era, a very close bilateral relation, and helps one to another with sympathy in a crucial period of great transformations such as political and national unity. In all this period of struggle for achieving their national goals the most tied up relations were the cultural ones. We also can see that an important civilization such as the Greek one expressed it gratitude for the sacrifices made by the Romanians that for hundreds of years stood tall and defended the western civilizations in front of the ottoman conquerors. In conclusion, the Latin origin of the Romanian people is a heritage that honors them and also obliges them to live up to great expectations, not only from the cultural point of view, but also for the glory that they have to defend.

Keywords: culture, Romania, Latin origin, national unity, Romanian independence.

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

hoosing Colonel Alexandru The Italian diplomat told Vasile Ioan Cuza as Prince at 5 and Alecsandri that his Italian C24 January 1859 in Moldova counterpart had performed the and Wallachia put Europe to face necessary steps near the the "fait accompli", the phrase that Department of Public Instruction the Romanians transformed in of Italy, under which Charles synonym for reform, the Pierrerati was assigned and who fulfillment of national aspirations accepted the offer made by the in the period 1859-1866. Romanian State: In parallel with the diplomatic "Mr. Minister, I rushed to recognition of the double election, inform the Minister of Foreign Prince Cuza was deeply involved Affairs of His Majesty, the contents in the cultural life of the country, of the note that you had the honor becoming the patron of the to address Him in January 28th, establishment in 1860, of the Iasi under the number 176. University. His Excellency communicated it It is also aimed at creating and to the Department of Public consolidating some cultural Instruction, under which Mr. institutions in Iasi and Charles Pierrerati, procurator at Bucharest. In this sense, the the Museum of Zoology in Turin, discovery of a document in the operates. Diplomatic Archive of The I received today, from The Ministry of Foreign Affairs in Minister for Foreign Affairs, the Bucharest, dated 14 March 1860, order to inform Your Excellency shows the response of the knight that Mr. Pierrerati accepted the Annibale Strambio, diplomatic proposal of the Government of agent of Italy in the Wallachia’s Wallachia and the offered Capital, to the note nr.176 from conditions...."2. the 28th of January 1860 sent by The Italian specialist, a worthy the Minister for Foreign Affairs of descendant of the ancient scholars Wallachia, none other than the myriad led by Caius Plinius great poet, revolutionary and Secundus great (Pliny the Elder), unity fighter of the forty-eight author of Naturalis Historia revolution, Vasile Alecsandri. He fundamental work, has taken this asked to be sent a specialist from important mission and will work the Italian capital, Turin, Carlo for five years in Bucharest. In Pierrerati to organize and lead the addition, after learning the Museum of Natural History in Romanian language, he would Bucharest, due to the address become the holder at the submitted by the Ministry of Department of Natural Sciences, Religious Affairs and Public University of Bucharest, "Mr. Instruction no.41 from the 20th of Pierrerati undertake a contract for January 18601. five years with possibilities to be renewed and he has to conduct the

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 preparation and organization of authorization to contract this the Natural History Museum in commitment. His Majesty's Bucharest, with the title of Government, with whose Director, with an allowance of 400 insurance I’m happy to be charged, francs per month, which includes it will always speed through the accommodation and means available to meet the heating. Travel expenses will be intentions of the Government of fixed at 90 ducats or 600 francs, His Highness, Prince Ruler in all and so to return at the contract that will be profitable for the expiry. Mr. Pierrerati will Romanian nation"5. accumulate tasks attached to the In his turn, Minister Alecsandri Department of Natural History, communicated the affirmative whose holder will be the, tasks response of the Italian side by that will be carried out only when note no. 973 of March the 16th he will learn the Romanian 1860, to the Ministry of Cults and language itself"3. Public Education in Bucharest6. The Romanian State pledges to During his mission in Turin, give 12,000 francs, an amount that Alecsandri will meet Giovenale Italian specialist determined to be Vegezzi Ruscalla, an Italian who sufficient for the institutions from 1845 was in touch with equipment, in charge of who he Romanian realities, collaborating wanted to settle as quickly as with the "Gazeta de Transilvania" possible: "The cost for purchasing led by George Baritiu. After the tools, machinery and other living signing of the peace treaty in Paris necessities for the museum would in 1856, Ruscalla sign articles in rise, after the calculations were the Italian newspapers such as "Lo made, at the sum of 12,000 Spettatore", "Il Mondo francs. Mr. Pierrerati doesn’t Letterario"7. insist, however, to have this entire In 1861 he became inspector of amount immediately. He will give the Romanian government for the an accurate account about the Romanian students who since amount to be spent and about 1860 were able to study in money that will be sent in advance Italy. From 1863 was declared an to Turin, immediately on his honorary citizen of Romania, arrival in Bucharest. Mr. Pierrerati status from which he fought in the finally wants to sign the contract cultural area for the recognition of as soon as possible"4. Romanian independence8. Italian government's gesture No less important are the would be followed by other historical evidence attesting the measures to strengthen bilateral historical Greek vestiges on the relations between Romania and Romanian territory. The research Italy: "The Kings government did of these important and valuable all the efforts to delegate a evidences begins in this period. procurator as distinguished as Mr. We discovered during our Pierrerati, and gave him the research at the Diplomatic

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

Archives of the Foreign Ministry a In these common fights the series of documents illustrating cultural affinities were the ones the fruitful development of that triumphed all the time. friendly relations between the On the other hand, the Romanian principalities and Romanian culture was the main Greece. barrier that stopped the ottoman Thus, in August, the 16th 1860, expansion over the western world. the Greek General Consulate in That’s why important civilizations Bucharest, through the consul such as the Greek one is grateful Constantin Haralambie, sent to the for the sacrifices made by the Foreign Minister of Wallachia, I.I. Romanians that for hundreds of Filipescu a letter in which he was years stood tall and defended the informed that a Greek citizen, western civilizations. sculptor Ioan Cossos Greek sent a In conclusion, the Latin origin petition to the Greek Consulate of the Romanian people is a accompanied by two busts made heritage that honors them and by him in the marble of Paros and also obliges them to live up to Pentelic, expressing desire to great expectations, not only from donate it to the Romanian state9. the cultural point of view, but also In the return address, no. 2936 for the glory that they have to of 22 August 1860, the Romanian defend. minister thanked to the Greek Consul and sculptor Ioan Cossos, Notes: on behalf of Prince Alexandru Ioan 1 Diplomatic Archive of the Romanian Cuza government, expressing the Foreign Ministry (D.A.R.F.M.), unanimous admiration "for the Bucharest, Historic Archive, vol. IV, dossier 46/1860, file 26 great work forever engraved in 2 Ibidem, file 27 our memory of the classic land of 3 Ibidem. 10 Greece" . 4 Ibidem. The same day he also sent the 5 Ibidem. letter no. 2937 to the Ministry of 6 Ibidem, file 28 Religious Affairs and Public 7 Alin Ciupală, Giovenale Vegezzi Instruction in order to take the Ruscalla between two motherlands– necessary steps for the takeover of Italy and Romania, în Annuario. the assets in the National Museum Istituto Romeno di cultura e ricerca patrimony of the two works of umanistica 5 (2003), edited by Şerban Marin, Rudolf Dinu, Ion Bulei 11 art . and Cristian Luca, Bucharest, 2004, p. The common origin with the 392-397 Italian people, both nations being 8 D.A.R.F.M., Historic Archive, vol. IV, the in heritages of the glory of the dossier 46/1860, file 28 Roman Empire, made them 9 Ibidem, file 29 especially in the modern era have 10 Ibidem, file 30 almost the same road in realizing 11 Ibidem, file 31. their political and national unity.

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011

IIINNTTEERRNNAATTIIIOONNAALL PPOOLLIIITTIIICCSS::: HHOOWW TTOO DDEEAALL WWIIITTHH TTHHEE RREECCEENNTT IIISSSSUUEESS??

Mihai Ovidiu CERCEL

Organizational Incentives in the Globalization Process

Mihai Ovidiu CERCEL

University of Craiova, Faculty of Economics and Bussiness Administration, Craiova, Romania. Email: [email protected]

Abstract: The present article examines the increase of a state power and its tendency to control its international relations into a complex action and counteraction, more often than not, a process of redefining its expansion and its ever increasing costs.

Keywords: international relations, globalization, geopolitics, economy, diversity.

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he majority of specialists economic and political consider that, after the organization because, as Adams T 1980s, sometimes, in an Brooks comments in his work The aggressive manner, there Law of Civilization and Decay, the were strong incentives of change great changes in the field of and restructuring of the commerce, and also the new and international system, through the modern commercial roads development of geopolitics, of continue to be the secret of and economy and of financial flows. even the key to history. Namely, The increase of a state power and anytime, any empire rises again its tendency to control its under different conditions and international relations constitutes realities, with other rulers, and itself into a complex action and thus, the cycle starts again, on counteraction, more often than complex coordinates and for not, a process of redefining its complex reasons, as “the existent expansion and its ever increasing relations are tense and practically, costs, and into a social everybody has to start new organization that can determine relationships with social systems the economic surplus and its that become more and more transfer modalities in the context diverse and, consequently, of globalization. Under these divided.”2 circumstances, a plurality of forces This statement is true because and motivations results into new nowadays, both the extension of social, economic and political the global market economy and interaction patterns, both at the the consolidation of the political national and international level. influence determine, more Rosabeth Moss Kanter from consistently than ever, the ‘Harvard Business School’ believes repositioning of the global market that “without any doubt, economy, and also of the military globalization is one of the most power, the one that can dictate a powerful and universal influences certain type of competitiveness, over nations, business affairs, which powers advanced workplaces, communities and technologies and more and more lives at the end of the 20th capital investment in the assertion century”1; these considerations of the dominant power. are valid, considering that the The diversity, imprecision and whole planet, by its more and inconsistency in the defining of more complex relations, has globalization have complicated the already witnessed a new era, that evaluation and generalization of of cultural harmonisation, of its effects, there being opinions in general commercialism and of favour or against it, especially savage consumption. We witness a fears about the present and even replacement of former empires by more, about the future of the the empire of the market economic expansion process, of economy, underlying a global the cultural and political

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 expansion process, as is known view - those countries that export that globalization threatens even the process of globalization are democracy, annuls the local also subject to some processes of autonomy and specificities, general profits degradation, and it national traditions and is only by carrying out business spirituality. At the end of this operations at the international century, there are “many social level that huge profits are and political problems that are obtained, those powerful extremely serious, and in order to multinational businesses and solve, or at least to tone them companies will definitely down, there are changes that must consolidate their corporate force, be made at the level of political both at the national and action. But to accuse globalization international level. and to wish for its disappearance The globalization of business does not solve anything, while the operations was obvious during the adoption of new national and last decades of the past century, as regional policies could help the it was mainly realised by CMNs, by poor and the disinherited.”3 a complex and constant process of Robert Gilpin considers that the transnationalization, in which the in-depth changes in the field of networks of global business international relations, and also operations took part, along with the new forms of expansion, the their subordinate branches and economic being at the core, still firms. In a productive diversity of continue to ensure, at present, the organization forms, the target succession of hegemonies, as there markets in the developing are states that impose prices and countries were identified, then the actions, attitudes and force, the modalities of business balancing of power being implementation, their sources of imperative, through economic, support, the possibilities to technical factors, resources, penetrate the political and communication, in order optimise consumption area. There were costs and profits. cases when the global networks of A number of specialists believe production and distribution were that, through globalization, a reorganized according to certain certain hierarchy is established in national barriers and demands, by the international economic and offering considerable autonomy political system, that some states and advantages of integration in will be sent to the periphery, while the transnational production others, on the contrary, will gain systems. For example, in Romania, ascendancy, as CMN the Coca-Cola Company obtained (multinational corporations) and different primary advantages the excessive international trade regarding locations, exemption will cause sharp inequalities from taxes, the same as other among states. Other economic firms that received financial aid analysts hold a different point of from the Romanian state, with a

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view to creating jobs and to both by increasing production and ensure substantial production on by modernizing their own the Romanian soil: Ford is one of products, higher in quality the companies which, in its compared to these. Other studies position of strategic investor, pointed out that the exports of imposed all sorts of privileges on these companies acquired a higher our country: financial aid, plots of share, even in difficult economic land for the collateral production, conditions, like, for example, the a special road for the transport of global financial crisis, which did the vehicles produced at the not trigger the decrease or Craiova factory, tax reductions, stagnation of production, like in rescheduling of payments and other countries but, on the interest etc. Another challenge of contrary, diversified it, by business globalization is producing more for exports. represented by the real In the case of multinational investment in the area of companies, another type of production and services. behaviour is observable when Investment was not always as high profits and exports increase, while as stipulated in contracts, as all the state shows a much lower rate types of excuses were put forward, regarding the national economic some of them fictitious, others performance. partly real: a lack of proficiency, Hyperglobalists point out and the existing stocks, the economic praise the fact that CMNs favour a and financial crisis, a lack of borderless, solid economy, as the specialists. role of the state is diminished in But there are also companies, the problems of its own economy, unfortunately only a small number there being a confrontation of them, which, by restructuring between the corporate power and and rationalizing their corporatist the state power, which will activities, have managed to generate a zero sum of power. On remove commercial barriers and the contrary, other voices consider financial difficulties, establishing that globalization and the themselves on different transnationalization of business international markets. If, years affairs display the redundant ago, the Japanese automobile character of independence in companies dominated the some states; they consider that the American market, nowadays, the balance of power will shift against Mioveni factory has a destination CMNs, but they accept the of products in states with a time- paramount importance of honoured tradition in this respect: investment and of technology Germany, France, Spain. Thus, in a transfers as fundamental free global economy, certain CMNs landmarks in the present global connected their national economic system. performance with the competitive “However, CMNs constitute the performance on world markets, main axis of the contemporary

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 global economy. Around 53.000 definite meanings to this process: CMNs generate at least 20% (30%, “the downward race and the end of according to others) of the global national sovereignty, the loss of production (Dunning, 1993b, p. 14; national autonomy and of control Strange, 1996, p. 47; Tezzaton et al., over the economy, the promotion of 1997; UNCTA D., 1998). Despite the high technology in diverse regional concentration of geographies, the decrease of production, international business welfare, the cheap labour force, the networks comprise the three national, social and political central regions of the global disintegration etc. There arises economy, by linking the destinies of the simple question whether communities and nations in globalization represents a solution complex networks of both to the rich countries and to the interconnections. In opposition to states undergoing the what sceptics maintain, CMNs are democratization process; whether it not only “national companies with imposes the positive significations international activities” and, as of a complex process of hyperglobalists comment, neither emancipation in all aspects or, on are they “corporations unleashed”, the contrary, it puts downward which cross the globe in search of pressure on ailing economies. maximum profits (Hie, 1992; Reich, In a global market, and one that 1991). In fact, CMNs play a much smoothens financial flows, due to more important role in the the integration of national functioning of the global economy economies and of international than they did in the past, and they competition, the stating of the have a crucial role in the globalization consequences organization of extensive and continues to be incomplete, intensive coordinated transnational therefore increasing more and more networks of production and the specialists’ efforts to define and distribution, which are historically interpret this extremely complex unique. CMNs and global networks phenomenon. of production are fundamental for the organization, placement and distribution of productive power in References: 1 the corporate global economy.”4 Niculescu, Simona Mirela (2001). Relaţii publice internaţionale în If the most obvious effect of contextul globalizării. Bucharest: globalization is represented by the Comunicare.ro, p. 12. prevalence of the market over the 2 Kruckebug, D. (1995). “The nation-state, and partly, by the Challenge for Public Relations in the diminishing of the national Era of Globalization”, in Public economic sovereignty, and the Relations Quarterly 40(4) 1995, p. 37. erosion of state borders, specialists 3 Gilpin, Robert (2004). Economia claim that the “supremacy of the mondială a secolului XXI. Provocarea market over the state, and of capitalismului global. Iaşi: Polirom, economy over politics”, by assigning p.223.

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4 Held, David; McGrew, Anthony; (2004). Transformări globale. Politică, Goldblatt, David; Perraton, Jonathan economie şi cultură. Polirom, p.325.

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IIINNTTEERRNNAATTIIIOONNAALL PPOOLLIIITTIIICCSS::: HHOOWW TTOO DDEEAALL WWIIITTHH TTHHEE RREECCEENNTT IIISSSSUUEESS??

Cătălina Maria GEORGESCU*

Stereotypes, migrants and the media: an analysis of the Romanian press on migration

Cătălina Maria GEORGESCU

University of Craiova, Faculty of Social Sciences, Political Sciences Specialization, Craiova, Romania Email: [email protected]

Abstract: The economic and financial situation of the past few years has shifted the balance against immigration, turning immigrants into a less desirable section of the labor force. The result was an increase in the discriminatory rhetoric and in the use of stereotypes that battered the already severed image of migrants and minority groups and reduced their chances in finding appropriate employment and work conditions. This paper is a case study on the manner in which migrants are represented in the Romanian written press which discusses the power the media have on shaping perceptions, especially as it often translates into increasing discriminatory and violent attitudes towards migrants. The study is based upon four research questions: In what manner are migrants represented in the Romanian media? How do general media practices affect reporting on migration issues? How is migrants’ cultural identity communicated through the Romanian media? Is there a biased media discourse as regards emigration/immigration? The case study is based on two hypotheses: first, the use of stereotypes, prejudices and cliches by the media is determined by the type or amount of coverage and second, the use of specific themes, news frames and quotation patterns also influence the content of news delivered throug the media.

Keywords: discrimination, frame, media, migrant, perception, stereotype.

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rief introduction: myths, Research questions B images and stereotypes The central research question of Myths of cultural identity this study is how migrants’ portrayal and cultural stereotypes are fueled in the media could reflect upon public through the media often without opinion perceptions so as to awareness of the damages these determine the escalation of acts of practices could provoke to public racism and discrimination capable of opinion perceptions of migrants and threatening the individual’s security. ethnic minorities. Four other questions stand at the Many times images on migrants in basis of this research: In what the media are filled with manner are migrants represented in preconceived ideas, stereotypes, the media? How do general media mentalities and prejudices and the practices affect reporting on resulting effect cannot be but noxious migration issues? How is migrants’ through the deformed image they cultural identity communicated promote. Superficiality in perceiving through the media? Is there a biased and treating the “other” often leads to media discourse as regards a negative labeling. emigration/immigration? Various characterizations of migrants1 often do not exceed some Launching hypotheses media clichés which can be At first sight, an attempt to sum up influential on how society perceives all the different views on migration to the “other”. The interdisciplinary and from Romania seems very attention surrounding imagology is difficult. However, the approach not of a recent nature as it has would be simplified if we were to stimulated the research of academics discuss the issue of migration from and scholars on mental images and the perspetive of the hypothesis stereotypical information for a long according to which the type and period of time. In the public domain amount of coverage influence the discrimination is often delivered spread of stereotypes, prejudices and through the media by social cliches by the media. Thus, the case representations2, by constructing or study is based on two main deconstructing social categories, hypotheses: negative or positive stereotypes Hypothesis 1: The type or amount through which people relate to the of coverage influence the spread of “other”. stereotypes, prejudices and cliches by This paper is a case study on the the media. manner in which migrants are Hypothesis 2: The use of specific represented in the Romanian written themes, news frames and quotation press which discusses the power the patterns influence the content of media have on shaping perceptions, news delivered by the media. especially as it often translates into increasing discriminatory and violent attitudes towards migrants.

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Major findings beliefs and the legitimization of Media professionals act according exclusionary practices and hostility to their belief that the press is towards them”5. nothing but a “mirror” of society. Having this in mind I proceeded to However it is the journalist who “a) the analysis of the Romanian press in identify(es) the events worthy to offer order to reveal the dominant themes news substance, and thus chooses with which migrants are associated what he/she considers interesting and to determine how articles are enough to become public information; framed. Framing analysis aims at b) select(s) and verify(es) information uncovering the hidden message offered by various sources; and c) behind an article, though not every pack(s) information in texts, genres article should have one. and formats according to The analysis also aims at predetermined rules of journalistic identifying stereotypes present in writing”3. Thus, the paper wonders media discourse and to determine whether news-making practices whether we can observe the influence the content of reporting. existence of bias towards certain According to different authors, news- categories of migrants. We were also making is exposed to a double interested in learning whether we challenge: externally the terrible can identify under- or over- volume and rhythm of information representation of migrants’ opinion and events which exceeds in the media. possibilities of processing and filtering has imposed labour division Methodology and the hierarchy principle, and The aim of this study is to discuss the internally news making relies heavily manner in which national mainstream on work mechanisms based on well- media portrays migrants6. The analysis is established working procedures and based on the monitoring the electronic routines4. Can this reality in the editions of four Romanian top daily editorial office justify some newspapers (Adevărul, Jurnalul Național, researchers’ statements that racism Cotidianul, Evenimentul Zilei) and one and discrimination appear often in Internet news source (HotNews.ro) in the the media not consciously because of interval July 1st, 2010 – December 31th, the beliefs shared by media 2010. This analysis is based on articles professionals, but rather due to in Romanian written press that made routine procedures and professional specific references to migrants. By constraints of news making process: centralizing all articles dealing with the according to Jessika ter Wal “Racism subject of migration in the respective in the media is often not blatant: it is period of time a total number of 215 precisely the implicit stereotypical articles resulted. In identifying suitable representations, generalizing or articles for this analysis the following justifying statements, or even the very keywords were used: ethnic/ethnicity, of ethnic minorities’ emigration/emigrant, viewpoints in news about them, that immigration/immigrant, migrant/migration, produce the widespread prejudice marginalized, minority.

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Figure 1. Publications reporting migration

HOTNEWS.RO; 30; 14% EVENIMENTUL COTIDIANUL; 12; ZILEI; 39; 18% 6%

JURNALUL ADEVĂRUL; 78; NAȚIONAL; 56; 26% 36%

The situation of newspapers this subject in August appeared after which found an interest in reporting the release on July 20th of the migration is as follows: Adevărul European Commision country report (78), Jurnalul Național (56), on the progresses made by Romania Evenimentul Zilei (39), HotNews.ro within the Cooperation and (30) and Cotidianul (12) (figure 1). Verification Mechanism and after the The highest frequence was recorded numerous “voluntary” repatriations in August 2010 (54 articles) and of Romanian citizens, demolishion of January 2011 (39 articles), followed illegal camps at the periphery of by September 2010 (32), December major European cities, and the 2010 (31), November 2010 (30) and number of official statements of October (29) (figure 2). This rate of French, Italian, Swedish authorities coverage and press interest towards towards Romanian immigrants

Figure 2. Frequency of articles dealing with migration

August September 2010; 54; 2010; 32; 26% 15%

October January 2010; 29; 2011; 39; 13% 18%

November 2010; 30; December 2010; 31; 14% 14%

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The numerous articles dealing EU border-free Schengen area in with the issue of migration in January March 2011. 2011 can be explained through the Moreover, by classifying all interest for the debated subject of monitored articles we obtained the Romanians’ repatriation was following situation: most articles followed by the discussions and analyzed were news pieces (107), official statements on Romania’s followed by feature story (85) and intention and preparation to join the opinion pieces (23) (figure 3).

Figure 3. Type of article

Opinion pieces; Feature story; 23; 11% 85; 40%

News pieces; 107; 49%

Trends in media coverage: illegal migrant camps (26) and dominant themes, attitudes and “voluntary” repatriations (26), with frames the image of migrant workers The following step was to pass to meeting labour market necessities the analysis of the news contents, to (24), brain drain phenomenon (23), measure the frequency of themes and economic crisis and poverty (23), presence of actors, to identify frames relations with national public and to offer some interpretation to authorities (21), statistics on the results. migrants/migration (20). Migrants Dominant themes with which were depicted as victims of abuses in migrants were associated are 17 articles, while in 15 articles the presented in figure 4. A first issue of migrants is discussed in observation is that migrants were relation to human rights. In 12 mostly associated with articles migrants were presented in discrimination (30 articles), with the association with migration policies, issue of joining the EU border-free 12 articles present migrants’ success Schengen area (30 articles) and in 30 stories. Also, migrants were articles with the issue of border associated with interethnic conflict security and illegal migration. (10), aspects of cultural identity (7), In some articles migrants were granting citizenship (7), asylum- associated with the evacuation of seeking (3).

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Figure 4. Dominant themes in newspaper coverage of migration issues

Assylum-seeking 3

Border security/illegal 30

Brain drain 23

Cultural identity 7

Discrimination 30

Economic crisis/poverty 23

Felonies/Delinquence 11

Granting citizenship 7

Interethnic conflict 10

Joining Schengen area 30

Meeting labor market needs 24

Migrant camps evacuation 26

Migrants & human rights 15

Migrants in statistics 20

Migration policies 12

Relation with authorities 21

Success story 12

Victims of abuses 17

"Voluntary" repatriations 26

Series1 0 5 10 15 20 25 30

News framing analysis both to journalists and the public, 2) According to Mihai Coman (2003) through cultural models with a framing is developed “1) either profound ideological content, 3) by through cultural categories common applying journalistic categories

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(stereotypes, writing techniques, epic: profit-only once” (Adevărul, styles, genres, formats), 4) by August 18th, 2010), “Beggar expulsed derivation from the ensemble of from France: «Used to reach out my themes, supra-themes or pre- hand and say ‘Bonjour, madame!’»” fabricated narrations existing in the (Adevărul, October 23rd, 2010), journalistic and social repertoire”7. “Sarkozy’s gypsy epic” (Cotidianul, Our analysis identified 5 dominant August 20th, 2010) are good examples

Figure 5. Framing analysis

Anti-repatriation theme

Anti-emigration theme

Pro-emigration theme

Pro-immigration theme

Anti-immigration theme

Discrimination is w rong

Government incompetence myth

Security myth

0 5 10 15 20 25 themes in articles framed with strong for the use of this theme. Also, a anti-repatriation, anti-immigration strong “anti-repatriation” theme and pro-emigration messages, and in could be found in the articles “What articles framed with a kind of Roma does France send us”, “discrimination is wrong” type of (Jurnalul Național, August 19th, message or in articles filled with the 2010) and “Roma are returning from government incompetence myth France”, (Jurnalul Național, August (figure 5). 13th, 2010).

The qualitative analysis on how the news media portrays migrants Anti-emigration theme is used in identified a strong anti-repatriation articles whose message contains a message in 21 of the articles studied. negative portrayal of emigrant life; to Articles entitled “Raids made by quote only a few titles: “An Sarkozy against Roma remind of Nazi emigrant’s life: « In Rome I am too Germany secrete police” (Adevărul, ashamed to speak Romanian »” August 17th, 2010), “Sarkozy’s gypsy (Adevărul, October 10th, 2010),

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“Portrait of Romanian immigrant: Athos detector of illegal immigrants” Young and poor” – Alfred Bulai (Adevărul, September 25th, 2010). (Adevărul, August 23rd, 2010), “Who Discrimination is wrong is one remains in hospitals following the big of the dominant frames identified in emigration?” (Adevărul, August 13rd, 15 articles which promoted the 2010). message discrimination and racism Pro-emigration theme was used are morally wrong. However, the in 20 articles which promoted the race/migration issue appears linked establishment outside Romanian like this only in articles depicting the borders. Journalists framing articles situation of migrants outside this way usually referred to Romanian borders (i.e. the Roma): hardships at national level and a “Spaniards make double than generous reward abroad, usually in immigrants” (Adevărul, November terms of carrier and better living 23rd, 2010), “Two Spanish politicians conditions: “Gardner turned incriminate Romanian gypsies for businessman” (Adevărul, January existing co-living issues” (Adevărul, 22nd, 2011), “Studies abroad- September 20th, 2010) also making opportunity to emigrate” (Adevărul, reference to the actions of a November 6th, 2010), “Candidate to Catalonian politician distributing the resident exam: « I don’t intent to fliers with the message “We do not remain in the country to serve »” want Romanians!”, “Italy intensifies (Adevărul, October 18th, 2010). gypsy hunt” (Adevărul, August 22nd, Pro-immigration theme was 2010), “Is Germany becoming identified in only one article covering islamophobic?” (Adevărul, September the story of a South-African 28th, 2010), “Swedish Minister of orthopedist doctor being refused Immigration on the expulsion of Romanian citizenship. several Romanian gypsies: begging Anti-immigration theme refers represents an unhonest means to to stories framed with the idea that gainmoney” (Hotnews.ro, August 2nd, establishment of immigrants is 2010). perilous to the majority population The government incompetence through a negative portrayal of the myth. These stories are framed with immigrant. Stories thus framed refer the idea that government deals to immigrants as a cheap and illegal inadequately the current economic labour force that can pose a threat to situation or has not taken the honest tax payers, illegal migration, appropriate measures to accomplish felony (i.e. fake passport), human the reform. Journalists using this trafficking etc. etc. with headlines theme often referred to the economic such as “How do illegal immigrants crisis – to quote an IT engineer: come in the EU through the Republic “Romania pushes you to emigrate” of Moldova” (Adevărul, January 26th, (Adevărul, September 16th, 2010) –, 2011), “Turkish migrant detained at poverty, the situation of the Porțile de Fier with fake passport” Romanian national health system (Adevărul, October 31st, 2010), “Dog who deals with a major drain of specialists, small salaries, lack of

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 funds, poor conditions, dissatisfied threatened by a wave of immigrants patients featuring headlines such as: from poor countries” (Adevărul, “Romanian health care system – a August 5th, 2010). ship « on the verge of sinking »” There is a significant difference (Adevărul, December 13th, 2010), between the manner of reporting in “Exodus of Hunedoara doctors case of emigration and reporting in continues: « I cannot go home with a case of immigration. Emigration is salary of only 1500 lei! »” (Adevărul, promoted, being portrayed as a September 14th, 2010), quoting the means of escaping the economic chief of state: “Let’s make no more situation: “Romanians exodus, the drama out of Romanians leaving to second wave” (Adevărul, Spetember work outside the country” (Adevărul, 30th, 2010), “Romania urges you to August 5th, 2010), “Romanians emigrate” (Adevărul, September 16th, exodus: second wave” (Adevărul, 2010), “Doctors and nurses from September 30th, 2010), also the Brașov flee from the country. 30 evolution of Romania’s preparations emmigration dossiers are being to join the European Union border- registered monthly” (Adevărul, free Schengen area: “Foreign Minister November 11th, 2010), “Nurses Baconschi put in the corner by the leaving to England for salaries of European Commission” (Jurnalul £2500” (Adevărul, November 19th, Național, January 5th, 2011), 2010), “Studies abroad, opportunities “Romania-France: reasons for the for emigration” (Adevărul, November recent tensions” (Hotnews.ro, 6th, 2010), “How we wish we left the December 29th, 2010). country!” (Jurnalul Național, The security myth. Stories December 16th, 2010). Also, the press framed with the security myth suggests that Romanian authorities contain reference to the number of lack strategies to cut the brain drain: migrant workers depicted with a fear “You need a head to break down that would not relate only to brain drain” (Jurnalul Național, economic issues such as August 19th, 2010), and “Salary pay unemployment growth determined checks drive doctors away from the by the infusion of cheaper labour country” (Jurnalul Național, August work or the increase in social 17th, 2010). This is a paradox, really. security burden for the new comers The media cries for the departure of on the shoulders of the new host Romanian specialists (doctors, country. Journalist could fuel this nurses, professors, IT specialists, myth making appeal to the image of graduates) from Romania, but, at the waves of immigrants threatening same time, strengthens its discourse social cohesion and national culture in favour of emigration (figure 6). which could be felt as a problem of national security: “EU labour market

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Figure 6. Media attitude towards emigration

Negative

Neutral

Positive

0 5 10 15 20 25 30

As regards immigration, things as regards immigration: “EU labor change. Looking at figure 7 we have market threatened by a wave of poor to note that the Romanian countries immigrants” (Adevărul, publications monitored during the six August 5th, 2010). month period are negatively biased

Figure 7. Media attitude towards immigration

10 9 8 7 6 5 4 3 2 1 0 Positive Neutral Negative

Roma migrants are depicted as travelers. We have to quote here “The beggars and/or washing car wind Guardian: « Gypsies, the pariah shields. However, the media strongly peoples of Europe, much less ignored argue against the French authorities now, courtesy of Sarkozy »” (Jurnalul eviction policies against Roma

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Național, September 17th, 2010), 28th, 2010). The next chart presents “French deputies debating new the proportion between conflictual immigrant law. Paris Government, « a and nonconflictual events involving machine for making good migrants (figure 8) Frenchmen »” (Cotidianul, September

Figure 8. Reporting conflictual and nonconflictual events involving migrants

60% 50% 40% 30% 20% 10% 0% Conflictual events Nonconflictual events

In the next chart we have to analysis presented the existence of a note that according to our analysis, negative biased discourse when although 55% of the covered events relating to migrants, by presenting are conflictual, in 80% of the cases rather violent events, some migrants’ migrants were either targets of conflicts with the authorities and/or aggression (national authorities, the majority population. This can be police) or had a neutral behaviour considered another source of (figure 9). We have to note that our stereotypes. . Figure 9. Reporting type of behaviour during events

involving migrants

Migrants as source of aggression

Neutral behaviour

Migrants as targets of aggression

0% 10% 20% 30% 40% 50%

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Trends in migrants portrayal: camps at the outskirts of European quotation sources cities with stories containing As regards quotation sources we sometimes even emotional anti-racist should note in a few lines that regular and anti-discrimination message, news sources were politicians, which aimed at criticizing the racist authorities, professionals, experts and discriminatory actions and (professors, sociologists, doctors). attitudes towards Romanian citizens. We found a serious under- However, as regards the issue of representation of migrants’ opinion “voluntary” repatriations, the press during the period studied8. Migrants’ addressed it cynically, ironically personal statements were quoted even, depicting for instance the either to argue in favour of lack of French initiative of integration of discrimination or to place migrants living illegally on the French responsibility upon migrants for territory as “wasted money”. This being targets of racist manifestations manner of depicting the repatriated (placing racist blame), to quote a migrant as taking the next plane with Romanian emigrant in Seville: the destination in a different “Romanian « fame » is sometimes European country with the French justified” (Adevărul, November 4th, state having paid all travel expenses 2010). Typical migrant quoted were is in itself a source of stereotypes. In ordinary persons, not professionals, fact, minorities and immigrants are nor experts. vulnerable groups to the attacks of the media since their opinions are Conclusions under-represented, or are quoted as The Romanian newspapers’ ordinary people, not as attention on migrants during the representatives, experts, monitored period focused on professionals. promoting a great deal of issues but Romania is depicted as having failed to mention others such as taken advantage from the right to health, hygiene, access to housing, free movement acquired as a Member practicing religion etc. The highest State of the European Union in order frequency of articles relating to to rid itself of an unwanted minority migrants appeared in August 2010, in in the article “Roma population will the context of the numerous not evaporate from France” (Jurnalul “voluntary” repatriations of Național, August 11th, 2010). Romanian citizens, demolishion of However, media coverage of illegal camps at the periphery of migrants of Roma ethnicity returning major European cities, and the after being evicted by the French and official statements of European Italian authorities creates a rather officials as regards Romanian disturbing feeling, being able to immigrants. The media have a very animate a discriminatory attitude powerful effect in shaping from the rest of the society. This type perceptions and images about a of discourse based on generalization certain group. They reacted to the and categorization could disclose events of people being evicted from discriminatory attitudes from the

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 majority population against An Overview of Research and Good minorities and migrants. Such an Practice in the EU Member States, 1995- acceptance of discrimination and 2000, European Research Centre on xenophobia could, in turn, lead to Migration and Ethnic Relations insecurity, negativity, racist violence (Ercomer), Vienna, 2002, p. 423. 3 Mihai Coman, Mass media, mit și ritual. and crime. In fact, reports on the O perspectivă antropologică, Iași, Editura transposition of Equality Directives Polirom, 2003, p. 38. collected and disseminated by the 4 Ibidem, p. 37. European Fundamental Rights 5 Jessika ter Wal, op. cit., p. 423. Agency show that the number of 6 For more details about migrants, see incidents reported nationally does Cristina Otovescu Frăsie, Adrian not necessarily reflect the real Otovescu, Dan Semenescu, op.cit., p. 539- number or frequency of 550. discriminatory acts. Also, because of 7 Mihai Coman, op. cit., p. 43. 8 the fact that the public does not trust For a more recent argument see Anca Parmena Olimid, Istoria gândirii politice. in the efficiency in making a Libertatea şi laicitatea în spaţiul public complaint, is sceptical as to its power european (secolele XIX-XXI), Aius to redress the situation, does not Publishing House, Craiova, 2011, pp.165- have the information that such a 173. mechanism exists, or simply because 9 Ibidem. of fear of possible consequences, or cannot afford such a service, the References: number of complaints does not  Academia Cațavencu, Imaginea romilor în reflect the real number of cases of TV, source: http://www.activewatch.ro/uploads/Publ discrimination9. However, our icatii_DAD/Finale/Imaginea%20romilor attention should not concentrate on %20in%20TV.pdf placing the blame on a certain  Agenția de Monitorizare a Presei, publication for a certain situation, but Imaginea minorităților în presa scrisă on finding solutions and supporting națională și locală. Analiză media, August initiatives to promote cultural 2006, source: diversity in the media. http://www.antidiscriminare.ro/upload /documente/document-5.pdf  ALSTON, Philip, Mara BUSTELO, James Notes: HEENAN, The EU and Human Rights, 1 For more details about migrants, see Oxford University Press, Oxford, 1999. Cristina Otovescu Frăsie, Adrian  CHAHROKH, Haleh, Wolfgang KLUG, Otovescu, Dan Semenescu, Dreptul la Veronika BILGER (EUMC), Migrants, emigraţie al tinerilor şi evaluarea minorities and legislation: Documenting problemelor globale ale omenirii, în vol. legal measures and remedies against Dreptul românesc în contextul exigenţelor discrimination in 15 Member States of the Uniunii Europene, Institutul de Cercetări European Union, Luxembourg, Office for Juridice “Academician Andrei Radulescu”, Official Publications of the European din cadrul Academei Romane, Editura Communities, 2004. Hamangiu, Bucureşti, 2009, p. 539-550.  COMAN, Mihai, Mass media, mit și ritual. 2 Jessika ter Wal (ed.) (EUMC), Racism O perspectivă antropologică, Iași, Editura and Cultural Diversity in the Mass Media, Polirom, 2003.

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 OLIMID, ANCA PARMENA, Istoria gândirii  POLEDNA, Rudolf, Francois RUEGG, Călin politice. Libertatea şi laicitatea în spaţiul RUS (coord.), Interculturalitate. Cercetări public european (secolele XIX-XXI), Aius și perspective românești, Presa Publishing House, Craiova, 2011. Universitară Clujeană, Cluj-Napoca, 2002,  OTOVESCU FRĂSIE, Cristina, Adrian source: OTOVESCU, Dan SEMENESCU, Dreptul la http://www.intercultural.ro/carti/interc emigraţie al tinerilor şi evaluarea ulturalitate_detaliu_capitol2-2.html problemelor globale ale omenirii, in vol.  TER WAL, Jessika (ed.) (EUMC), Racism Dreptul românesc în contextul exigenţelor and Cultural Diversity in the Mass Media, Uniunii Europene, Institutul de Cercetări An Overview of Research and Good Juridice “Academician Andrei Radulescu”, Practice in the EU Member States, 1995- Academia Romănă, Editura Hamangiu, 2000, European Research Centre on Bucureşti, 2009, p. 539-550. Migration and Ethnic Relations (Ercomer), Vienna, 2002.

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IIINNTTEERRNNAATTIIIOONNAALL PPOOLLIIITTIIICCSS::: HHOOWW TTOO DDEEAALL WWIIITTHH TTHHEE RREECCEENNTT IIISSSSUUEESS??

Cristinel TRANDAFIR

Communities vs. societies and their function in border regions

Cristinel TRANDAFIR

University of Craiova, Faculty of Social Sciences, Philosophy Specialization, Craiova, Romania. E-mail: [email protected]

Abstract: Starting from the classical Tonniesian distinction established between the Gemeinschaft (community) and Gesellschaft (society), in this article we will try to note and describe the existence of a third kind of social unit, which, as a difference from the first two, becomes for us, on one hand the most advanced of society forms, and on the other hand the only one truly and entirely humanlike. First we will make the distinction between it and the first two and then we will discover the general conditions that make it possible. The name of this social unit is inspired from Talcot Parcons works, but even if the content of this unit does not reduce itself to the significance given by the American sociologist, his roots are in it. We will distinguish not only between Gemeinschaft (community) and Gesellschaft (society), but also between them and Freiwillige Gemeinschaft or, as Parcons calls it, Voluntary Community. In the end, in order to apply what we have discussed, we will try to sketch the way in which these three types of social units work in border regions.

Keywords: natural community, society, voluntary community.

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tarting from the classical common and primary substance: the Tonniesian distinction will. We are talking here about a will Sestablished between the that, although it has a unitary Gemeinschaft (community) and character, it can develop two Gesellschaft (society), in this article different forms of manifestation: on we will try to note and describe the one hand the one called Wesenswille existence of a third kind of social unit, (essential will) and on the other hand which, as a difference from the first Willkur (rational or arbitrary will). two, becomes for us, on one hand the Starting from the fundamental most advanced of society forms, and philosophical distinction between the on the other hand the only one truly natural, instinctual, primary and and entirely humanlike. First we will organic will (the biological will make the distinction between it and transposed through the foolish the first two and then we will instincts of the living being) and the discover the general conditions that conscious and utilitarian will, make it possible. Ferdinand Tonnies will distinguish But which is this third kind of two types of social units. One is social unit? From the beginning it is simple and traditional, characterized necessary to say that the name of this by an affective and organic solidarity, social unit is inspired from Talcot based on common traditions and Parcons works, but even if the customs, and, at the same time, on a content of this unit does not reduce good integration into the natural itself to the significance given by the environment. Here we refer to the American sociologist, his roots are in community, as a product of the it. We will distinguish not only organic will. The other one is modern between Gemeinschaft (community) and complex, based on convention, and Gesellschaft (society), but also opinion and legislation, maintained between them and Freiwillige through intellectual and mechanic Gemeinschaft or, as Parcons calls it, solidarity which overlaps in a tense Voluntary Community1. In the end, in way on the environment. Here we order to apply what we have refer to the society, as a product of discussed, we will try to sketch the the thought out will. way in which these three types of Being a form of life centered on social units work in border regions. the family, one in which exceed direct But first let us see what social relations based on mutual differences we can establish between knowledge of the members, the Gemeinschaft and Gesellschaft. Our community appears in the villages or effort will be easier due to the in small towns, therefore in a small investigations of the German thinker physical space. But this fact will not Ferdinand Tonnies2. As we all know, lead to the corruption of its social he considers, being under the Kantian functions, because the risks of – Schopenhauerian influence, that all biological degeneration, economic forms of social life have their origins autarchy or cultural blocking are in the mental life which comes from a extremely low here. Small risks can

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 be explained by the existence of a science and theory, just as the moral moral community, which adjusts makes space for the law, all this through tradition and custom, both causing the transformation of the blood ties and other types of public space, based on spontaneous community associations, and, at the interaction, immediate recognition same time, the entire range of social and understanding, in a complex and activities conditioned by these. more grasping market in which the However, because it is the effect of production, competition and capital the natural human predispositions – accumulation are important words. sympathy3 - like the maternal feeling, But, as the community environment fraternal affection, or spontaneous evolves during the time, growing up biological inclinations, in time it gains in the form of the clan or nation, also different proportions. This is why it’s the society diversifies itself taking a necessary to list, in the community’s lot of faces. The German author calls sphere, also the clan and the village, them Samtschaften (social classes, the people and the country. religious groups or political parties) All of these, in their quality of or Sociale Verbande (secret societies, natural products of the social human commercial societies), which he predisposition, through which the considers the products of the men is oriented and open to the thought-out and arbitrary will. others and he has the power to Yet, for the German author, the spontaneously subordinate his goals difference between the two social to the collective purposes, are states isn’t a radical one. First of all, seriously different from what what contributes to this conclusion is Tonnies calls Gesellschaft. For the the fact that society is a social German author, this is nothing else environment, the product of a than a social, rational, artificial, and gradual intellectualization and mechanic ensemble of people’s rationalization of life inside the selfish wills, foreign and against the community. It is true that, for common interest, which have been Tennies, the sense of this gradual organized under the form of state intellectualization of community life authority and which controls and is not a positive one. It is explained adjusts itself through the binding by the conception that the German force of the law. author has about the function and Formed inside the big towns and sense of the reason: the reason is not bound to them, the society is an only a faculty that develops itself existing environment in which the based on the unnatural evolution of relations between humans no longer human life and on the aggravation of freely perform, in a constructive way, general conditions of existence but through language and with the help also an element that contributes, in a of the word, but rather through direct and crucial way, to the belongings and through a cold and alteration of the natural and affective calculated exchange incurred by foundations of human beings. them. This is why, on one hand, here Another fact that entitles us to say the art and religion make place for that the two social states are not in a

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 radical opposition comes from the Then we have to underline that idea that not only the communities only starting from the recognition of transform themselves into societies, the genetic and historic bond but, here and there, also the societies between community and society we convert themselves into get to the situation that, on one hand, communities. This observation is to successfully determine the general very important for the present article conditions which promote the and we will return to it. appearance of others societal forms, First, we have to say that and, on the other hand, to describe recognizing this genetic and historic and precisely distinguish their bond which exists between nature. community and society helps us to Indeed, whether we speak either present this two terms in a formal of Der Bund’s genesis, or about opposition, exclusive and fruitless, in Freiwillige Gemeinschaft’s genesis which we are tempted to close them (which can’t be mixed up with and to make space for new ones Natürlichen Gemeinschaft), we can which through their content are not ignore neither the historical capital assimilated neither by the former, phenomenon of changing nor by the later. Only this way we can communities into societies, nor the speak, for example, of what professor non-regressive, but less common, H. Schalenbach was calling in his phenomenon of later changing work “Die soziologische Kategorie des societies into communities. This Bundes” (1922) – “Der Bund” happens because at the basis of the meaning “the bond and union of a appearance of societies is the process group of people formed through the of inner transformation of natural passionate and intentional adhesion communities, and at the origin of the around the domination or leading voluntary societies is sitting the late force held by a person”4; or by the development of societies. This is why already remembered Freiwillige we will not talk about the nature and Gemeinschaft which designates that conditions of the appearance of form of social life established voluntary communities without first between those people which understanding those of the benefiting of a high degree of appearance of the societies. knowledge of reality and mobilized So, let us first discuss about those by a powerful feeling of community conditions that encourage and social equality, have not only the Gemeinschaft’s change (in the capacity to realize and understand Tonniesian sense of Natürlichen the meaning of voluntary Gemeinschaft – natural community) participation and collaboration at into Gesellschaft. practical activities with immediate Inspired by F. Tonnies’s character or at others with indirect terminology we have defined the character (cultural ones) required by Gemeinschaft as a social unit based the society, but also have the natural on common traditions, costumes and power to concretely involve in their habits, animated by the affective and development. organic solidarity of its members,

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 and, on the same time, on a good communities on a historical, integration into the natural unpredictable and arbitrary way environment, therefore as a social then? Our cultural experience helps unit, unitary, stable and to understand that the source of undifferentiated, characterized by an movement that affects both the life internal balance hard to shake. That inside natural communities and also is why trying to identify, in this case, the existence organized outside them, the source of the transformations, hides inside our mental life: there is a differences, crises and imbalances native relationship, a primary appeared inside this kind of social identity indeed, between movement organism, proves to be, from the and mental life6, a relationship that beginning, a hard and risky action, contributes both to the stimulation, equal to the bold try to discover the mobilization and development more well searched law of social evolution and more intense of the mental life which has preoccupied the XIXth and to its conservation. This native century philosophers. movement specific to mental life is We say “ apparently” because the present in all the levels of attempt to establish the sources of organization of human life, from the inner transformations that affect a biological one to the cultural one and social organism, like natural it manifests both under the form of community, does not reduce to the natural instincts or human’s creative one of discovering and formulating a acts, and under the form of several law of social evolution like Herbert synthesis impulses located at the Spencer and his colleagues tried to borderline between biological and do5. The source of social movement cultural order, natural cultural- must not be mixed up with the law of conditioned impulses that also its manifestation. This because if the supports the social, political, source identifies itself with the economical organization of human movement or it’s responsible of its life. We refer here to the social appearance, the law records only the impulse that signals the necessity of formal registration of its sense life in common in human’s existence, instead: for example the transition of at the political impulse that reveals a what Spencer calls “the indefinite and certain need of power and incoherent homogeneity of an organization of man’s life, but, most organism” to its “definite and of all at an economical impulse that coherent homogeneity” or the we consider to be the irresistible evolution from “the energy source that starts the crises and dispersion” to “its conservation and historical changes of natural human redistribution”, so you cannot explain communities and also contributes to inside an ensemble the appearance of converting them into advanced the movement, but its nature of societies: production impulse, manifestation. consumption impulse7 and most of But which is the source of all, exchange impulse8. movement and inner transformations But why do we consider that the that keeps pushing the natural last phase, the exchange one, is

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 crucial for the structural conversion traffic or the one on small distances, of the natural community into such as wheat or wood route heading society? to the neighboring village, was First of all because the production nothing else than “a transparent and impulse as well as the consumption unsurprising trade, about which impulse characterizes not only the everyone knows what it depends on economical order of advanced and how it will end, and those societies but also, to an equal extent, benefits can be approximated and the economical order of natural always measured”11 .We are talking communities. Their function does not here about a trade whose first agents affect the Gemeinschaft’s structural are represented only by the producer sphere, because both the production (either peasant or craftsman) and by and the consumption, due to their the client itself, a primitive trade domestic character, instead of which removes the autarky’s12 danger disturbing community’s organic from the core of natural economy. balance, contribute to its Built only on the work of some maintenance and consolidation. Not groups that intend just to satisfy their without reason, the life of natural needs of consumption, communities, either agricultural or Gemeinschaft’s economy is different pastoral9 ones, obeying the rules of from Gesellscaft’s one and gains domestic economy, has pursued its notable features. One of them is that course during the time despite a lot inside of it the proper length of of short term interruptions due to exploitation is limited to the use of different external causes, like armed labor with maximum of advantage. aggressions, epidemics. All of this Later, the producers are mobilized to was possible because each time “the obtain the maximum of income per villages have found solutions at food unit of work without suffering the gathering problems, surviving in a compulsion of a lower limit (but hostile world, reproducing and humble to a relatively superior limit), finding a simple pleasure in their while their objective is to satisfy the culture, most times this solutions family consumption needs and not at have proved to be incredibly stabile, all to cover the expenses through a as they have functioned without total income. many changes for centuries, even Another essential feature of millennia.”10. Gessellscaft’s economy comes from Of course there is no need to the fact that, regarding the problem understand that, in natural of work’s technical level, the agents communities, the exchange of natural economy do not pursue to phenomenon is not present, we have decrease the cost price investing in to say that it becomes secondary to more advanced techniques, they production and consumption. Finding want just to ease and better use this relativity oblige us to talk, also in family work. It is interesting to this case, about the existence of an observe the fact that, in the economy early market economy which of traditional communities we includes daily changes, the local discover another concept about

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 benefit than in the economy of exchange, responsible for what Marx advanced societies, but it is also a was calling the circulation sphere: certain misunderstanding and market setting. opacity regarding the economical It is true that the market is not an category of interest, common in entirely absent institution in natural advanced societies: the income of a communities: in most of these works house from a traditional community an elementary, direct, transparent, is an income per unit of work naturally supervised, protected from expressed in natural units and not a profiteering and fraud14 market, net income expressed in currency. where the immediate exchange is Among these natural units, the practiced (the also called Auge - in- one that has the highest value in Auge Handel), but – a thing worth Gemeinschaft’s economy is the land mentioning – is a market with small, one13, value which increases or intermittent and occasionally decreases depending on the density character. Here everything is sold, of population or on the needs of immediately paid, without mediation every community farm. But if the of any credit. land represents the central value in However, the multiplication, traditional economies, it is also called development, specialization and a determinant factor, necessary to turning this markets into permanent establish the social hierarchy and ones leads to the appearance of a stratification having a feudal genuine market economy, the true character: it is its high value that is origin of Gesellscaft and the first linked to the land binding problem of cause of the regress of community community producers. So, it is life. Place of the opening to the world obvious that unlike the manner of and meeting with the others, social stratification and hierarchy environment to establish the demand proper to Gesellscaft, where being and the supply, this economy market member of a class or the prestige is a will become shortly a genuine natural decisive criteria of social power, this centre of the social life15. It will lead role in natural communities is to an unprecedented specialization awarded to the amount of financial and division of work and, at the same belongings an agent has. time, to the building of a pronounced But the most important argument hierarchical order inside of it, that makes us believe that the including both the lower jobs exchange phase is the decisive one to (porters, craftsmen, cashiers, transform the communities into brokers) and the upper ones societies is the one coming from the (moneylenders, bankers, owners, observation of huge changes and industrial entrepreneurs or large imbalances that its intensification merchants). Indeed, the markets will brings into the conservation of lead through the progress and community life. We are talking about diversification of consumption, to the the transformations that have at their mandatory division of labor and origin the first and most important formation of public hierarchy, and product of the economical impulse of also, through favoring the

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 accumulations of power and the currency, one that no one and political needs to organize them, will nothing can avoid is, at the same crucially contribute to the actual time, a process of man’s forced appearance of state. Thanks to them, release of its strong relations with the urban life will be born and will the Gemeinschaft’s traditional value, increase, and also we will witness to the earth. As a result of this fact, the an unruly acceleration of the rhythm old economy of the traditional and tension in daily existence. communities, based on the simple Standing at the origin of production, will be replaced, in time, currency16, which is the most by the Gesellschaft’s economy, based powerful of tools and with their help on consumption. entering and affecting the whole Indeed, Gesellschaft’s economy mechanism of the Gemeinschaft’s needs both the preexistence of a economical and social relations, the significant number of people released market can be considered, as F. from their land and the rural- Braudel calls it, “a drama that evolves community property associated with in leaps, both in old countries it, men without their own means of accustomed with its presence and in production and existence and in need the ones in which this presence to sell their work force. We are manifests without them becoming, talking here about a new type of man, immediately, on the whole, aware of one who was made free from his land the phenomenon.” Indeed, every and still deprived of his liberty, an Gemeinschaft that opens to currency uprooted man, the consumer itself18. and monetary economy gradually Forced to adapt the dynamic world of loses the balance and the traditional currency and market, the configuration and becomes, in time, Gesellschaft’s man is obliged to through the vital forces that are integrate in the specialized and released, a Gesellschaft. Deeply hierarchic universe of market entering in the economical economy. So, as he misses more his mechanism’s substrates, both social own possibilities of production and and political ones, through gradual also the power to withdraw from the replacement of swap, the currency consumption in order to raise a part becomes a real sign of the all activity of the production, he will sit at the developed inside of a society, ground of the social-economical reaching, in the end, to be mixed up hierarchy and will be in need to with the wealth of a society17. specialize more in work. That is why But the currency is not only a sign in market economy the of Gesellschaft’s life, it is, equally, an fragmentation process of economical incentive of the movement of goods functions still manifests more at the inside of it and one of the most beginning of the base and less at the important causes of market top, where the important merchant dynamism. Easing the changes, the never limits at one activity, having currency makes everything to pass the possibility to be, depending on through the market. This earthly the situation, either industrial purgatory of the market and contractor, farmer, insurer, or

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 banker19. So, the capital accumulation virtues and to intensify the process requires – with one economical impulse of exchange exception20, despite of the But what does Weltwirtschaft expectations- the transition from really mean? First it means an specialization to non-specialization, economy: 1. what works and meaning the transition from a job and develops relatively slowly in its own a business depending on the space, limited by the borders of competence of others to an activity another Weltwirtschaft; 2) an that requires only your competence. economy which develops around an But the currency and the market urban nucleus (dominant city) with are not responsible only for the lot of economical and political power; regression of community life, but 3) an economy which is an also, in equal measure, for an concentrated amount and hierarchy enlargement of the man’s structured on areas and particular manifestation space, for the economies, either poor ones situated development of the social, in the suburbs, or less poor and economical and political mechanisms situated near the center. Eventually it of the Gesellschatf in which he lives, means an economy whose function is outside of the old territories of cultural conditioned and determined. natural community. Made free from The last of the Weltwirtschaft’s the land and submit to the need of features proves to be the most circulation, Gesellschaft’s uprooted important because the understanding man is constrained sooner or later to of the first three depends of it. First, learn those virtues which help him to the borders of the universe – survive in the new situation: mobility economy are, in fact, cultural borders, and adaptability. But he will gain in their sphere entering only the these ones not only by knowing the economies of the societies that co realities from his own local exist the same tables of cultural community or through the values. intensification of the relations with It is true that, in universe- members of the ensemble that he is a economy, representing the final part of, but, most of all, through the product of Gesellschaft, the principle experience of the links with foreign of association is obviously a cultural communities or societies. The one (religious, ideological and enlargement of the currency and civilization one) and the cultural market manifestation space, meaning identity represents the main factor the man’s experience space, the also according to which the association or called Weltwirtschaft or, how F. exclusion sphere inside Braudel was calling it “of economies- Weltwirtschaft is established. But we universe”, specific to Gesellschaft and are not talking here about the decisive to understand the manner of cultural identity as a determinant appearance of the third and more factor recently appeared in the advanced societal form, the voluntary history of humanity, as we can read community, will depend on the in S.P. Huntington21, but as an old growth of the need to obtain this factor, appeared simultaneously with

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 the man. This fact is easy to level of the society. But although the understand as long as we establish two phenomena are concomitant, that the human culture itself and its they are not at all synchronous, this inner identifying acts work and rely because the Gesselschaft’s cultural from the beginning on the highest of evolution is marked by a relative and the thought and association laws of inevitable break between the cultural functioning, the principle of identity level of its intellectual elite and the (A=A) - like the phenomenon of majority of its members, rift that difference – is not anything else than generates a historic parallelism and the synthetic product of the meeting an increasing dysfunction among the between the sphere that the principle agents of the two layers. in question operates with, and what We understand now why the we can find outside his content. Weltwirtschaft’s borders vary If the culture cannot function according to the cultural evolution of outside the identity (through which Gesellschaft, evolution that depends the associations are made), and can’t of the extent and generality of the develop without difference (through sphere of cultural identity that it is which the associations are based on. This enlargement of the determined and become deeper), sphere of cultural identity, although then the cultural evolution cannot be it is organized and financed by the anything else than the effect more or big urban centers around which the less complex of enlargement of the universe – economy develops, it isn’t sphere’s content that the principle of necessarily their product23. identity operates with inside this On the contrary, the privilege of culture. The more general this the enlargement of sphere of cultural content is, the larger the identity’s identity rather is a characteristics of principle sphere of applicability is. the big cities, although inside the So, if inside the Gemeinschaft the universe – economies not dot have a sphere is reduced to the instinctive central part which can convert them unit of blood and land, inside the into complex laboratories of science Gesellschaft it becomes bigger and technique responsible for reaching, depending on the degree, at generalization but not for the a larger unit, reflected as a religious, universalisation of cultural identities, ideological or educational one. they still have an advanced place The sphere of cultural identity is inside it. Yet, their part do not allow not affected only by the phenomenon them to be seated at the borders of of extend and generality through the universe-economies. This for the which it becomes more and more simple fact that the border regions – comprehensive – phenomenon at peripheral ones – of Weltwirtschaft, whose origin the economical impulse despite of their position which of trade plays an important part22 – promotes the possibility of the but, at the same time, also by the contact with other cultures and phenomenon of generality and civilizations, appear as areas situated expansion of its influence inside the outside the exchanges and mixtures collective mind, including the lowest like sparsely animated and inactive

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 ones. If “the center, the heart, intensification of the need of power gathers what is more advanced and among the majority of people and its more diverse and the next ring has ruling in front of economical and only a part of this advantages social need of Gemeinschat : the although it participates in them, the appearance of the so called power periphery is huge but less populated rush; 5. the appearance, on the one and represents, on the contrary, the side of despotic, authoritarian and archaism, the return and easy oligarchic states and, on the other exploitation by the others”24. But this side of the founding, at their borders, inequality of cultural and economical of a paternalistic, blazed and torn power registered by the center and inside society, incapable to wake up by the border regions of universe – and develop its inner will. economy is doubled by an inequality This is why, in the life of of political power: if in the central Gesellschaft the gaining of the areas the state, using its force of experience and exchanges with market entering that it has, succeeds foreign societies or communities in covering the whole social space cannot be done in the peripheral and to become a powerful, dynamic areas of Weltwirtschaft, but inside of and aggressive institution both inside its central nucleus, the only one of the and outside, in the border regions areas opened to the meeting with the due to the lack of economical abroad. Yet, if these Weltwirtshaft’s resources, it will have a week power areas of the suburbs, due to the of entering and also a week effect on community mentality, are weekly the organization of the society. influenced from the economical point The fact that in the peripheral of view and less opened to the areas of Weltwirtschaft the state does exchange with the abroad, (usually not succeeds to naturally organize affected by the narrow cultural the society through the resources of identity, not capable to integrate the market will lead to the appearance of difference), they are strongly cultural a lot of shortcomings: 1. maintaining reactive and prone to conflict. of a narrow sphere of Gesellschaft’s Obviously that this kind of experience cultural identity; 2. the preservation of abroad, like the one received of the traditional relations of inside the central area of universe- Gemeinschaft’s life (from the social- economy is not an authentic and economical ones to the political and satisfactory one. On the contrary: it is cultural ones); 3.the incapacity to necessary that this experience of control and satisfy the social and difference, typical to the central economical impulses caused and nucleus of the universe-economy be stimulated from the outside by the related also by the integration inside goods spread at the periphery of the sphere of cultural identity specific universe-economy by its nucleus, to the cultural centers of impulses that will become, through Weltwirtschafts, of what it is foreign, their blind intensification, one of the and by the reevaluation and the deepest causes of pitching and crises enlargement of this sphere. of Gesellschaft’s life; 4. the

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What derives from here? A very Weltwirtschaft, and makes of it a new slow and hard inner and qualitative form of social life specific to urban evolution of Gesellschaft and also a nucleus of universe-economies. convert of it in a true Voluntary This is why we do not have to mix Community, as we have already said up Freiwillige Gemeinschaft with the to a form of social cohabitation description of Gesellschaft in its last appeared between the people that stages of evolution, the ones of the benefit of a high degree of knowledge industrialist revolution, democratic of the reality inside which they live, and disciplinary, this despite of some mobilized by a powerful feeling of similarities existent between them communion and social equality, and that confess the real relationship and which posses not only the capacity of historical conditioning through both realizing and understanding the are bound. purpose of the voluntary Indeed, the cultural fashion of participation and collaboration in the individual autonomy, of the duty and practical activities with immediate auto – constraint of the man to character or at the others with himself, fashion built on a true cult of mediate character (the cultural ones) free and arbitrary will (Willkur) necessary to a collectivity having also specific to Gesellschaft, inside which the natural power of concretely the will is conditioned by the only getting involved in their capable force to face “the anarchy of development. egotistic tendencies, unproductive So, we are speaking of a new type dispersion of the spirits, lost of of social unit in which are consciously energy and harmful behaviors found and recovered, inside superior generalization”25 appeared after the synthesis developed at cultural level life dispersion in traditional and operated inside the common communities, although related to the mental with the help of inner fashion of autonomy, initiative and knowledge, voluntary and common personal development, specific to action, all these features and specific Freiwillige Gemeinschaft, is different virtues of Gemeinschaft, that the from this one : in the first case we societies have lost along their deal with a cult of pure will which has historical evolution generated by the “like scope the production of an economical impulses of the man and uniform human being, disciplined directed by the rules of the market and useful to the world, who uses his economy: the natural, unitary, potential at maximum adapting at the organic, spontaneous and creative of constructivist and rational conquest human life, the feeling of equality and of future”26, and in the second case, solidarity inside it, next to some new with a cult of knowing the uncertain features that the human existence reality that we live in, of forming each has won during its evolution, such as person in virtue of the dynamic and mobility, adaptability and freedom. complexity of these reality, and, most We are talking of a kind of social unit of all, with a cult of creative which’s nature prevents its implication inside it27. appearance in the suburbs areas of

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But we could be asked: why inside maintained. It was necessary the of voluntary communities we assist appearance of a civil society (charity at a true regress of will cult and associations, non-governmental, inside the central nucleus of private institutions), to decentralize Weltwirschaft we can speak of a total the state in a saving way, to decommissioning of it, can we still unsmooth the Gesellschaft and attribute to these communities the straighten the big and long effects of specific feature of being voluntary? the crises appeared in human life Without question that this objection once with the disintegration of would be truly built if we could traditional communities. recognize only a certain subtle The generalization and change of significance that the will intensification of these changes concept suffers it inside the appeared inside Gesellschaft lead to Freiwillige Gemeinschaft culture. the collapse of belief into the fact that What are we really talking about is “everything is politically solved” and this: if inside the Gesellschaft the will so to the appearance of a new human is understood as blind faculty and attitude towards himself and his own reactivated by self-control and by the kind, one in which he reconciles more fight against individual weakness, or less with a part of his egotism inside of Voluntary Communities it needs, with the humanistic ideals of gets a new meaning, of trade of freedom, equality and solidarity personal autonomy, lighted mobile specific to community life that he and creator of human free intents. It feels like being a part of it. stops having a negative and binding Once with the appearance of part because it gets, on the contrary, Freiwillige Gemeinschaft we witness, a creative and affirmative one: inside on one way to the decrease of citizen voluntary communities the bad-will interest for the political-ideological is replaced with the goodness, the commitments, and, on the other hand voluntary universally imperative and to the increase of their mood to act unconditioned with volunteer28. This responsibly in the society, but, subtle change of significance beyond any obligation, starting from happened in the mental society, the common needs, but only to which coincides with the phase of personal develop them. transition from the Gesellschaft to This is, shortly, a description of Freiwillige Gemeinschaft, has at its the three social units become origins a few phenomena that help us traditional in social sciences, and, understand the profile of this last where is necessarily, a fast passing in type of social unit. The most review of the way in which function significant of these is the appearance these border regions. We trust that, of a true crises of centralized state as far from having a satisfactory form, in the one of collapse of the big political the future it could be used as a projects incapable to control the big ground for detailed researches. poverty that themselves have

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Notes: society cannot stop producing like it 1 Talcott Parcons, Sociological theory and cannot stop consuming.” modern society, Free Press, New York, 8 Alfred Adler, Op.cit, p. 52 - “We can not 1967 imagine an isolated psychical life, only 2 Ferdinand Tonnies, Gemeinschaft und one linked to what surrounds it, Gesellschaft, 1887, of whose subtitle, at receiving the excitations coming from the original text appeared in 1880 in outside and answering in a way or “Kantstudien”, is “Theorie der another, having the necessary forces and Kulturalphilosophie”, and at the edition possibilities to assure the organization, in from 1912 is “Grundbegriffe der reinen battle or in alliance with the environment Soziologie” (“Fundamental concepts of in order to guarantee its existence.” pure sociology”) 9 H.H. Stahl, Contributii la studiul satelor 3 Max Scheler, Nature et formes de la devalmase romanesti, (“Contribution to sympathie. Contribution a l’etude des lois the study of Romanian common de la vie affective, (“Nature and forms of villages”), vol 1, Publishing of the the sympathy Contribution to the study Academy, Bucharest, 1958, p. 223 - ”The of pleasure and affective life.”), Payot, theoretical scheme according to which Paris, 1971 the human technology would evolve from 4 Eugeniu Sperantia, Introducere in the harvest of nature to the growth of sociologie (“Introduction into sociology”), cattle, and from here to the agriculture is “The Romanian Book” Typography, Cluj, valid only in general lines, like a 1939, page 374 schematic simplification of social history 5 Herbert Spencer, Les Premiers of the ensemble of the human societies. principes,( “The first principles”) Alfred In special the classification of the Costes, Paris, 1920, p. 355 - “The most societies into exclusively pastoral ones or specific idea of the evolution that we are agricultural ones doesn’t have to be reaching now is this: the evolution is the interpreted as a mandatory dilemma, in change of an indefinite and incoherent front of which everybody analyze a homogeneity into a definite and coherent certain society. It is possible that the one that accompanies the dissipation of terms of this dilemma to be fake, the movement and the integration of the nation being not exclusively agriculture matter[…]without neglecting the or pastoral but both in the same time.” conservation and the redistribution of 10 Daniel Chirot, Societati in schimbare, the movement that produces in the same (“Changing societies”), Athens Publishing, time” Bucharest, 1996, p.79 6 Alfred Adler, Cunoasterea omului, 11 Fernand Braudel, Dinamica (“Knowing the human being”) IRI capitalismului, (“The dynamic of Publishing, Bucharest, 1996, p. 51: - “The capitalism”), Corint Publishing, psychic is the most intimate relationship Bucharest, 2002, p. 47 with the free movement. […] Results that 12 Mircea Vulcanescu, Problemele in the development of mental life must sociologice ale satului be included everything regarding to romanesc,(“Sociological problems of the movement, what it can be related to the Romanian village”), Eminescu Publishing, difficulties of a move and the psychical 1997, p. 113 - “At the level of traditional life it is called to elaborate forecasts, to economies we see in the community life a gain experience, to develop a memory, by true independence of the peasant’s making them useful for the dynamic houses due to the interchanges of land, practice of the existence.” work, inventory and products as also as a 7 Karl Marx, Opere, (“Works”) vol 1, number of uses in common of pounds, Politic Publishing, Bucharest, 1964: - “A forests, cars and tools.”

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13 “The fact is explainable by the finding conscientious he would work, it is that the domestic economy of traditional possible to become in any minute the communities is all adapted and obedient victim of some economical changes upon to the physical and geographical which he does not have not even the conditions, among them the soil and smallest control. It does not exist climate being the most influent ones.” anything that he can rely on. More, the 14 Boileau, Le livre des metiers , (“The system of moral and political education table of domains”), Depping Publishing, has done everything to inoculate to each 1837, p.34 – 35 - “Because it is right that person a stupid spirit of obedience and these goods to come in the heart of the also the faith that everything that he fair and in that place to see if they are could ever want must come from good or not […] because of this things […] upstairs, from the ones that rule. […] The that are sold in the heart of the fair person’s impression of being week, even everyone can take, either poor or rich”) absent, is thus matched by an 15 Fernand Braudel, Jocurile schimbului, unprecedented outbreak of lust for (“The games of exchange”), Meridians power. We are talking among others Publishing, Bucharest, 1985, p.17 - “Here about the rebellion of the ones without you can see your knowledge, you make a rights, the insatiable greed of the poor deal, here is where the curses start, here ones.” is where you can cross from the word to 19 Fernand Braudel, Dinamica the fight, here the incidents are born, Capitalismului, (“The dynamic of the then the processes where complications capitalism”), p. 52 develop, here the watch comes certainly 20 The only exception from the rule in a spectacular but careful way, through appears on the money trade’s land and it here pass the political and all kind of concerns the bankers, who can be news.” considered a specialized branches, only 16 William Petty, in 1655, tells us that “the because of the general ignorance of currency is only the fat of the politic nature. body: too much harms the agility, less 21 Samuel P. Huntington, Ciocnirea brings the disease.” civilizatiilor si refacerea ordinii mondiale, 17 For example in John Lock’s work Some (“The conflict of civilizations and the Considerations on the Consequences of the restoration of the world’s order”), Antet Lowering of Interest and Raising the Value Publishing, , Bucharest, 1997, p. 177 of Money, the currency is equal with 22 “The increased prominence of cultural wealth. identity is largely the result of the social- 18 C.G. Jung, Puterea sufletului, (“The economical modernization at individual power of the soul”), Anima Publishing, level, where the dislocation and Bucharest, 1994, p.143 - “As a alienation create the need of identity consequence of industrialization, large more and more significant at social level, circles of people have been uprooted and where the intensified capacities and the piled in big centers. This form of power of the non-occidental societies existence with its mass psychology and stimulates the revitalization of the its social dependence of the market identity and indigenous culture.” fluctuations and salaries – give birth to 23 “For example, in the XIII, XVI, XVth an insecure, unstable and week person. century Florence and not Venice or He ascertains that his life depends of the Genoa, the centers of the continental business’ leaders and requires – fair or trade of that time, represents the center unfair – that this ones, at their turn, to let of the European culture, also like in the themselves ruled by the financial XVIIIth century Paris, the capital of a interests. He knows that, no matter how country left behind from the economical

Revista de Ştiinţe Politice. Revue des Sciences Politiques • No. 29 • 2011 point of view, and not London, the true 3) Fernand Braudel, Dinamica economical queen of that time, reunites capitalismului, Editura Corint, Bucureşti, the intellectual elite of Europe.” 2002 24 Fernand Braudel, Timpul lumii, (“The 4) Fernand Braudel, Jocurile schimbului, time of the world”), vol 1, Meridians Editura Meridiane, Bucureşti, 1985 Publishing, Bucharest, 1989, p. 37 5) Daniel Chirot, Societăţi în schimbare, 25 Gilles Lipovetsky, Amurgul datoriei, Editura Athena, Bucureşti, 1996 (“The twilight of debt”), Babel Publishing, 6) Samuel P. Huntington, Ciocnirea Bucharest, 1996, p. 142 civilizaţiilor şi refacerea ordinii mondiale, 26 Idem, p. 143 Editura Antet, Bucureşti, 1997 27 Idem, p. 144 - “The polyvalent man, 7) C.G. Jung, Puterea sufletului, Editura capable of recycling, adapting and Anima, Bucureţti, 1994 innovating has replaced the introvert 8) Gilles Lipovetsky, Amurgul datoriei, man; in the world of uncertainty and Editura Babel, Bucuresti, 1996 complexity needs multidimensional 9) Karl Marx, Opere, vol 1, Editura people, opened to change and Politică, Bucuresti, 1964 communication. The instill of self - debts 10) Talcott Parcons, Sociological which are watching, among the others, to theory and modern society, Free Press, promote the voluntary, constant and New York, 1967 disciplined man, do not correspond to 11) Max Scheler, Nature et formes de the needs of post-industrial society” la sympathie, Payot, Paris, 1971 28 Idem, p. 165 - “The new individualism 12) Eugeniu Sperantia, Introducere does not destroy the compassion and the în sociologie, Tipografia “Cartea will to help your neighbor, but join them Românească”, Cluj, 1939 to self-search”. 13) Herbert Spencer, Les Premiers principes, Alfred Costes, Paris, 1920 Bibliography: 14) H.H. Stahl, Contribuţii la studiul 1) Alfred Adler, Cunoaşterea omului, satelor devălmaşe româneşti, vol 1, Editura IRI, Bucuresti, 1996 Editura Academiei, Bucureşti, 1958 2) Fernand Braudel, Timpul lumii, vol 1, 15) Ferdinand Tonnies, Gemeinschaft Editura Meridiane, Bucureşti, 1989 und Gesellschaft, 1887 16) Mircea Vulcănescu, Problemele sociologice ale satului românesc, Editura Eminescu, 1997.

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Zuhdi JASSER

Americanism vs. Islamism: A Personal Perspective

12th Annual Templeton Lecture on Religion and World Affairs January 2008

Zuhdi JASSER

Dr. Jasser is founder and board chairman of the American Islamic Forum for Democracy (AIFD). A former U.S. Navy Lieutenant Commander, he served in the U.S. Navy as a medical officer from 1988–99. He finished his military service as a Lieutenant Commander with an Honorable Discharge in 1999 and is now in the private practice of internal medicine and nuclear cardiology in Phoenix, Arizona. This enote is based on his September 26 talk as the 12th Annual Templeton Lecture on Religion and World Affairs. Permission granted by Foreign Policy Research Institute, Philadelphia, USA http://www.fpri.org/enotes/200801.jasser.americanismislamism.html.

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y venturing into public said, “The legitimate powers of discussions on the government extend to such acts only Mintersection between as are injurious to others. But it does religion and politics is not something me no injury for my neighbor to say that I chose, but rather something I there are twenty gods, or no God. It felt obliged to do after 9/11. Prior to neither picks my pocket nor breaks then, I’d been dealing with many of my leg.” This idea that a person’s the pathologies within the Muslim relationship with God is his or her community, but as I began to see who own and not the role of government was emerging as “spokespersons” for to impose upon citizens is one of the my faith after 9/11, I had to do main quarrels that the Islamists and something; hence the formation of those who ideologically feed the the American Islamic Forum for terrorists have with the West. Democracy. Unfortunately, many Americans More than six years after 9/11, have forgotten that America was we’re starting to figure out that founded by people who were terrorism is just a tactic. The tactic escaping religious persecution. has a goal, a mission, and a dream. America is not just a flag, it’s not just Terrorism is simply a means to an our media, MTV, rock and roll, or blue end. The only way to defeat a tactic is jeans. It’s an idea of religious and either to defeat the source political freedom and the freedom to completely or to take away the be and achieve what you want, with dreams of the enablers. Those equal access to everyone. That access dreams, when they are wedded to is not dictated by wealth, religion, or religion, become the biggest liability any other immutable characteristic. for those of us who are embarrassed That is what the Islamists fear the even talking about religion and most. politics. What greater incendiary “Islamist” does not necessarily mechanism could there be to mean only terrorists, and the simple manipulate Western society than to condemnation of terror does not cover a fascistic dream in a faith that make someone necessarily is a spiritual path for over a billion compatible with American and people? And what better way to Western ideals. Condemning terror— insulate itself from criticism than to the targeting of women, children, cover itself in a spiritual guise? noncombatants and non-uniformed Non-Muslim and Muslim alike, people for the achievement of Americans, guided by the political ends—simply brings one to Constitution and First Amendment, the table of humanity. have always been protective of our The root cause of terrorism is the faith. One of my heroes growing up dreams of the political Islamic state, was Thomas Jefferson. The Virginia and we need to understand what that Statute on Religious Freedom, state is. It can be either the fascistic drafted by Thomas Jefferson, state that believes in the totalitarian engrained in our society a respect for or authoritarian imposition of Islamic the free practice of religion. Jefferson law throughout society or the

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democratic Islamic state, which state. Some in the Muslim community believes in parliaments, elections, may call this fear-mongering or and discourse and debate. These two exaggeration, but that Islamist different types of government share community should not be allowed to the identification of being an Islamic circle the wagons and rally state because the source of law is the themselves behind victimization. same: the Quran and the tradition, Rather, they should be engaged on orsunnah, of the Prophet. these ideas of the role of religious law The sunnah guide my personal in public life. For while the vast life—my last will and testament, my majority of Muslims have assimilated marriage, our marital contract. But and reformed their own practices, by that’s something we chose in our own virtue of the way that they live in home. To transfer that into America, ideologically they have government gives clerics exclusive often been given the freedom but not access to law, legislation, and public the means, the task, and the challenge and legal discourse. If non-clerics to understand what it is that they are want to gain access, they have to living day to day. become schooled in sharia law. As As a result, most of the texts on important as the West’s initiative to Islamic bookshelves are pre-14th democratize the Middle East is, we’re century. Most of the Islamic texts on missing the boat if we think we’re law, penal codes, civil codes, etc., are going to solve the problems in the based on 14th century law at best—it Middle East by simply getting those could be 11th or 12th century. Hence countries to have elections and the corporal punishment, the parliaments. We need to bring forth severing of hands for theft, the the ideas of freedom, liberty, and stoning of women for violation of respect for individuals, sometimes marital laws, that is still part of Saudi over the community. That last law. This to Westerners is barbaric, principle is one that came in the but the religious law hasn’t been West’s Enlightenment. reformed or advanced to bring it into Until Muslims understand that the 21st century. their faith is not threatened by the One of the primary problems with Enlightenment and respect for the Islamic reformation issues is the individual, we cannot win this war. clerical leadership and the imams. Sometimes when we present these Most Muslim families would be ideas, we present them behind the dismayed if their son or daughter American flag. But being patriotic wanted to study to become a cleric or doesn’t necessarily mean that imam, which is not of the same value someone is looking out for the best to a family as studying medicine, law, interests of freedom and liberty in or engineering. So the hold upon America. Islamic organizations that religious, theological discussion of purport to represent Muslims may jurisprudence in faith has been given have a vision for America that simply over to less than the intellectuals in takes our flag and adds a little society. crescent, turning it into an Islamic My own family escaped Syria to

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come to America for ideological, not end up ushering in parliaments based economic, reasons. After the French on Quranic law and facilitating the pulled out in 1946, my grandfather establishment of Islamic states that had tried to be part of the may in the short term be more democratization of Syria, which did peaceful to us from a strategic have democracy for a few years. Then standpoint, but in the long term could unfortunately, as we saw in many end up dividing the world into a Middle Eastern countries, coup after triangular fashion of China, Islamic coup occurred from the early 1950s states, and the secular Western until finally the last military coup led states. by the Baathists which ultimately The conflict is over the correct brought Hafez al-Assad to power source of law—Is it the Constitution around 1970. The secular and natural law or sharia; the lay dictatorships are deeply wedded to individual or the clerics, or the radical Islam and the Islamist threat individual vs. tribalism or Muslim in the world. They may seem to be collectivism? diametrically opposed entities, but I’ve tried to go to prayer every the evolution and history of radical Friday, I attend the Ramadan holiday Islamist or theocratic movements has prayers and have probably 70-80 been an equal and opposite reaction percent of the time found mosques to the dictatorships in the Middle that were not solely about spirituality East—- whether they are the or about teaching children morality monarchy in Saudi Arabia and the and character, integrity, service, and Wahhabis who came out of them, or humility, but rather about politics— the dictatorships in Egypt and Syria, domestic and foreign policy, issues for the Muslim Brotherhood, which that I believe have nothing to do with also fed Hamas in Israel. This is what my relationship with God but rather happened in Iran, with the Shah concern things on this earth. My initially in power, which empowered response in many of the debates I’ve the radical Islamist movement. All of tried to no avail to have with imams this is very symmetrical, and that’s is to tell them that if God wanted us why we will not be able to bring to discuss these things, the Quran Islam into modernity without the would have been filled with removal of many of these injunctions about how to run governments. government. But there’s nothing in We do not have to do this the Quran about how we should run militarily. We changed Eastern government. Yet they will take Europe without invading any of those passages that do talk about war, for countries and defeated communism example, and transpose them out of without invading Russia. But we need context, which I believe is about to turn our attention to the history far more than it is about dissidents, to those who believe in religion. freedom and liberty, not only Back to my story. Once in the early democracy. If we align ourselves only 1990s, on leave from the military, I with democratic movements, we may went to an Islamic medical

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association meeting. One of the only other military personnel in the other Muslim medical officers was audience to leave, because they were the head of endocrinology at violating their oath to this country. It Bethesda. He and I were going to was in some ways traumatic for me. I present a paper on hormonal had just joined the Navy. But yet they regulation and some endocrine issues felt that I was overreacting. I feel that at the Islamic Medical Association, it is not overreaction. There are which was being held in conjunction certain things we have to know as a with the Islamic Society of North community and as a nation that take America annual conference. I had priority over other things. never been to a meeting of ISNA, the A German judge recently gave a largest Muslim organization in man the right to beat his wife America. Its annual meetings are because the husband maintained that attended by 15,000-30,000 Muslim it was out of his religious law that he activists. The keynote address was is allowed to practice domestic abuse given by Siraj Wahhaj, Imam of Al- on his wife. That’s not the Islam I was Taqwa Mosque in Brooklyn, New taught, but if we become a society York, who was originally with the where once someone raises the flag Nation of Islam and then converted to of religion we stop critiquing it and Sunni Islam. I was pulled into stop holding him accountable to listening to this magnetic speaker, values that we share as a community, until he began talking about the that is the day we begin down the constitution. He picked up the Quran slope of defeat. and said “You know, I was on an As much as some Muslims could airplane and imagine, a Jewish say I am mischaracterizing Islam or passenger sitting next to me asked am too harsh, I think it is important me about the Quran I was reading—if to have the debate. Five years after Muslims became a majority in the ISNA meeting, I met my wife and America, would we replace the U.S. her family in Cleveland and told them constitution with the Quran.” He that story. They said “We were there! laughed and said, “Can you imagine We heard you say that.” Yet nobody someone wondering if a document did anything. Nobody stood up and made by humans would be superior agreed with me, nobody said “We to a document made by God?” may have a problem.” That same I got lightheaded, I sat down, and imam then became an alleged after he was done I went to the Q- unindicted coconspirator in the 1993 and-A microphone and said, “I’m not World Trade Center bombing and sure if you understand American law, later, in 1995, testified in defense of but you have just violated the Omar Abdel-Rahman. Sedition Act as I understand it. You’re There’s a tribal mentality; free to disagree with foreign and somehow individuals want to create domestic policy, but you cannot talk and advance the ideas of the tribal about the overthrow of the U.S. leaders. The Islamic community has constitution and its replacement by reverted back to pre-Islamic Arabia, another document.” I encouraged to a tribalism that has lost its values.

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Any time you take an idea in which you don’t want religion to inspire the ends justify the means, it is what we do? There’s this equivalency basically corruption. Alija where they then give me ten other Izetbegovic, the president of Bosnia- religious lobbies in America that Herzegovina, said that he was never supposedly mix religion and politics. more Muslim than when he was in I’ll say that there’s absolutely no solitary confinement under Marshal comparison, there’s no moral Tito for 15 years. A Muslim can hear equivalency between religiously that and think “My rights and inspired political groups and Islamist freedoms in society are not related to groups that have a constructive law my being Muslim. I have more time to as a goal— the nucleus of which is sit and talk to God and be closer to completely different from one based God when I have absolutely no rights on a human document. The key is and I’m sitting in solitary that we hold Muslims accountable to confinement. Therefore my religion what they view the concept of law and my piety are unrelated to this would be if they became a majority. earth.” One finds few or no Christian, Actually, the idea that we should Buddhist or Hindu groups who want be selling—not on the U.S. station Al to bring, e.g., canon law or religious Hurrah, which actually gets very low jurisprudence into American ratings in Iraq, but on Al Jazeera, on jurisprudence. Yet they may be Syrian TV—is that the way for inspired and empowered by their individuals to be closest to God is to faith, which is very different. live in freedom. When you live in an I would then remember de environment where people around Tocqueville, who said that military you are not fasting in Ramadan, dictatorships do not need God, but where they are not praying five times democracies and lands based on a day, where I choose to separate freedom do. Because as you know, in from the group and go pray on my the Middle East, and we see this in own, not in the middle of a gate at the Iraq, when countries have lost their airport demanding for everyone to values after decades of dictatorship see me but actually on my own, that and become corrupt, there’s such a actually is more of a demonstration loss of values that corruption has to the God of Abraham, that I’m guided and taken over that society choosing to do that of my own free making freedom difficult to take hold. will. Thus, the day of judgment, if you As a result, you have wanton believe in a day of reckoning, has destruction and lawlessness. The more meaning to God. That is to me only thing that would control that the message of our founding fathers. society is some form of martial law. The most pious nations and So you need to transition states from individuals are those who can freely oppression to freedom, but that decide whether to act or to practice transition needs to be inculcated with their faith without coercion from values. government. At the end of the day, if we believe Muslims will say, this is ridiculous, that those values they’re going to use

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to drive their ideas are going to be carry people who were carrying based on morality, that morality has alcohol, to impose their values on the to come from somewhere. If it’s not passengers they picked up. Some may going to come from Islam, then we’re say that making a lot out of these going to have to convert over 1 issues is an exaggeration—“you need billion people to another faith, and to lighten up.” But every opportunity that’s not going to work. So that I have to highlight examples, of what source of values is going to have to be in medicine we would call their faith of Islam, which we as pathegnemonic symptoms, of the Muslims believe is a message from pathology of Islamism, I will exploit the God of Abraham to Muslims. But that. Because they are doing the same that message has to be put in a way thing. They are exploiting that’s consistent with modernity and victimization issues and politics to pluralism. use what we have now been calling What can we do as a Western law-fare to get us distracted, to sue society within our community and individuals who are the biggest what can we do, especially for non- threat to their ideas. So that we’re all Muslims and other organizations, to so busy fighting lawsuits such as the help this process along and move it flying imams case (the six imams who along faster than the five hundred filed suit against U.S. Airways in years of stagnancy that we’ve been March 2007 for having been removed under? from a flight in November 2006 after First, in our own societies, we behavior that many have called need to be cautious about permitting provocative) to distract us, to parallel societies, parallel courts such continue to divide society between as sharia courts where Muslims are Muslim and non-Muslim and to allow given the “freedom” to set up their the continued inculcation of this own legal court system. They would Islamist ideology via Muslim become an incubator for radical collectivism. Islamism. Canada tried this, and the A good example is Carver most vocal voice against sharia Elementary School in San Diego, courts were Muslim women, even which because of the third of its though they were told by the non- students who are Muslim wanted to Muslims in Canada that “You don’t move the lunchtime from 12:30 to have to, it’s voluntary.” Once you get 1:30 pm so that they could have their swept into this, it’s like fighting prayers. I wrote a column and on domestic violence in our own CNN talked about the fact that many country. We must prevent the of us grew up in public elementary establishment of institutions that schools praying and doing our own cater to that and allow the practices of faith without asking for incubation. the entire school to change its time Second, we see many examples schedule. You can step away during a like the taxicab drivers in break and practice your faith. Minneapolis who wanted to be Certainly I would not want schools to separate from the society, not to prevent Muslims from praying, they

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should be given the space to pray if start focusing most of its resources they need it. Because that’s a on the root cause of terrorism as a personal faith practice. But once that tactic, which is political Islam. personal faith practice crosses the The methods of reform are line into society and starts changing manifold. First, engage the Muslim the schedule of the general society or community on these issues, get changing the cost to general society informed about the difference to the taxpayers, as we saw with the between sharia law and footbath incidents where the constitutional law, and start to have University of Michigan was paying discussion panels, not the interfaith, $30,000 to install footbaths, that “kumbiyah” discussions that crosses the line of the founding legitimize most Muslim communities’ principles of America. I don’t have a leaders. problem with private funding for that I have Frank Gaffney, executive if they need it, fine. But not from the producer of the documentary Islam taxpayers. For once it comes from the vs. Islamists, to thank for connecting taxpayers, then they should have me with Dr. John Templeton and allotted $30,000 for every other faith others. After his film, originally group in that university at the same scheduled as part of PBS’ “America at time. a Crossroads,” was pulled from that When I was growing up in the series, it was shown on Fox News a 1970s, I don’t remember Muslims couple of weeks ago. Ahmed Shqeirat, asking for any of these things. It has the imam who’s one of my main almost become a tool of self- Islamist adversaries in Phoenix, in segregation and separating Muslims that documentary alluded to me from non-Muslims so that they can (though not by name), claiming that continue this issue of minority I’m a “liberal extremist”. He went on politics. It’s becoming very potent to say that “people like me think we and we have allowed it to take over can somehow separate religion and the debate. It soaks up the bandwidth politics and don’t want to of American attention instead of acknowledge that every Muslim allowing us to fight for freedom. wants to live in an Islamic state, Islamic organizations today have under sharia law.” only come to notoriety because of After the showing of the film America’s fear of terrorism. If locally, one interfaith celebration I terrorism disappeared tomorrow, knew of was cancelled in Phoenix. So nobody would care about footbaths, people are starting to understand schedules in schools, etc. Focusing on that there is a veneer of moderation those issues would be the same as if a from the Islamists. They know how to patient came into my office with lung play the game outside the mosque, cancer and I spent my whole time but these organizations are lacking focusing on their cholesterol, on civil rights within their headaches, and every other issue community. It’s a corruption that except the cancer. The Muslim needs to be exposed. Ultimately, community for credibility needs to these institutions will disappear

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quickly once they start to be exposed word of Wahhabism. They were able to the regular American community to inculcate this literature into a lot of that pays attention to hypocrisy. mosques, under the guise of most of So second, the Muslim community these dictatorships. needs to be held accountable to its We need to change those dreams concept of umma. Umma is a word from dreams of the utopian caliphate that is very prevalent in the Quran. It or Islamic states that bring them means “nation” or “community.” supposedly Islamic freedom to When an imam talks about umma, in dreams of Western, individual Arabic and in his sermons, it is a freedom, where access to threatening concept, because you government and society is open to all. then wonder at what point does an Much of the leadership on this must American Muslim follow the needs of come from Muslim business leaders, the Muslim nation vs. the needs of the who can argue for the kind of American nation to which he or she is education that is needed. a citizen. The Muslim community Next, help us establish needs to “de-ummatize” itself, to institutions. The Western really restrict the mechanism by enlightenment happened with the which the umma is invoked. I would establishment of enlightenment personally limit it to our study of institutions, classically liberal theology and learning about the institutions that queried the church Quran and scripture; to charity that and government and began to obviously all of our faiths seek to question authority. give; to socialization, obviously Hold some litmus tests and marriage within the faith is standards for the Muslims you something all of our faiths try to do; engage with organizationally. They and then last facilitating our hajj, our need to recognize Israel as a state, to pilgrimage, and other aspects of stand against radical Islamist groups practice and spirituality including by name, not by theory, tactic, or mosques and community worship. condemning terrorism, but by Third, we need to change the name—Hamas, Al Qaeda and other dreams. The dreams of most Muslims groups. If they don’t have the moral today are still wedded, because they courage to name the Saudis, the have come from oppression and Syrian government, as an oppressive dictatorships, to religion, because the dictatorship, then you have to mosque was the last institution wonder where their allegiances are. where they had a little freedom of These types of litmus tests are not speech, as long as they didn’t speak being done enough even by our own against their own government. That’s government and the people they why the Muslim Brotherhood took attach themselves to. over the mosques in Syria, and why We need help in what I would call the Wahhabis were able to spread a counter-jihad that is still in its texts into most of the mosques in the earliest, mitotic cell divisions. There world, at a cost of $80 billion that are so many factors affecting the they spent on spreading the radical ability of Muslims to really contribute

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and get involved. One is because of they are not qualified when called on fear—moderates are actually the first to think and provide for themselves; to be attacked; because of tribalism, and their inexperience, their because of the lack of knowledge. ignorance and bigotry make them There are probably more people in instruments often in the hands of the this room who understand sharia Bonapartes and Iturbides to defeat than in most of the Muslim groups their own rights and purposes.” I’ve spoken to. That’s sad. It’s because (Thomas Jefferson to John Adams, the reins of understanding 1823). intellectual theology in Islam are just Jefferson was talking about our given up by most Muslims. country’s founding. He didn’t end I will conclude with another slavery, but Lincoln, who did decades Jefferson quotation that talks about later, probably said it best: “America the patience with which revolutions is the world’s last greatest hope for happen. “The generation which mankind.” We have to remember the commences a revolution rarely ideas America stands for, that there complete it. Habituated from their are millions of Muslims who came infancy to passive submission of body here because of those ideas, and if we and mind to their kings and priests, tell them that Islam is the problem, we will not win the war.

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David FORTE

Islam’s Trajectory

E-Notes September 2006

David FORTE

David Forte is Charles R. Emrick Jr.-Calfee, Halter & Griswold Endowed Professor of Law at Cleveland State University and author of STUDIES IN ISLAMIC LAW (Austin & Winfield, 1999). This essay is based on his presentation at the May 6-7, 2006 History Institute for Teachers on Islam, Islamism, and Democratic Values, hosted by FPRI’s Marvin Wachman Fund for International Education. The institute, held in Bryn Mawr, Pa., was made possible by a grant from the Annenberg Foundation. Permission granted by Foreign Policy Research Institute, Philadelphia, USA http://www.fpri.org/enotes/200609.religion.forte.islamtrajectory.html

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n March 2006, Abdul Rahman, an religious leader stated, “We must set Afghan who converted to an example, he must be IChristianity, was charged with hanged.”[1] Ordinary Afghans agreed. apostasy because, in a custody To them, a conversion to Christianity dispute, his wife had reported him to was an affront that had to be the authorities as a Christian. Had he avenged. One of Rahman’s neighbors been found guilty, according to the said “There is no way we’re going to Hanafi school of jurisprudence allow an Afghan to insult us by (which is the form of Sharia in becoming Christian.”[2]One resident Afghanistan), Rahman would have of Kabul stated, “According to Islamic had three days in which to recant; if law, he should be sentenced to death he maintained his Christian beliefs, because Christianity is forbidden in he would have been executed. But our land.”[3] after enormous international There are in fact Christians in pressure the judge dismissed his case Afghanistan. They’re a tiny minority, on the ground that Rahman may have but they do number in the thousands. been mentally unstable, and under Virtually all of them were or are the the procedural rules of Sharia, one offspring of converts from Islam. And cannot be convicted of a Hadd so they fear. There is no public offense—the crimes for which God Christian church in Afghanistan; has affixed a set penalty (adultery, Christians must worship secretly in fornication, false charge of adultery, their homes or within the diplomatic drinking wine, apostasy, theft, and compound. This is no Saudi Arabia; robbery)—unless he is mentally this is a country freed from a gross competent. Rahman is now safe in tyranny by an army from a Christian Italy, albeit with his identity hidden land. And now this is a democratic for fear of assassination. country in which Christians fear for This was a quick and easy way out their lives. of the problem, because everyone It is events like this that have knew that once he was released in begun to turn Americans against the Afghanistan, Rahman would have notion of Islam as a religion worthy been murdered, likely by his family, of respect. After 9/11, George Bush and under Islamic law there is no famously said “Islam is a religion of liability for killing an apostate. peace,” and there is a strong Knowing this, the Afghan parliament moderate and spiritual strain in protested Italy’s granting asylum to Islam that would affirm this. But Rahman, thus robbing the people of Americans have seen so much going Afghanistan of their opportunity for on in the name of Islam that their vigilante justice. Abdul Raoulf, a attitude toward it has shifted. moderate member of the Ulama The constitution of Afghanistan (legal fraternity), who himself had stipulates that it shall abide by the suffered persecution under the UN Universal Declaration of Human Taliban, said “We will call on the Rights, which affirms that “everyone people to pull him into pieces so has the right to freedom of thought, there’s nothing left.” Another top conscience and religion. This right

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includes freedom to change his Catholic Reformation, was a frank religion or belief.” But the Afghan acknowledgment that the Church had constitution also says “No law can be strayed from the direction set for it contrary to the beliefs and provisions by Christ. In fact, looking at modern of the sacred religion of Islam.” How times, John Paul II’s pontificate was can such a contradiction be itself so historically seminal because negotiated? it refocused the Church in the world There is a great mystery in Islam. on the trajectory first begun in the Islam should have been the first early church by Peter. civilization to have abandoned To understand a religion’s sense slavery; it was the last. Islam should of its identity, we must focus on its have been the first to establish founding documents and traditions complete religious liberty; today, and on its developing sense of itself. non-Muslims suffer egregious We must get a hold of its animating persecution in Muslim lands. Islam ethos. The founding documents of should have been the first to Judaism, Christianity, and Islam have establish social equality for women. all been subjected to historical Instead, women who stray outside criticism. But for their adherents, the family’s code of behavior are they are real and truly derived from murdered with impunity. Islam divinity. To understand a religion’s should have been the foremost place in history, therefore, we must civilization to observe the appreciate how the faithful see their humanitarian laws of war, but its sacred documents. As observers, we empires have been no different from must accept them in that sense as a others; some claim they have been historical given. worse. Today Muslims slaughter As we take the Quran, as most innocent civilians precisely because moderate educated Muslims they are innocent. interpret it, we find the following: The founder of every great Christians and Jews are respected as religion sets its message off on a Abrahamic brothers in faith and will trajectory into the world that is enjoy the favor of God on the last day. carried through history. But the There is no compulsion in faith for followers of religion, being human, any person. A person who abjures inevitably deflect the trajectory from Islam will suffer God’s disapproval, its original path. The Old Testament, but may not be harmed in this world. especially in its prophetic literature, Non-Muslims can practice their is to a large extent a narrative of a religion and receive protection upon people being called back to the path the payment of tribute, the standard set for them by God. The Protestant mechanism for a subject population Reformation changed the trajectory in ancient imperial times. of Christianity and itself set off a In pre-Islamic Arabia, most thousand attempts at righting the women lived at the sufferance of Reformation’s trajectory. their husbands and male relatives. Catholicism’s counterreformation, or Although some women achieved as Catholics prefer to call it, the wealth on their own—Khadija,

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Mohammed’s first wife, was such a populations, monks, or any innocent woman—most Arabian women could civilians. A child of a slave cannot be not inherit wealth, the bride price separated from its mother in Islam. was given to the father, they could be Manumission is meritorious; it divorced at will or kept unavailable overcomes sin and is counted among to other men during a period after the good deeds in the balance of life divorce, and they could be beaten upon which attaining paradise is with impunity. Mohammed took dependent. In Muslim moral Arabian society as far as it could go in theology, one attains paradise his time. Women are to be recognized according to the balance of good as sui generis of the law; they may deeds over bad deeds. There is no own their own property; they get to deathbed recantation. There can be a keep the dower, which the husband deathbed conversion that wipes out may not interfere with, even if he is previous sins if one were not Muslim. indebted. Wives must be maintained But if one were a bad person all one’s according to their station. They life, saying you’re sorry on your cannot be abused. At most they can deathbed is not going to do it. Islam be physically chastised so long as has a sophisticated five-level sense of there is no physical harm. And even moral actions: there are some moral that is not seen as the morally actions that are compulsory; others preferable option in Islam. Polygamy, that are approved, that is , gain one unlimited before Mohammed, is moral credit; some actions are limited to four wives, but only if each neutral; some are disapproved, what wife can be maintained equally. A we call sins; and some are absolutely man may not marry a second wife if forbidden, which the state must he has fear of injustice to his first proscribe. Manumission is approved. wife and every man, were he honest It gains a soul moral favor. But with himself, should fear that he owning a slave is legal and morally might commit such an injustice. neutral. It is permitted to enslave Slavery has been the universal someone after a battle, but it is unexceptionable norm throughout meritorious to manumit a slave. human history until recent times. In So how did such a noble start the Quran, the slave must be well come a cropper? How did tolerance treated. Muslims cannot be enslaved become intolerance? How did by other Muslims after battle, for protection become persecution? How debt, or for any other reason. did the dignity of women turn into Another international norm at the indignity? How did limited war time was universally observed by become massacre? It is not enough of Christian armies, Muslim armies, and an answer to say that there have Persian armies: a soldier taken in always been bad Muslims and bad battle can be killed, enslaved, let Christians and bad Jews. For the loose, or kept for ransom. There was problem in Islam is that intolerance no dissent to this proposition. The and indignity and the murder of a Muslims, however, were told in the person because of his changed Quran not to harm subject religious belief have gained

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authoritative sanction from some tradition that all apostates had to be quarters. killed had its origin during these Three institutions have deflected wars of rebellion and not during the trajectory of Mohammed’s Mohammed’s time. In fact, many original message: the law, the empire, argue that these traditions in which and the tribe. Let us take apostasy as Mohammed affirmed the killing of an example. The Quran condemns the apostates were apocryphal, made up apostate to damnation but imposes later to justify what the empire had no earthly penalty. The death penalty been doing. In fact, most of these arose later, in the law. It was the traditions do not have a sound isnad, traditions of the Prophet, known as or chain of authority. Muslims knew the Sunna, developed and codified that there were tens of thousands of later during a drive for the fabricated traditions in the 8th and Islamicization of the early Islamic 9th centuries during the ideological empire, that required putting the battles between the legalists and apostate to death. A primary other parties in the Islamic empire. tradition relied upon for this view And so the method of authenticating attributes to Mohammed the what were sound traditions statement, “Whoever changes his developed. Those traditions that Islamic religion, kill him.” could be regarded with authority Most traditions, however, possessed a clear, unbroken chain of including the one just cited, inflict the transmission by reputable Muslims death sentence because the apostate reaching back to the Prophet. In waged war on Islam. Indeed, the Islam, as in most ancient methods of primary justification for the adjudication, authority was the execution of the apostate is that in method of determining truth, not the early days of Islam, apostasy and objective forensic evidence. If the treason were in fact synonymous. witness were moral, the witness had War was perennial in Arabia. It never to be believed. You can impugn the stopped. To reject the leader of witness’s character, but you don’t another tribe, to give up on a impugn the testimony. The testimony coalition, was in effect to go to war is accepted. So if one could find a against him. There was no such thing sound isnad, one had to accept its as neutrality. There were truces, but authority. (Of course, one could there was never a permanent fabricate the transmissions as well as neutrality. It is reported, for example, the substance of the tradition, but that immediately after the death of that problem was not, to my Mohammed, many tribes apostatized. knowledge, systematically addressed They said in effect, “The leader whom in Islamic tradition.) we were following is gone, so let’s go But there are breaks in some of back to our own leaders.” And they the isnads. That tradition is then rebelled against Muslim rule. The called weak, or not sound. Most, if not first caliph, Abu Bakr, ordered such all, of the traditions regarding rebels to be killed. Mohammed’s assertions of apostasy Many scholars argue that the as a capital offense are either

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apocryphal, according to Western act of apostasy was fatal, even from and some Muslim scholars, or have say Judaism to Christianity. weak isnads and need not be As in other areas of Islamic law, believed. In one of the most probative evidence relies upon the exhaustive studies of the classical bona fides of the witnesses more sources of Islamic law, S.A. Rahman, a than upon the substance of the act Pakistani jurist of renown, argued that constitute apostasy. According to that all references in the Quran to Abu Zakariyya Yahiya Ibn Sharaf al- apostasy tied retaliation to rebellion, Nawawi (1233-78) of the Shafii not merely falling from faith. Rahman school, “witnesses need not recount argued that most other verses and in all their details the facts that sound traditions indicate an constitute apostasy; they may confine undeviating view that changes in themselves to affirming that the belief were left to God to punish, and guilty person is an apostate.” The that it was forbidden to compel any punishment for an apostate is death; person to join or rejoin any religion. traditionally by beheading, although Whatever the source for the crucifixion and immolation have also sentence of apostasy, most jurists of been employed. For some jurists, the the Sharia came to regard the crime apostate must be given a period of as one of neither rebellion nor time in which to recant and return to unbelief, but merely a falling away Islam; most schools require that the from Islam. They were, after all, apostate be exhorted to repent. But religious judges, and they came up the Shia will not accept the with these rules a century or two recantation of an apostate who was after Mohammed’s death. And so the born a Muslim. The Hanafi school religious judge would import recommends three days of authoritative actions into a religious imprisonment before execution, mold. No distinction was made although neither the delay nor the between the apostate who converts requirement to try to dissuade the to one of the protected religions and apostate before killing him is one who falls into polytheism or mandatory. The Maliki school unbelief. All apostates were (dominant in Egypt), which is denominated as unbelievers. No normally stricter than the Hanafi connection with rebellion was school, will in this case allow up to required. All that was needed was ten days for recantation. Although some evidence of disbelief, and the Hanafi school does not condemn unless recantation occurred the female apostate to death, jurists relatively quickly, death was in the Maliki and Shafi schools do. imposed. Under most schools of Islamic law For the Maliki school, it was the (Hanafi, Maliki, Shafii, Hanbali, Shia act of falling away from the religion Jaafari), the apostate is an outlaw. of Islam that mattered. The law had The Hanafis are explicit: any person no regard for conversion from one killing an apostate is himself immune non-Islamic faith to another. But for to prosecution and immune from the more casuistical Shafii school, any retaliation. In addition, the apostate

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loses all civil entitlement. His society. They undid one of the most marriage becomes a nullity, and he important reforms of Mohammed. has no rights to inherit. In 1995 in This has been filtered into the tribal Egypt, for example, a court declared culture that has always remained Nasr Abu Zeid, a professor of Arabic within Islam. The act of apostasy literature and Islamic studies at Cairo became an offense against the honor University, an apostate, and he and of the clan or the family. And since his wife had to flee to France. He and the law allowed acts of private his wife escaped to France because vengeance in such cases, there was a they knew the fate of with the return to the very kind of violent act novelist Farag Fouda, whom the that Mohammed originally decreed ulama of Al-Azhar university had out of Muslim society. declared to be an apostate. Certain Such a cultural practice leaves that he was going to be assassinated, non-Muslims paralyzed. On a trip I Fouda was in fact murdered in 1992. made to a moderate Muslim country, His killers announced “All we did was I visited non-Muslim religious leaders carry out the appropriate Islamic and asked them what happens if a punishment in light of the accusation Muslim wishes to convert to leveled by Al-Azhar’s ulama.”. Christianity. They were all upset by Here is where the religious law that question. One religious leader can become pernicious. One of the told me, “Well, there are many most signal reforms of Mohammed reasons why a man might want to was to get rid of self-help vengeance convert to Christianity, none of them between the tribes. In seventh- genuine. It might be a psychological century Arabia, if a member of one reason, it might be he’s unstable, etc.” tribe were killed or harmed by a It is not just that it is politically member of another tribe, the tribe of embarrassing for a Christian leader the victim could retaliate at will. This that someone might want to become led to unending feuds. Mohammed a Christian. If his family should find decreed that there would no longer out, and he cannot be gotten out of be retaliation allowed until the guilt the country, his family will kill him. of the malefactor was proven to an So apostasy has been brought into impartial third party. And then, tribal cultures, which sadly to many retaliation was allowed only in the Westerners seems to give the lie to most egregious circumstances, where the Quranic verse that there shall be there was what we would call malice no compulsion in religion. Such afore thought. In all other actions, in my view, distort the circumstances, there could only be genuine heart of Islam. But it shows compensation. Self-help was no how far from the original principles longer allowed. This is a fundamental the culture has come because of what legal principle of any ordered society. the legal community did to it, what But the legal jurists, in turning the empire’s needs were, and how apostasy from an act of treason to an tribalism has distorted the religion’s act of unbelief, allowed self-help spiritual message. vengeance to return to Muslim Another example is the treatment

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of religious minorities. When the year 250), been very tolerant of Mohammed conquered a religious other religions. But under the minority, he gave them safe conduct Sassanids, who had succeeded the and the right to continue their Parthians, deviant sects were religious practices on payment of persecuted. The Sassainids would tribute. There was nothing unusual allow some sects to exist, provided about that. Tribute was the normal they paid a higher tax than did the method of acknowledgment of a Zoroastrians. This practice was superior ruler over an inferior absorbed by the Abbasid Empire and people. Even during the middle developed into the law of period of the Islamic empire, when the dhimmi (Christians and Jews, but the Byzantine Empire had a brief later including Zoroastrians, Hindus, resurgence, the caliph paid tribute to Sabians). The practice was codified the Byzantine emperor. And then into the law that the jurists were afterwards, the Byzantine Empire developing at the same time. It was a generally paid tribute to the caliph. contemporaneous development, not When the Islamic armies had first something from the Quran or from conquered Syria, the Holy Land, and the Prophet. Egypt, they came with no historic The dhimmi were allowed to exist tradition of imperial rule. The first and practice their own religion on empire, after the four caliphs who payment of a jizyah, which originally succeeded Mohammed, was the meant tribute but became much Umayyad Empire (661-750), which higher than the normal zakat that the had its capital in Damascus, a Muslim had to pay. (The zakat itself Byzantine city. At the start, the was originally a voluntary tithing, but Muslim conquerors were in effect the empire turned it into a garrison troops. Virtually the entire permanent tax, for empires know a population was non-Muslim. In fact, good tax scheme when they see it.) in the first few decades of the This differentiation put great Umayyad Empire, the court language pressure upon the dhimmi to was Greek, not Arabic. convert, because most people Now the Byzantines had already maintain their religion as a matter of invented the idea of what to do to a social norm, not as a matter of heretical sect (short of persecution). personal belief. This differentiation They would permit it to exist on between the zakat and the jizyah, as payment of tribute. The Umayyad well as a later differentiation in Empire simply adopted the Byzantine property taxes, derived from the practice. Then when the Abbasids Sassanid Empire and became part of took over from the Umayyads in 750, the Islamic rule regarding the they moved their capital to Baghdad, dhimmi. But if you take Mohammed’s which had been part of Persia. The original premise, which is that a Abbasids absorbed the Persian subject religion can continue to Sassanid imperial structure. The practice so long as they recognize the Persians, who were Zoroastrians, legitimacy of the state over it, there’s had, under the Parthians (till around nothing contrary to that in modern

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religious freedom. its spiritual roots undeflected by With the dhimmi under imperial empire, tribe, or rigid legal norms. In rule, ratified authoritatively by the sum, moderate and reformist Sharia, as a subject religion, tribalism thinkers in Islam are seeking to adds the mental construct of return to the spiritual trajectory intolerance of the other, and the established by the Prophet. results are the kind of massacres against dhimmis that have always Notes: punctuated Islamic history over the [1] Daniel Cooney, “Afghan clerics centuries. It need not have been so. want Christian convert killed,” AP, But it became ratified by the law Mar. 24, 2006. through the structure of empire and [2] Allan Wall, “Abdul Rahman and the acted upon through the lens of ’New’ Afghanistan,” NewsMax.com, tribalism. Mar. 24, 2006. As most moderate and reformist [3] Sanjoy Majumder, “Mood hardens Muslims readily agree, none of these against Afghan convert,” BBC, Mar. untoward practices of Muslim 24, 2006. civilization are required by the spiritual message of the Prophet. Looking past the present-day violence of radical Muslims, we see that, in the long run, the great struggle within Islam is to return to

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Anca Parmena OLIMID1

The politics of self-identity in the Balkans. The role of church-state relations in forming a new com-union *

Anca Parmena OLIMID

University of Craiova, Faculty of Social Sciences, Political Sciences Specialization, Craiova, Romania. Email: [email protected]

Abstract: This paper aims at identifying the main talking points of the Balkans collective identity assuming the hypothesis that recognizes its character of a unique phenomenon. The orientation of the paper towards a broader context of scientific analysis allows the possibility of the avoidance of a political, historical, legal, and not least, religious determinism focused on the year 1989: the moment of the collapse of the “communist bloc”. The working hypothesis starts from the observation attributing to the changes of the social practices. In this situation, the paper allows a detailed exposition of the theoretical and practical elements of the evolution and role of Church-State relations in forming a collective identity in the Balkans. As to the structural dimension of the political myth-making the analysis converges towards the acceptance of the following components: social practices and relations, national self-conscience and minority condition, religious freedom and migration experience.

Keywords: identity, Balkans, church, state, com-union.

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heories: The “nation-as-this and the There are two extensive views people-as-one” theory Ton the relationship between religion and politics of myth-making, Nikos Chrysoloras (Department of providing both either as Government and Hellenic complementary to each other or as Observatory, London School of structural tied with Balkans’ recent Economics and Political Sciences) democratization. suggests that there are, in fact, two Furthermore, from our data, we analytical theories surrounding the highlight two main domains of the “construction of national identity” in present research: the Balkans as particular way (1) to outline the main “perceiving reality”2. understandings of “church”, “state”, Nevertheless, this theory presents “politics” and “religion” developed the dual legitimization of the over the twenty years; discourse analysis and ethno- (2) to argue that, for our context, the symbolism. Moreover, it differentiates most significant role for a “nation as a mode of conceiving the rehabilitated search out of the moral political identity” based on the and social order is a new collective reinterpretation of preliminary spirit; observations of constructs such as “nation-as-this and the people-as- Integration Without one”3. Deconfessionalisation in the There are many academics that Balkans’ religious arena encourage this framework. Steven Majstorovic provides significant Over the last twenty years there insights into the relative politicization has been an unusual proliferation of of the relation between religion and historical, religious and social collective identity. literature, turning into a political In the preliminary stage, the issue, among the Balkan’s public author offers to those who study the opinion as well as among academics, problem of institutional relations surrounding the source of collective between Church and State in the identity construction. Balkans the possibility to examine the The paper examines the relations ethnonational identity, suggesting as between Church and State both at working hypothesis a new the theoretical level and through the interpretation within the context of experience of the Balkans in the modernization of nation-state relation context of the European integration. in Europe: “while Europe was The main purpose is to examine evolving the nation-state system, religion and the politics of myth- Eastern Europe, including the making with the regional collective Balkans, was dominated by a system identity as a “unique” unit of analysis of empires that restricted the for the Balkans. political options of ethnonational actors”4.

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The second part of its analysis prevents the establishment of starts with presenting short data double standards concerning the related to the emergent Balkans’ “revival process” speech. understandings of “church” and The experience has proved that in “politics” that can be used as a the reality of national identities, the necessary analysis limited to the relation Church-State arbitrarily Balkans perception. Moreover, as selects symbols, memory, Todorova writes, this configuration experiences, myths and creates creates a kind of balance that ideas5. .

Figure 1. The “nation-as-this and the people-as-one” theory

Respectively, this quite fragile arguments are generally offered to balance is not based on equal explain best this approach. possibilities of nations Essentially, - (a) One set refers to the national issues appeals to historical, political and legal collective memory and traditional components on the theory that most values among which religious of the Balkan state are analyzed as identification united regional political belonging to “Easter Orthodox corpus and dealed with real Christendom”. The best synthesis of difficulties in the sense of this approach is found in Bideleux methodological dimensions. But what and Jeffries’s claim that to explain the exactly explains the difference divergent path of “nation-as-this” and between “nation-as-this” and “people-as-one”6. “people-as-one? Two set of This theoretical explanation concerns religion and the so-called

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“civilizational process” in terms of plural perspective of the European particular characteristic and society. independent values in the Balkans. Before analyzing a public Robert Bideleux and Ian Jeffries discourse related to the impact of the argue that “rather than being “nation-as-this” and “people-as-one” fundamentally “alien” or ”essentially” in the context of the European different, the post-communist multiculturalism, let us reflect briefly Balkans have been a microcosm of on the particular evolution of the Europe as a whole and a very church-state in the Balkans. In this revealing mirror in which Western context, the mainstream discussion of and Central Europeans have been Balkan collective identity follows uncomfortably reminded of the Harakas’ argument according to dangerous current….”7. On the which this topic has to be developed background of these general remarks, under five headings: European today there is the interest in the Multiformity, Cultural Values and aesthetic attachment of religious European history, Fears and Hope, expression of Orthodoxy seeking to Insights from the Orthodox Christian bring into focus two elements: social ethic, and recent orthodox - (1) what religion offers as moral approaches to European religious support to people and pluralism8. - (2) perceptions of the Orthodox A strict position on these five religion as it is practiced in the matters is impossible in practical Balkans. Furthermore, the strong terms. Theoretically thinking it is bond between the Church and the possible to suggest some factors nation of Orthodoxy is based on whixh contribute to the redefining of the principle which gives the Europe’s cultural and practical image Orthodox Church the character of in this perspective: type of political national Church. collective identity and the tendency In such a volatile atmosphere, “to replace existing geo-politicisation events and possible scenarios for the with geo-culturalisation of European coming years could go in any number identity”9. In this context, Pożarlik’s of directions. The conflicts that thesis about the collective identity marked and followed the territorial and the challenge of an axiological fragmentation of former Yugoslavia pluralism in “new Europe” betrays an exalted and isolationist establishes an associative European view of the general agreement over democracy viable to the spiritual the fundamental rethinking of peace realities of current Balkans. This agreements, borders of emerged position tries to settle a way between states, process of ethnic the poles represented by state, reconciliation. In the same context, a church and individuals; it reaffirms finer analysis of the political and the primordial character of group religious phenomena in Europe identity and considers the would point a more nuanced organization of Church as essential perception of the encounter of feature of contemporary European Orthodoxy with the multicultural and society.

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- (b) The second set of “institutional deficit”. Regarding the explanations focuses on state- trends in citizens’ satisfaction with building problems and the role of their political, social, legal and political actors. Based mainly on the religious institutions, avarious work of Richard Farkas, this framework emerges from the theoretical approach looks at the Western Balkans. Gallup Balkan public opinion polls suggesting that Monitor released in November 2009 Central and East European argue shows that while in Albania, Kosovo they have “some trust” or “a lot of and Montenegro between 18% trust” in government (around 40%) (Albania) and 50% (Albanian in significantly below the Church Kosovo) of the citizens have a lot of average (around 60%)10. For much of confidence in their church; the past twenty years analysts and concerning the governments’ academics have argued whether performance the level of confidence Balkans suffers from a “crisis of is around 20%-30%11. identity” combined with a

100% 80% 60% 40% 20% 0%

Poor Only fair Good Excellent

Chart 1. Level of confidence in governments’ performance (Gallup Balkan Monitor 2009)

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Recent understandings of - (2) to emphasize a common collective identity and axiological perception of political transition: a pluralism the Balkans. The “we- growing sense of vulnerability and identity theory” fear, dreams of a new European Other account of different religious policy as a “given strategies and points of view of prefigurative interactionism” at political condition of the church in the individual and collective level. the Balkans comes from the Furthermore, according to Detrez intellectuals which preferred the and Plas it is interesting to observe public discourse and the impact of that in the Balkans such divergences EU’s fundamental institutional are to be individualized “at the level reform of as subjects of analysis for of the intellectual building of the the “essentialist pattern of collective national identity, not only in terms of identity construction” in the new EU an alterity vis-à-vis other national members. Not surprisingly, this groups”16. theoretical framework reinforce the At the same time, the “we-identity importance of the first theory theory” contributes to the “nation-as-this and the people-as- understanding of the Balkans’ one”, providing a pluralistic spirituality characterizing the 2000’s, argument in the context of the by reconstructing the importance of European integration. Pożarlik national and regional argues that there is, in fact, “a strong transformations, but most of all of the tendency displayed by both new and cultural and religious ones. As this old Europeans to identify themselves stage of our study, Klaus Eder to a large extent” according to a “we- pointed the particular commonness identity” perception12. European as a major condition of a collective integration is, without any doubt, a identity17. In addition to the features process implying an exam of the outlined by Detrez and Plas, Eder meeting – in mentalities, events and reflects a theoretical/practical terms – between the old Europan reality, an idealistic-abstract hope regional democracy and the and social differences arguing the cosmopolitan imprint13. Practically, balance between the need of national one might wonder whether, following identity unity and danger of the collapse of communist collapse, fragmentation. As mentioned before, there is a new state of spirit, a new the “we-identity theory” emphasizes mentality, as characteristic feature of the differences of the main ethnic the European institutional reform14. criteria – origin, language and While not necessarily embracing religion in the context of the other skeptical assumptions, this European integration18. The current points two basically normative levels tendency of “we-identity” finds the as provocations to recent empirical right measure (le juste milieu) researches: - (1) to indicate the main between the perspective of European patterns of European integration in integration and Balkans’ mythical connection with others types of social experience19: polls show that religion and political representation15; is gaining importance for most ethnic

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groups in the Western Balkans. Thus, its relation with the traditional axle the new tendency of “we-identity” and a practical one, which substitutes theory fights the millenary ideas of the traditions, excludes the presence western church on two general of religion which no longer characteristics: a theoretical one, corresponds to new tendencies of which sees the human being denying cultural and political world.

Figure 2. The “we-identity” theory

Conclusions The consequence of this At the same time in Bosnia and orientation is the spiritual crisis of Herzegovina, religious institutions Christianity, of individual’s wish to remained the most trusted discover spiritual freedom to create a institutions for individuals (6 % in postulated culture, solely centered on 2010)21. the rational ego. The same survey witnesses an A Gallup Poll (Gallup Balkan increasing interest regarding the Monitor) released in 2010 found, for religious organizations and, example, that Serbia was one of the especially in religion, as part of their countries where religion played the daily life (from 33 % in 2006 to 44% major role in everyday life (more in 2010)22. than half of respondents)20.

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Macedonia Albanians Macedonia Macedonians Kosovo Albanian Kosovo Serbs BIH Serbs BIH Croats BIH Bosniaks Croatia Montenegro Serbia Albania

100 80

0 2006 2010

Chart 2. Summary of Findings (Gallup Balkan Monitor - comparative analysis 2006/2010)

 Acknowledgement „This work was supported by the strategic grant POSDRU/89/1.5/S/61968, Project ID 61968 (2009), co-financed by the European Social Fund within the Sectorial Operational Program Human Resources Development 2007-2013".

NOTES: 1 Parts of this paper have been presented Central Europe available at at the International Conference MYTHS http://www.hks.harvard.edu/kokkalis/G OF THE OTHER IN THE BALKANS. SW7/GSW%206/Nikos%20Chrysoloras REPRESENTATIONS, SOCIAL PRACTICES %20Paper.pdf, pp. 1-10. AND PERFORMANCES, 24-26 February 3 Ibidem, pp. 7-8. 2011. Organisers: University of 4 Steven Majstorovic, Religion and Macedonia, Thessaloniki, Greece under Collective dentity: The Ethnopolitical the title Anca Parmena Olimid, Religion Barriers to Democratization in the and the Politics of Myth-Making in the Balkans in Willian Safran (ed.), The Balkans: the Role of Church-State Secular and the Sacred. Nation, Religion Relations in forming a Collective Identity. and Politics, London, Frank Cass, 2003, 2 Nikos Chrysoloras, Orthodoxy and Greek pp. 169-187. National Identity. An analysis of Greek 5 Maria Todorova (ed.), Balkan Identities. Nationalism in light of A. D. Smith’s Nation and Memory, London, C. Hurst & Theoretical Framework, Kokkalis Co., 2002, p. 9. Program on Southeastern and East-

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6 Robert Bideleux, Ian Jeffries, The Effects of Integration and Enlargement, Balkans. A Post-Communist History, New Burlington, Ashgate, 2005, pp. 198-199. York, Routledge, 2007, pp. 5-10. 18 For a comparative analysis, see 7 Ibidem, p. 5. Tsvetana Georgiev, The Balkans – An 8 Stanley Samuel Harakas, European ethnic and cultural crossroads in Council Multiformity and Dimensions of Orthodox of Europe Press, The Balkans – ethnic Christian Social Ethics in George P. and cultural crossroads: educational and Liacopulos (ed.), Church and Society, cultural aspects, Strasbourg, Council of Boston, Ma., Somerset Hall Press, 2007, Europe Publishing, 1997, pp. 29-31. pp. 265-267. 19 For a general overview, see 9 Grzegorz Pożarlik, Collective identity “Declaration on European Identity” and the challenge of axiological pluralism (Copenhagen Summit, 14 December in the new Europe in Magdalena Góra and 1973), December 1973, No. 12, pp. 118- Zdzisław Mach (eds.), Collective Identity 122. The Declaration introduces the and Democracy. The Impact of EU concept of a common identity in the Enlargement, ARENA Report No 4/10, European diplomacy, Bulletin of the RECON Report No. 12, Oslo, October European Communities. It also 2010, pp. 64-66. contributes to the establishment of 10 Richard P. Farkas, Democratization in cherished values based on the respect of the Balkans. Prescription for a Badly legal, political and moral order and Scarred Body Politic, Northeastern preservation of national cultures. University Press, UPNE, 2008, pp. 40-45. 20 Gallup Balkan Monitor. Insights and 11 Gallup Balkan Monitor. Insights and Perceptions: Voices of the Balkans in Perceptions: Voices of the Balkans in partnership with the European Fund for partnership with the European Fund for the Balkans, 2010 Summary of Findings the Balkans, 2009 Summary of Findings available at http://www.balkan- available at http://www.balkanmonitor.eu/files/BalkanMonitor- monitor.eu/files/BalkanMonitor- 2010_Summary_of_Findings.pdf, pp. 16- 2009_Summary_of_Findings.pdf, pp. 25- 28. 27. 21 Ibidem, p. 28. 12 Grzegorz Pożarlik, op. cit., pp. 63-65. 22 Ibidem, p. 10. 13 Ibidem, p. 61. 14 For more details see Cătălina Maria Georgescu, Migraţia forţei de muncă şi REFERENCES: securitatea statelor în spatial european în  BIDELEUX, Robert, Jeffries, Ian The “Actele Simpozionului Internaţional Balkans. A Post-Communist History, New Politica de vecinătate şi noul spirit York, Routledge, 2007 european”, Editura Libertatea, Panciova,  CHRYSOLORAS, Nikos, Orthodoxy and 2009, pp. 66-75. Greek National Identity. An analysis of 15 Ibidem. Greek Nationalism in light of A. D. Smith’s 16 Raymond Detrez, Pieter Plas (eds.), Theoretical Framework, Kokkalis Developing Cultural Identity in the Program on Southeastern and East- Balkans. Convergence vs. Divergence, Central Europe available at Brussels, P.I.E.- http://www.hks.harvard.edu/kokkalis/G Peter Lang, 2005, pp. 214-215. SW7/GSW%206/Nikos%20Chrysoloras 17 Klaus Eder, Remembering National %20Paper.pdf Memories Together: The Formation of a  DETREZ, Raymond, PLAS, Pieter (eds.), Transnational Identity in Europe in Klaus Developing Cultural Identity in the Eder, Willfried Spohn (eds.), Collective Memory and European Identity. The

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Balkans. Convergence vs. Divergence,  GEORGIEV, Tsvetana, The Balkans – An Brussels, P.I.E.-Peter Lang, 2005 ethnic and cultural crossroads in Council  EDER, Klaus, Remembering National of Europe Press, The Balkans – ethnic Memories Together: The Formation of a and cultural crossroads: educational and Transnational Identity in Europe in Klaus cultural aspects, Strasbourg, Council of Eder, Willfried Spohn (eds.), Collective Europe Publishing, 1997 Memory and European Identity. The  HARAKAS, Stanley Samuel, European Effects of Integration and Enlargement, Multiformity and Dimensions of Orthodox Burlington, Ashgate, 2005 Christian Social Ethics in George P.  FARKAS, Richard P., Democratization in Liacopulos (ed.), Church and Society, the Balkans. Prescription for a Badly Boston, Ma., Somerset Hall Press, 2007 Scarred Body Politic, Northeastern  MAJSTOROVIC, Steven, Religion and University Press, UPNE, 2008 Collective dentity: The Ethnopolitical  Gallup Balkan Monitor. Insights and Barriers to Democratization in the Perceptions: Voices of the Balkans in Balkans in Willian Safran (ed.), The partnership with the European Fund for Secular and the Sacred. Nation, Religion the Balkans, 2009 Summary of Findings and Politics, London, Frank Cass, 2003 available at http://www.balkan-  POŻARLIK, Grzegorz, Collective identity monitor.eu/files/BalkanMonitor- and the challenge of axiological pluralism 2009_Summary_of_Findings.pdf in the new Europe in Magdalena Góra and  Gallup Balkan Monitor. Insights and Zdzisław Mach (eds.), Collective Identity Perceptions: Voices of the Balkans in and Democracy. The Impact of EU partnership with the European Fund for Enlargement, ARENA Report No 4/10, the Balkans, 2010 Summary of Findings RECON Report No. 12, Oslo, October available at http://www.balkan- 2010 monitor.eu/files/BalkanMonitor-  TODOROVA, Maria, (ed.), Balkan 2010_Summary_of_Findings.pdf Identities. Nation and Memory, London, C.  GEORGESCU, Cătălina Maria, Migraţia Hurst & Co., 2002 forţei de muncă şi securitatea statelor în  “Declaration on European Identity” spatial european în “Actele Simpozionului (Copenhagen Summit, 14 December Internaţional Politica de vecinătate şi noul 1973), December 1973, No. 12. spirit european”, Editura Libertatea, Panciova, 2009

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SSTTAATTIIISSTTIIICCAALL MMEETTHHOODDSS

Mihai COSTESCU

The Young Test to evaluate the action of the systematic causes upon the data in the survey. Applicative Program

Mihai COSTESCU

University of Craiova, Faculty of Social Sciences, Political Sciences Specialization, Craiova, Romania. Email: [email protected]

Abstract: The present article emphasizes both systematic errors and values affected by blunt errors which are detected and removed since they influence in an unfavourable manner the survey results.

Keywords: systematic causes, survey data, random factors, systematic errors.

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t is known the fact that two types the survey data. of errors can act upon the survey The hypothesis is tested: H : upon survey data only random Idata: systematic errors, with 0 unilateral action and random errors, factors acted; with action in both ways, due to a with alternative multitude of factors of which H1 : upon survey data systematic individual influence is negligible. errors acted. Both systematic errors and values Given an experimental run of values x , x ,..., x , the scale is calculated affected by blunt errors must be 1 2 n n1 detected and removed since they 2 1 2   xi1  xi  , influence in an unfavourable manner Then it isn determined1 i1 the survey the survey results. spread 1 n The systematic errors detection 2   ( x  x )2 n 1 i and removal proves to be practically and, finally, the scalei1 2 difficult due to the multitude of M  . 2 factors that intercondition each other Scale M thus  determined is and this is why the methodics of compared with the lower critical removing these errors have a very values (vinf) and upper (vsup), chosen complex and varied character. from the table described below, and In this regard, the Young test, it is considered that the experimental although does not offer the run of values has a random character, possibility of removing systematic with the probability α, if it is errors, it enables the determination accomplished the requirement: of systematic causes influence upon vinf  M  vsup

vinf and vsup Values for the Young test vinf vsup n   0,95   0,99   0,95   0,99

4 0,78 0,53 3,22 3,47 5 0,82 0,54 3,18 3,46 6 0,89 0,56 3,11 3,44 7 0,94 0,61 3,06 3,39 8 0,98 0,66 3,02 3,34 9 1,02 0,71 2,98 3,29 10 1,06 0,75 2,94 3,25 11 1,10 0,79 2,90 3,21 12 1,13 0,83 2,87 3,17 15 1,21 0,92 2,79 3,08 20 1,30 1,04 2,70 2,96 25 1,37 1,13 2,63 2,87

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It can be noticed that the test d2:=d2/(n-1); cannot be applied but for samples m:=d2/disp; writeln; including at the most 25 writeln('selection mean = experimental values. If the sample ',mean:5:2); volume is between two values in Writeln('selection spread = ',disp:9:7); the table, it is recommended to be writeln('Value d^2 = ',d2:9:7); chosen the values corresponding writeln('M value calculated = ',m:5:2); writeln; to a smaller volume of the sample. if (m>vinf) and (m

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social development; 10. Elements of work. There are made analyses and ethnography. The text of each chapter interpretations regarding the staged is accompanied by thematic maps, evolution in the number of dwellers, graphic representations as diagrams presented in time and space, at the and photographic images. The entire level of plain, commune, village, on statistic information is synthesized in groups of demographic size of the tables and the annexes tables. villages etc., establishing the actual After a short presentation of the tendencies. the researches in the rural geography In order to evidence the dynamic and the mentioning of the geographic of the demographic phenomenon, the position for the studied area, the author analyzes, based on the author analyzes, in chapter III, the statistic data, a series of specific conditions of the natural indicators: the evolution rhythm of environment as premisses of the the natural balance, the vitality index rural dwelling and development. It is (pearl's index), the actual problems enhanced, firstly, the quality of the regarding the territorial mobility of relief, of great accessibility, being the population, starting from the regarded as a support-element of the causes to the consequences that other constituent ones, but especially appeared. Also, we notice the as an active component that, through analysis of the mutations that its variety, distribution, morphology, appeared in the geodemographic offered the appropriate conditions structures through the indicators that for the emerging and the spatial refer to the structure of the spreading of the human settlements. population on groups of age and The analysis vises the influence of the gender, the demographic aging index, climatic elements on the rural the rapport of demographic settlements, the relation of the dependency, the rate of activity, the habitat with the hydrographic unemployment rate etc. The author network and the signals the presence of a slow, but biopedogeographical concerning continuous, process of demographic their attracting in the humanizing aging and a greater share of feminine process. population. In chapter IV, the author An ample analysis is realized at evidences the oldness and the the level of the plain's rural continuity of dwelling in the space of settlements (chapter VI), both from the Băileşti Plain, starting with the the historic and geographical point of prehistory and continuing till the view. The entire attention is present moment, based on the concentrated on the relation between material culture (resulted after the the settlements and the natural archaeological discoveries), the environment, on their genesis and historic documents and the evolution. The territorial distribution cartographic materials. of the rural settlements from the Chapter V, in which is analyzed plain is approached quantitatively the geodemagraphical potential, (density, indexes of dispersion), represents a consistent part of the morphologically (noticing that the

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most numerous settlements are the The work ends with an ample gathered ones), structurally and chapter that includes elements of functionally. ethnography: the materiel In chapter VII, the author makes a component (the house), main and detailed presentation of the region's secondary traditional occupations of economic specific, starting from the the plain dwellers, ancient trades. traditional agricultural practices and The author brings solid arguments to the use of a technological level that the dwellers from this area are characteristic to the present period of the bearers of an old civilization of time. The socio-historic conditions the clay and wood products, specific for each stage of expressing in wood and clay as the development produced important Mediterranean world had done with mutations as concerning the way in the stone. As an element of which the lands are used. particularization in the analyzed As a new element, in chapter VIII, space, is the presence of the hut it is analyzed the evaluative concept (until the starting of the 20th century) of the life quality, direct result of the – a documentary treasure for the relation between the life conditions archaeologists, ethnographers and and human activities to the linguists. It is firmly rejected its necessities and the aspirations of the identification with the concept of individual. The analysis is realized on poverty. In the historical evolution the statistic information and the are also analyzed few of the elements perception of the local population. of the traditional way to render To make a whole analysis of the valuable the natural resources of the field region, in the last but one soil and also the diversity of the used chapter of the work (chapter IX), is techniques and tools. realized a diagnosis of the rural space Solidly elaborated, on the basis of of the plain, through a Swot analysis, the data and the interdisciplinary being identified, the weaknesses, the information, the work prefigures a strengths, the opportunities and the model of regional analysis, with threats. practical applicability in the durable The integration in the Euro- development. Atlantic space is perceived by the author as an opportunity for the local communities to stimulate the Loredana Maria Grozoiu economic and social life.

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