The process of territorial planning is complicated, because there are different and even opposite interest of persons related with particular territory. Administrative legal regulation of territorial planning in Lithuania underlies emergence of a legal conflict, namely the administrative litigation. Investigation of the administrative dispute applying the pre-litigation procedure allows the parties thereof to save both money and time. This article presents the problematic aspects of the pre-trial investigation of the administrative disputes arising in the (...) area of territorial planning. The article is composed of an introduction, three parts and conclusions. In the first part the characteristics of the disputes arising in the area of territorial planning, the preconditions of origin, and the demand for the pre-trial investigation thereof are analyzed. Legal regulation of pre-trial investigation out-of-court of the disputes arising in the area of territorial planning is revealed in the second part. In the third part key provisions of the reform of the pre-trial investigation out-of-court of the disputes arising in the area of territorial planning are discussed. (shrink)

The 1988 Education Reform Act legislated for a statutory curriculum in state-funded schools in England and Wales. This study explores how, out of a common curriculum framework for both countries, there emerged a school curriculum that was adapted to the distinctiveness of the linguistic and cultural context in Wales. The roles of those most closely involved in policy development in Wales are examined as is the relationship between the 'national' and 'territorial' arenas of policy-making in the months leading (...) up to publication of the Education Reform Bill in November 1987. It is argued that a pragmatic approach to policy development in Wales during that period laid the foundations both for a reworking of the 1988 curriculum framework during the 1990s and for potentially more radical change following the 2002 Education Act. (shrink)

The article considers the main directions ofUkraine's national policy concerning the reform of local self-government and the territorial organization of power. The paper examines the regional peculiarities ofDonetskarea. According to the authors, these essential qualities should be considered to ensure effective reformingUkraine's system of territorial organization of power and local governments.

This article argues for a transregional historical approach to explain the career of political secularism, i.e. the ideas and practices that inform the modern state’s relationship to and administration of religion, in the 20th century. More specifically, it asks in how far we can understand secularism in South and Southeast Asia between the end of the First World War and decolonisation after 1945 as a result of transregional patterns that evolved within and beyond these regions. The argument is based on (...) three brief case studies on Atatürk’s Turkey as a contested source of inspiration for state secularity and religious reform, regional women’s networks to foster secularism and social change in the 1930s, and secularism as a strategy of postcolonial state-building and territorial integration. Conceptually, the article suggests to use global intellectual history as a means to combine research on connectivity with historical comparison. (shrink)

It is a striking point that, in the general context of the municipal administration's reform, this administration itself is never brought into discredit. When criticisms are formulated, they concern the fact that not all municipalities are able to offer their inhabitants the services which they normally may expect, as well for their immediate human development as for the adapted extension of the material infrastructure and of their vital environment. This normally raises the question of the municipalities' administrative power.The (...) factors which determine that power can be considered in direct or indirect connection with the number of inhabitants.In the first place, the population has to be sufficiently differentiated to enable the conception of a development-policy that comes up to the requirements of the present society. One may assume that in municipalities with 2.000 inhabitants, which perform a centre-function or are located near a town-centre, the possibility exists to elect a properly composed common council. For rural municipalities the numberof inhabitants must undoubtedly be higher. Moreover, the municipality should have the disposal of specialised personnel to help the municipal authorities with the conception and practice of their policy. InBelgium a municipal secretary cannot do bis work properly if the municipality does not count 2.500 to 3.000 inhabitants.In the second place, administrative power is determined by available finances. Calculations have been made per category of municipalities, based on disposable data concerning 196.5 and 1966.As far as the extraordinary accounts are concerned, which essentially refer to investment expenses, it is relevant to note that the average figures per inhabitant are equally high in municipalities with less than1.000 and with 10.000 inhabitants. But, taking into account the cost of planned infrastructure-works, it is a fact that only from 10.000 inhabitants on a municipality has the disposal of sufficient finances to performa development-policy.The figures concerning ordinary accounts, which refer to operation- and administrative costs, show that a municipality with less than 1.000 inhabitants - although offering less services - has to spend more perinhabitant than a municipality with 5.000 to 10.000 inhabitants. lts fiscal charge is also higher than that of a municipality belonging to the latter category.The figures clearly show the disadvantage of smaller municipalities.In that context one should not forget that practically 63 to 70 % of ordinary expenses concern the actual operations and municipal debts. Seen in proportional relations, small municipalities have but little means to take care of policy-tasks.To be complete «municipality with administrative power» also means «municipality with a democratic function». As a matter of fact, administrative power is not exclusively determined by sufficient financialresources or by a minimum of differentiation of the inhabitants. Generally speaking one can assume in this context that the geographical size of the territory does not normally hamper the functioning of alocal democracy. More attention however should be given to the question if that functioning is not rather hindered by the number of inhabitants, when a certain population-maximum is exceeded. lt appearsindeed that local authorities have less appeal in urbanised municipalities or as soon as a population-number of 20.000 to 30.000 inhabitants is reached. For that reason, attempts should be made in bigger municipalities to stimulate the population's participation in policy-matters.Activities with a definitively technical character, need a wider approach. So it seems more advisable to work on the basis of regions, rather than on the basis of large municipalities.Taking into account the big number of small municipalities, one can state as a conclusion that the municipal elections miss a great part of their signification in the majority of Belgian municipalities. Practically two thirds of them have no possibility to perform an adapted policy.Changing the constitution of those who are responsible for that policy cannot give much of a result as there are no material means to realize a modern policy with administrative power. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

Building on recent literature on the history of political economy and Spanish imperial history, the article reconstructs the ideas that supported the colonial development of the meat industry in the Río de la Plata. Archival and printed sources are employed to illustrate the different arguments revolving around colonial economic development and imperial rule, in the words and practices of merchants, explorers, administrators and ministers. This way, it is possible to disclose the multiple imperial visions circulating in the Spanish Atlantic. The (...) analysis suggests that economic reformism was not only a European intellectual and political movement but was shared and appropriated by Spanish Americans. They employed arguments in political economy to foster their agenda, namely the economic improvement of their territory in the broader context of the Spanish commercial empire. If a shared consensus around imperial political economy between Spanish and Spanish American vassals provided arguments supporting this colonial industry, the diverging economic interests, imperial rivalries, and the different geographical spaces of enunciation determined a variable dialectic between projects for the expansion of salted meat production and their realisation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:President’s Council on BioethicsEdmund D. Pellegrino (bio) and F. Daniel Davis (bio)Approximately two weeks before what was to have been its final meeting, the White House dissolved the President’s Council on Bioethics by terminating the appointments of its 18 members. The letters of dismissal, dated 10 June 2009, informed the members that their service on the Council would end with the close of business the next day.The Council’s term (...) was set to expire on 30 September 2009. After President Obama’s election in November and during the transition, we were advised to proceed on the assumption that the Council would be permitted to cease on that date. Reasons for the abrupt move to disband the Council are unknown. We have accepted the fact that we Council members served at the pleasure of the President and that he simply exercised his rightful prerogative. No explanation is therefore required.Some observers have speculated that the action was retaliatory. They related to the fact that several members of the Council disagreed with the President’s stem cell policy in a signed statement published in the Hastings Center’s Bioethics Forum. Others have speculated that the move was pre-emptive. At its final meeting, scheduled for 25–26 June, the Council was set to sign-off on two of its final publications. One was a comprehensive report on the ethics of organ transplantation, and the other a white paper entitled Health Care and the Common Good. The aim was immediately to release the latter as a contribution to the intensifying debate about health care reform. Health Care and the Common Good could well have aided rather than impeded the President’s drive to better control health care costs and achieve universal coverage. The Council report attempted to ground both goals in the ethical framework of, as the title indicates, the common good of all Americans.In his letter terminating the members’ appointments, Assistant to the President for Presidential Personnel Don Gips said that the President “recognizes the values of having a commission of experts in bioethical issues to provide objective and non-ideological bioethics advice to his administration.” Gips went on to say that the President is “currently rethinking the purposes and goals of such a bioethics commission, and is carefully considering a revitalized mission and mandate.” And, [End Page 309] responding to media enquiries, White House press officer Reid Cherlin explained that the President’s Council was terminated because it was a “philosophically leaning advisory group” and, according to a New York Times account by Nicholas Wade, “because it favored discussion over developing a shared consensus.” As for the ultimate outcome of the President’s “rethinking,” Cherlin indicated that President Obama will appoint a new commission with the mandate of offering “practical policy options” in bioethics.In the light of our experiences with the Council, we leave it with hopes that certain questions of national importance will be addressed. In light of the nature of federal advisory commissions, what is or are the proper roles of a national bioethics commission? If the aim is to provide advice and counsel to the President or, perhaps to the U. S. Congress, is that advice best rendered as a group consensus or as an in-depth exploration of the inevitably conflicting ethical perspectives on a given issue? How should such a commission be constituted—with what sorts of individuals? And what is the nature of the expertise that they individually and collectively bring to the commission’s functions? If the commission is to promote public debate and discussion, how exactly should it go about that task? And how is the efficacy of a commission to be assessed? Such questions inevitably lead us deep into contested territory, as the experience of this Council has shown: into the intersections of politics, religion, and science and into the relations between practice and theory—between policy and what some seem to deride as “philosophy.” Indeed, policy without an underlying philosophy is an edifice without a foundation; philosophy without policy is a foundation without an edifice.At the last meeting of the Council in March 2009, we launched a discussion of these questions with the... (shrink)

The analysis of elite sport policy changes at the provincial level remains relatively uncharted territory despite the substantial contributions of provincial-level elite sport to national elite sport success. Data were gathered from semistructured face-to-face interviews and official and semiofficial documents. The key findings were that (1) Guangdong, as a provincial compatriot of Shanghai, has made tremendous efforts and obtained notable achievements in professional football and thus serves as a powerful stimulant for policy reform regarding elite sports in Shanghai; (2) (...) the policy stream has been strengthened by knowledge-based (epistemic) communities at the Shanghai University of Sports that can examine cause and effect relationships and further propose specific policies; and (3) the general director of the Shanghai Administration of Sports plays a central role in advocating for policy proposals. The current research offers practical insights into strategies for reviewing policy trajectories to enhance policy design and implementation. (shrink)

This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing within (...) Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge”. Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Conquest and English Legal Identity in Renaissance IrelandBrian LockeyLike the Spanish administrators of the American territories, English administrators of Ireland attempted to impose their own native legal system on the Irish inhabitants. Nonetheless, important differences existed between the two kingdoms' legal approaches to their respective colonial contexts. Because Spanish jurisprudence was allied with universalist Catholic doctrine and was officially based on Justinian's Corpus Iuris Civilis (the ancient Roman legal (...) code which had close affinities to natural law discourse), Spanish administrators expected New World inhabitants to accept what they considered to be the "universal values" that were inherent in Spanish law.1 In contrast English common law had its roots not in natural law but in the peculiar customs of the English people. Thus, while the Spanish were able to claim that they were replacing unnatural Indian customs with a legal system rooted in universal natural law, the English were attempting to reform what they considered to be the unnatural practices of the Irish by imposing a legal system defined by its insularity and its peculiar affinity with English institutions.2 In this essay I show that Renaissance ethnographies on Ireland by such English administrators of Ireland as Edmund Spenser, Sir John Davies, and Fynes Moryson are fractured by a conflict between a commitment to natural-law theory, which had its origin in continental writings, and a corresponding commitment to the native English tradition of common law. I examine how works by Spenser, Davies, and Moryson dealt with this conflict within their collective project of articulating a legal justification and strategy for the pacification of Ireland. [End Page 543]Despite reports throughout Europe of Spanish-perpetrated cruelty throughout the Americas, the idea that war or conquest could be just or even charitable when prosecuted against oppression originated within the Catholic tradition of scholastic just-war theory.3 Many of the sixteenth-century writers who were writing about war and conquest in legal or ethical terms were Spanish or continental theologians who had attempted to evaluate Spanish imperial policy in the New World. On the one side were such figures as the Scottish theologian John Major and Spanish historian Juan Ginés de Sepúlveda, both of whom had justified Spanish conquest and treatment of the Indians using arguments based on the foundation of natural law.4 On the other side were those who had, on similar terms, voiced criticisms of the cruelties which Spanish forces were inflicting on the Indians. Francisco de Vitoria and Bartolomé de las Casas were certainly the most notable Spanish writers who favored more ethical treatment of New World inhabitants.5 Other prominent defenders of Indian rights were Domingo de Soto and Melchor Cano.6 Whether directly or through intermediaries, the ideas of many of these writers permeated the ideological fabric of England.Sir Fulke Greville's famous statement about Sir Philip Sidney's goal of fostering alliances with New World inhabitants in order to overthrow the Spanish authorities included an awareness of the "inhuman cruelties" of the Spanish forces, an awareness that probably originated in the English translation of Las Casas's Brevissima relación de la destrucyión de las Indias (1552).7 Beyond [End Page 544] this significant text, however, there were others. One important book that captured the ideas of the early Spanish debates on the ethics and justice of the New World conquests was Antonio de Guevara's Relox de príncipes (1529), a work twice translated into English during the sixteenth century.8 The third book of the Relox de príncipes, which treats the princely virtues of justice, peace, and magnificence, contains several sections that together constitute a polemic against violent imperialism and unjust conquest. In one notable episode Guevara employs the example of ancient Roman imperialism to produce a veiled critique of the injustices which Spain had committed against New World polities. A "villain of Danuby" from a German province newly conquered by Rome makes a speech to the Roman senate in which he criticizes the injustice of his Roman oppressors. The German villain characterizes the conquest of Germany in the following terms: "For I let you know, if you do not know it, that when... (shrink)

The Kurdish-led autonomous entity called Autonomous Administration of North and East Syria - also known as Rojava - considers women?s liberation an imperative condition for shaping a democratic society. The practice of autonomy in NES shares strong resemblances with Non- Territorial Autonomy models; however, it introduces a novelty in the role of women as active agents in building a plurinational democracy. This paper examines the intellectual and political origins of the political role ascribed to women in autonomous administrations and (...) how the practice of autonomy in Rojava has advanced women?s rights by shedding light on both institutional implementation of women?s rights, as well as the creation of -territorial spaces of women?s emancipation within the autonomous model. The argument made is that the conceptual framework of the Rojava model goes beyond the Kurdish question and can be considered an attempt to resolve a democratic deficit of liberal democratic nation-states through bringing together solutions that address the intertwined subordination of minorities and women. nema. (shrink)

End period 30 - beginning. 40's of the twentieth century. in Transcarpathia it was extremely difficult. After the overthrow of the government of the independent Carpathian Ukraine by the Hungarian troops, a military administration was established in the territory of Transcarpathia. The Orthodox Church has been held hostage to international events and has become the epicenter of the struggle between Hungary and Yugoslavia. It should be noted that the religious situation in Transcarpathia during this period was tense. About 61.9% of (...) the population belonged to the Greek Catholic Church, 17.2% to the Orthodox Church, less believers were Jewish, Roman Catholic, Reformed, Evangelical and other churches. Among the Orthodox, since the 20's of the twentieth century. Two ecclesiastical jurisdictions dominated - the Serbian and Constantinople, whose representatives fought each other. The recognition and support of the Czech state before the Hungarian occupation had Serbian jurisdiction, which was represented by the vast majority of the clergy. (shrink)

In Belgium, the number of municipalities was reduced from 2,663 to 596 by means of amalgamation.In the sketching of the framework of this reform, attention is first of all given to the manner in which the consensus required for it could be obtained. At the same time, the criteria employed and the pragmaticapplication thereof are investigated.Then, the new municipal division is tested for the motives and objectives that lay at the foundation of this reform. The expectations involved were (...) in large measure, related to the effects that were seen as the inherent consequence of the expansion of the territoria! scale of the municipalities.Finally, this reform is tested with respect to other than territorial components of the municipal administrative power. The reform remains incomplete on several points. This appears, for example, from the continuing absence of functional reforms with regard to decentralisation and from the lack of attention for the adjustment of the municipal working rules both in the area of effective administration as wellt as in the area of open and democratie administration. (shrink)

Globalization and rapid information processes that are inherent in today's post-pandemic society, contributing to the reorganization of the authorities of many countries and their contacts with regions, local territorial units or civil society. Such changes, first of all, provide for delegation of authority at the level of regional and local authorities. However, many developing and today position their own society as post-modern, continue to be in a state of disunity of the branches of government, with a high level of (...) corruption and abuse of official position, improper distribution of resources, inappropriate tax system and incompetent provision of services by relevant authorities. This affects the relevance of studying foreign experience in building a rational, effective, balanced public administration system, the leading place in which in almost all developed countries is the decentralization of the state and, above all, the executive branch. The foreign experience of the successful implementation of decentralization reforms is investigated. The main characteristics inherent in the decentralization of power in European countries are given, including in the context of the existence of a pandemic. The features of decentralization of power in France, the UK, Germany and other countries are highlighted. It is substantiated that the experience of decentralization reforms in each country is unique and reflects the specifics of the development of a particular country, and therefore it is impractical to introduce foreign experience without taking into account the particular economic and political development of a particular country. (shrink)

...If, in some places, backward science determines the remaining period by the lack of optimism only by the number 123456789, then our progressive science expands it to 987654321, which is eight times more advanced than theirs. However, due to the inherent caution of scientists, both sides do not specify the measuring unit of reference — year, day, hour or minute are meant. Leonid Leonov. Collected Op. in ten volumes. Volume ten. M.: IHL, 1984, p.583. -/- The modern men being as (...) a rule is proceeding in three relatively autonomous, but immanently coexisting, and each penetrating dialectically through other, and each contesting even cruelly with other, and each more or less dominating on other, differently in various societies, worlds: the first one of the barbarity, the second one the culture, the third one the civilization... Barbarity is the mode of coexistence of autonomous human societies based on the unlimited will to act so as subject wants to do without any limitations of his activities... Culture is the mode of coexistence of autonomous human societies based on the most ancient testaments, customs, traditions etc of the highestly sacrified appearence... Civilisation is the mode of coexistence of autonomous human societies based on the reasoned or legitimated by social contracts, by profits, by expediency and so more constitutions, institutions etc... -/- Andrei Melnikov-Pechersky in his epic "In the Woods" says that there was a movement among the Old Believers in Russia, or a current that proclaimed Kostroma the new and, it seems, the only true Jerusalem, in an apocalyptic sense, of course, which in its spiritual scale was probably not inferior to the Bogomils, shakers, Mormons, or else and the whole Reformation in potential. In Western Europe, every more or less convex nuance of the history of a state or region (even if it is a small San Marino) is overgrown with almost a dozen institutions, not always state ones, by the way, in which almost every sneeze and step of very ambivalent historical subjects in a broad sense is studied. Especially in the young, but very pretentious America of the United States, which embodies all world justice. In our country, for example, even many leading humanitarian specialists do not realize the spiritual value of the Ipatievsky MONASTERY. The Russian writer Boris Shiryaev, who died quite a long time ago and in a very far abroad, devoted a special part of his documentary and artistic epic of wanderings "The Inextinguishable Lampada" to an entertaining and instructive, tragic fate of a kind of village monarchy in some Villages of the Kostroma province (I could not identify the area, and, frankly, I did not really try) in the early years The Soviet government. At the same time, all Russians learn about the French emperor Napoleon almost with their mother's milk how many percent of cyanide potassium was found in his hair, they reflect on Lermontov's "Airship" (probably, just not to "memorize" the imposed "Borodino" by heart). The events, of course, are incomparable, but the fact is significant. The outstanding national artist (if not to say a thinker of the Chesnyakov level) Grigory Pavlovich Kusochkin was glorified wherever, in whatever catalogues he was not included. Paris, London, New York, St. Petersburg, Moscow... To look at some smear of luminaries like Picasso or Modigliani, international tourist routes are organized in the restaurant toilet using the finest marketing technologies, and we did not even know Grigory Pavlovich by sight until, thank God, a series of TV shows on all Russian channels was dedicated to him in one gulp. Why is this happening? Is it a consequence of poverty or the result of the conscious policy of the ruling elite of the country and the world? The regions of the Kostroma Region are Austria, Switzerland, Bavaria, Armenia, Moldova, and Georgia... Georgia! I served in the army there. In this small but very great country, judging even by the appearance of its President Shevardnadze, although it is smaller than the Kostroma region, there are so many different, but Georgian-speaking peoples! Kakhetians, Meskhetians, Imereti, Iveretians, Mingrelians, Khevsurs... Adjarians (mostly Georgian-speaking Muslims) even have their own autonomy. And some peoples are not Georgian—speaking at all — South Ossetians, Abkhazians, Kurds, Armenians, Greeks, even Assyrians. In the Kostroma Region, and in any Russian "province" — not much less: there are plenty of the same Georgians or Armenians everywhere, quite moderate, loyal, and so on. Having, as a rule, their own officially registered associations within the framework of cultural autonomy. Well done! And Israel! He is the only one with all his "illegal" (and I am for the fact that every nation knows better where its ancestral lands are) territories half the size of the Kostroma region. The total number of Jews worldwide, according to the "Soviet Encyclopedic Dictionary" in 1987, is about 14 million. Meanwhile, the fate of Israel is being preoccupied (it is very instructive how he achieved this!) all the united nations of the world. In the Kostroma Region and its diaspora, it seems to everyone, and especially to its semi-migrant, Varangian leadership. I don't care if they build a public atomic bomb here in the form of a nuclear power plant or not. Because they do not know the value of this land, the greatness of its spirit. Kostroma is a holy land. I will immediately make a reservation that by Kostroma I mean not only the modern region, but the entire area that has ever historically been associated with Kostroma. The USSR is also a part of the great historical Russia. In this sense, even the entire era of the Russian Romanov Empire is the Kostroma region. Or: many toponymic objects of our native land are called mysteriously beautiful: Sharya, Shunga, Shekshema, Sholezhka, - we need to find out what kind of peoples — and where are they now? — we left such euphonious archetypal combinations, because these are our Kostromsky peoples, these are our Kostroma people. Or, say, the classic of American and world sociology Pitirim Alexandrovich Sorokin writes in his autobiographical scientific novel "The Long Way" that he studied at the Khrenovskaya (what a strong word!) teachers' seminary of Kostroma province, but in an administrative row for propaganda activities, gendarmes were taken by sledge to the prison of the city of Kineshma - is this not a fact for Kostroma, and primarily for him, local history, although Kineshma has long been attributed to the Ivanovo region, and Pitirim Alexandrovich is buried on the other side of the planet?! I have not the slightest doubt that Kostroma provided spiritual food, gave birth to and nurtured a huge intellectual diaspora with extremely valuable material on a national, global scale. And this is both in direct and indirect order, in the form of a chain reaction. Apparently, it is easy for an intelligent person to grow up in Kostroma, but it is impossible to live, and somewhere on the contrary. Therefore, it is not surprising that the geneticist academician D. K. Belyaev, who was born in the village of Protasov near Nerekhta, very close to Kostroma, glorified Moscow and Siberia with his discoveries and practical results, which immeasurably enriched the Soviet state treasury with foreign exchange income from the sale of the most valuable fur grown according to the biotechnology developed by him in a much shorter time than it usually turns out in nature. And in Kostroma, most likely, few people know who he is and what he is famous for. I will focus in more detail on one of the aspects of his great life. This happened back in the so-called pre-Perestroika times. In a series of his speeches, Dmitry Konstantinovich, based on the results of his and colleagues' research, emphasized, in his opinion, the determining role of the biological factor in shaping the content of human essence, of course, only in a philosophical, conceptual aspect. For some reason, this was opposed by a geneticist, as they say, persecuted at one time by the "senile" in selectionism (including human nature) by the Michurino-Lysenkoists, academician N. P. Dubinin, which personally remains incomprehensible to me until now. With a grateful curtsey to Academician Dubinin and his point of view, the famous French humanist, member of the Politburo of the French Communist Party Lucien Sav appeared on the pages of the Communist magazine. The material was clearly titled: "Problems are not only scientific, but also political." He very indecently attributed the views of academician Belyaev to "a reactionary ideology that tries to put genetics at its service, and more broadly, biology, in order to present all kinds of social inequalities of all kinds as inherent in nature itself"(1). I would like to see any ideology that does not try to "put this or that at its service," much less something worthwhile... A little later, the editorial of the Communist hit the "biologizers", and soon Dmitry Konstantinovich was gone. In short, it is only on the example of our fellow countrymen that you can write interesting, world-class essays on science and its history, but instead our scientists should fit their global potencies into a page and a half (good yet. if not entirely at their own expense), and then for at least three years to guess whether they will be published or not. Now it no longer surprises me how at one time, when, after reading the listener card I filled out, the sweetest girl from the IPKPON office at USU congratulated me for something. It turned out that the dean of the Faculty of Philosophy of USU, doctor, professor, Honored Scientist, and now academician Konstantin Niko-laevich Lyubutin is a countryman, Kostromsky, or rather Manturovsky by origin, as I write below in the notes — we are Kostromendors. To him, my fellow citizen in the most subtle micropatriotic dimensions, I owe a lot in my professional and social development, even in survival. Because that's how it often turns out: you can be born here, sometimes you can live here... It's very hard. Maybe the Kostroma origin of an outstanding Russian historian of philosophy, organizer of science and education, educator and friend of a galaxy of people devoted to the Motherland and the cause is not a great milestone in the history of the region, but name me at least a dozen Russian cities on the scale of Kostroma, from where such intellectual ones would come out into the world and light luminaries like ours. No matter who you take from the world significance of the pillars of national (and world, and foreign, - even the great Rabbi of Lubavitcher spent three years in exile in a Campfire, — I learned from some foreign voices) history, literature, culture in general, technology, science and so on - you will always find someone, which is very directly related to Kostroma. Pushkin, Lermontov, Gorky. Alexander Nikolaevich Ostrovsky, Pisarev, Uspensky, Katenin, Florensky, Savrasov, Kustodiev, Dyagilev, Mikhalkov, Alexander Alexandrovich Zinoviev; writers, artists, entrepreneurs, revolutionaries, inventors, politicians... In some world-famous for its classic Russian provincialism, Kologriv has been storing, figuratively speaking, unique sketches, if not of Leo-Nardo da Vinci himself, then certainly of his school, almost since the seventeenth century. And not only that. Nevertheless, the well-known Chukhloma to the Fatherland, in addition to thinkers of the rank of Rozanov and Zinoviev (where should domestic philosophers mature and not be born, if not in Chukhloma, Manturov or Khrenknowswhere?), gave an actor of amazing, national, originality — Mikhail Pugovkin, who can not be confused with anyone, a role that no one will repeat. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which spans hundreds of (...) years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Working on the Clinton Administration's Health Care Reform Task ForceNancy Neveloff Dubler (bio)This narrative is based on my understanding of the elements of the Health Security Act that may have ethical implications. I have reconstructed these elements from my experience on the Health Care Reform Task Force and they are part of the health care plan that the President presented to Congress. (At the time this article (...) went to press, the actual legislation, which should answer my remaining specific questions more clearly, had not yet been released.) I perceive the most important features of the plan to be:• The legislation will create a "right" to health care for all citizens—access to care will be universal;• The plan will involve some form of managed competition in which groups of providers (called Approved or Accredited Health Plans (AHPs)) will offer comparable benefit packages at slightly (or widely) different costs;• The AHPs will negotiate with the Health Alliance (HA) to determine the price that they will charge their consumer-patients;• There will be open enrollment with no barriers to coverage, such as exclusions for pre-existing conditions;• Community rating will be in effect in different localities and enrolled persons in any AHP will pay the same premium;• The coverage for any enrolled person will be portable;• The overall structure will be a cooperative federal/state enterprise in which the states will have quite extensive abilities to fashion variations of the basic plan to meet their particular needs;• Primary care will be encouraged and incentives for physicians to train in primary care specialties provided;• Non-physician providers will be central to the functioning of the health care plans;• Efforts will be made to develop a "person power" pool so that people with an abstract "right" to health care will have real access to providers, in their localities, who can fulfill the promise that the right creates; [End Page 421]• The goal of cost containment will be central to the organization and regulation of the system;• Administrative simplicity and quality protections will be central.Co-chairing the Bioethics Working Group (BWG) of the White House Task Force on Health Care Reform was a unique experience. Approximately 40 Task Force working groups were established by Hillary Rodham Clinton, the President, and the senior Task Force staff. Various members of the President's office and other knowledgeable members of the Executive Branch selected the participants. In our group, appointments were made largely on the recommendations of the co-chairs. The BWG, among the last of the groups formed, carried the official name "The Working Group on the Ethical Foundations of the New System" and was jointly led by me and Marion Gray Secundy, a Professor of Bioethics at Howard University. The fact that the leadership of the Task Force saw fit to establish such a group, thereby confirming that bioethics is a player in the arena of health care policy, was in itself significant and was made no less so by the lack of clarity regarding the group's aims and goals.The working groups of the Task Force were organized into clusters, determined by the relatedness of the somewhat distinct, but always overlapping, content of their investigations. Separate clusters and working groups, for example, looked at mental health, long term care, and the benefit package and coverage for low-income and non-working families. On this last issue there was also a working group that explored health policy initiatives for underserved populations. This multiple focus on related issues proved to be an excellent method for ensuring that the complexity of these topics was sufficiently explored. There was a published schedule for when these groups met together, and members of other groups who had similar or overlapping concerns were invited to attend and to participate.Every week or so, all of the working groups reported to the Task Force leadership, under the direction of Ira Magaziner, in a process called a "tollgate." Prior to the tollgate, the working groups were required to submit formal written analyses of the problems they had most recently been considering. Copies of these documents were placed in a special room so that those who were interested could review... (shrink)

(1993). The Theory Movement in Educational Administration and the Administrative Reform of New Zealand Education: Are There Any Parallels to Be Drawn? Educational Philosophy and Theory: Vol. 25, No. 2, pp. 21-30.

본 논문에서는 중국의 근대화 속에서 지식인들이 ‘근대’라는 자기정체성을 찾아가는 시대정신을 모색해보고자 한다. 그들의 세계관에서 근대화는 중국이 서양의 존재를 타자로 받아들이면서 자신을 주체로 새롭게 인식하는 과정이다. 그들은 기존의 전통적 사상과 서구의 사상 사이에 공존하는 괴리감을 어떻게 해소할 것인가 하는 현실적 문제를 고민하였다. 그들은 서구의 사회진화론을 수용하면서 부국강병과 민족생존과 같은 시대적 절박감과 역사적 사명감에 직면하였던 한편, 자유와 평등의 이념 하에서 반봉건주의적 진보성, 교화주의적 계몽성, 반제국주의적 애국심 등을 기치로 내걸으며 變法自强운동, 戊戌政變등을 추진하였다. 특히 강유위는 道義만을 명분으로 하는 봉건제도의 불합리성과 전통적 사고의 질곡을 비판하며 (...) 이른바 大同의 세계 혹은 太平의 경지를 지향하였다. 그의 大同三世論은 升平世의 단계에 있던 중국의 상황에서 사회진화론과 같은 필연적인 역사적 과정에서 이해될 수 있다. 여기에는 전통의 重建과 근대의 轉換의 이중적인 과제가 있다. 전통의 重建이 민족주의의 함양과 관련된다면 근대의 轉換은 국가주의의 고양과 관련된다. 지식인들은 天下의 大同사회의 공동체적 차원에서 민족생존의 민족주의와 국민의식의 국가주의를 추구하였다. 그들은 문명화된 세계에 중국을 끊임없이 새롭게 투사하면서 구국적 애국심과 주체적 민권의식을 발판으로 하여 근대적 국가의 조감도를 그려내고자 하였다. 이러한 근대적 사고는 經世致用의 기조 속에 大同의 민족주의와 文明의 보편주의에 관한 담론을 낳았으며 더 나아가 구미의 열강들과 어깨를 나란히 하려는 中華主義의 극단적 민족주의로 치닫게 하였다. (shrink)

The article explores the problems of the legal status of the regulatory authorities in the energy sector of Ukraine in the context of the administrative reform currently taking place in the Ukraine and the fulfillment of the EU requirements in this sphere. Based on the analysis of the EU legislation, in particular Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and (...) Directive 2009/73/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, and the experience of Ukraine in the field of energy regulation, the author of this article supports granting the special legal status to the national regulatory authorities in the energy sector of Ukraine and their separation from the system of state executive bodies, however, recommends to stipulate in the Constitution of Ukraine the provisions, regarding the organizational legal form and the establishment procedure of such bodies, the appointment and dismissal procedure for their management and members, the peculiarities of the relations of these bodies with the President of Ukraine, the Parliament of Ukraine and the Government of Ukraine. (shrink)

Normative political theorists have been growing more and more aware of the many difficult questions raised by the discretionary power inevitably left to public administrators. This article aims to advance a novel normative principle, called ‘principle of restraint’, regulating reform of established administrative agencies. I argue that the ability of public administrators to exercise their power in accordance with the requirements of public reason is protected by an attitude of restraint on the part of potential reformers. Specifically, they (...) should refrain from any reform of an administrative agency that involves a switch to a considerably more loosely interconnected system of values underlying the work of that agency. To illustrate the importance of the principle of restraint, I examine a case from British health policy, showing that a recent reform of the National Institute for Health and Care Excellence well exemplifies the serious problems brought by any violation of that principle. (shrink)

This essay explains how to use the calculus of consent framework to think more rigorously about self-governance, and applies this framework to the issue of evaluating federal regulatory agencies. Robust political economy is the idea that institutions should be designed to work well even under weak assumptions about decision-makers’ knowledge and benevolence. I show how the calculus of consent can be used to analyze both incentives and knowledge problems. The calculus is simultaneously a theory of self-governance and a tool for (...) robust political economy analysis. Applying this framework to the case of public administration leads to the conclusion that private goods (such as medicine) tend to be over-regulated, public goods tend to be under-regulated (such as enabling too much pollution), and regulatory agencies tend to be over-centralized (and should in most cases either be replaced with certification markets or moved to state level). (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores (...) the potential of legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

This chapter offers a brief contextualization of the key terms space, territory, and geography. It examines some of Foucault's most well‐known and overt engagements with geography including the heterotopia and spatial partitioning. The chapter explores how Foucault went beyond these concepts to more richly worked geographical analyses in three areas: health, discipline, and governmentality. One of Foucault's most well‐known discussions is the treatment he gives to the panopticon in Discipline and Punish, the architectural principle associated with the English social reformer (...) Jeremy Bentham in the late eighteenth century. Foucault's “spatial combat” is not the hidden key to his work, but rather an aspect that he turned to throughout his life as a tool of analysis in order to think through power/knowledge. (shrink)

In an effort to address the problems confronting the American education system, the Obama administration has issued structural and systematic reforms such as _Race to the Top_. These initiatives introduce new statistics and accountability systems to gauge what constitutes "good" teaching, both from an administrative standpoint and the perspective of teacher training programs. This volume offers a direct critique of this approach, concluding that it does not respond adequately to the issues of education reform but rather raises new (...) problems and actively stymies progress. The author argues that at the heart of the confusion lies a misguided and rationalistic view of teaching and learning. He draws on the philosophical strategies of Ludwig Wittgenstein to break down the guiding assumptions of _Race to the Top_, allowing both the positive and the negative aspects of the policies to be heard. The author then proposes a different view of teaching and learning which considers how to effectively address the problems _Race to the Top_ seeks to confront. (shrink)

Health reform must include health care rationing, both for reasons of fairness and efficiency. Few politicians are willing to accept this claim, including the Clinton Administration. Brown and others have argued that enormous waste and inefficiency must be wrung out of our health care system before morally problematic cost constraining options, such as rationing, can be justifiably adopted. However, I argue that most of the policies and practices that would diminish waste and inefficiency include implicit (and therefore morally problematic) (...) rationing. Critics of rationing see as its most morally and psychologically troubling feature that an identified individual is denied potentially beneficial care. That psychic anguish may not be eliminable, and perhaps ought not be eliminated. But if rationing protocols are fairly adopted through a process of free and informed rational democratic deliberation to which all have access, the moral objections are largely overcome. Such a process is possible only if implicit rationing is recognized and rejected. Keywords: Justice, health care rationing, health reform, democratic decision-making CiteULike Connotea Del.icio.us What's this? (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores (...) the potential of legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

What constitutes better schooling for today's youth? In 1984 educational theorist Theodore R. Sizer formulated nine Common Principles to answer this question and launched The Coalition of Essential Schools, an organization of schools attempting to change their own structure, curriculum, pedagogy, and power relations according to Sizer's Principles. This important book, the first comprehensive look at Coalition schools, charts the course of reform at eight charter member schools. The Coalition now counts over 900 private, parochial, public, urban, suburban, and (...) rural secondary schools among its affiliates nationwide. Donna E. Muncey and Patrick J. McQuillan, experts in anthropology as well as education, conducted a five-year ethnographic study to understand what happened in Coalition schools. The authors looked at curricular and pedagogical developments; how changes affected individual students, teachers, administrators, and other school personnel; and how American cultural beliefs influenced efforts to change. The schools' reform experiences differed: some efforts were sustained when others stalled, change divided some faculties while others found a sense of shared purpose, and the principals of some schools facilitated change while others clearly inhibited it. This compelling book, written for all who are concerned with education in America, offers a wealth of insights into the complexities of change efforts in individual schools and in classrooms. (shrink)

The emergence of ‘civilized monarchies’, reformed European territorial states that had turned commercial, created major challenges to the old trade republics of Venice and the United Provinces. Would they perish and cease to exist, which seemed a logical corollary to the recent history of their decline, or might they be reconstituted and integrated into a new interstate system? Rather than to approach this question from the perspective of the history of political thought, which offers a range of rival outlooks (...) on this issue, the present article treats the issue more from the inside and thus connects theories about decline to their concrete manifestations and experiences; from the spheres of diplomatic tensions over unpaid debts, publishing networks and the oscillation of consular and maritime law reform between Venice and the Dutch Republic. (shrink)

SummaryThe College of New Jersey (which later became Princeton University) provides an example of how Scottish philosophy influenced American higher education in an institutional context during the late eighteenth and nineteenth centuries. This article compares the administrations of John Witherspoon (served from 1768 to 1794), Samuel Stanhope Smith (served from 1795 to 1812) and James McCosh (served from 1868 to 1888) at Princeton and examines their use of Scottish philosophy in restructuring the curriculum and reforming its institutional purpose. While presiding (...) over Princeton during its most significant transitional moments, these philosophers of the Scottish School of Common Sense instituted different versions of moral education. Meanwhile, Witherspoon's legacy of balancing the interests of Evangelicalism and Scottish philosophy as Princeton's driving purpose influenced the creation and reception of nineteenth-century programmes of moral education. The broader question this article addresses is: how did the interconnecting points among Scottish philosophy, Calvinism and moral education inform notions of didactic Enlightenment at Princeton across a century? (shrink)

This book illuminates contemporary educational reform discussions regarding teacher education programs and pre-K-12 schools by providing a clear analysis and application of John Dewey's relevant educational writings and ideas. The volume addresses issues of how future teachers should be liberally educated as well as prepared to be professional educators. Pre-K-12 education is evaluated through a Deweyan lens, involving a discussion of such topics as the teacher's responsibilities, charter schools, a common curriculum, professional development schools, new curricula, school administration, and (...) cooperative learning. In the concluding chapter, the authors point out many of the questions and concerns that those who are interested in educational reform are well-advised to ask and discuss. (shrink)

This biography, the first of Richard Spencer Childs, begins in the Progressive Era when Childs initiated and pursued two fertile ideas: the short ballot doctrine and the council-manager plan. Childs understood that the simplification of the task of the voter was a question pressing for solution and that the council-manager plan would transform municipal government. This comprehensive work discusses other aspects of Childs' broad reform agenda. His proposals included: county government reform; reform in state government administration; unicameral (...) state legislatures; reapportionment of state legislatures; selection of judges by appointment; replacement of elective county coroners with appointed professional medical examiners; democratization of state political parties; and reform of the Presidential nominating system. Based on Childs' papers and personal interviews with Childs, this biography advances scholarship on the Progressive Era and contributes to the historiographical debate on the nature of reform. (shrink)

The work project analyzes the evolution of administrative reforms and concepts of sustainability and solidarity in the management and administration of public collective demands and proposes a model that integrates strategic planning, management, use of information and communication tools (ITC's), and active citizenship, as an ideal model to manage and manage current and future collective demands. Through the bibliographic review of the main authors, a thorough study was made about the evolution of human behavior in the management and administration (...) of their collective demands, relating it to the concepts of sustainability and solidarity. What is the ideal management and public administration model for the State to be self-sustaining at the local, regional, and national levels? A model that manages and, through the active participation of taxpayers/citizens, their collective demands utilizing in an integrated and decentralized way, available tools of planning, management, information and communication, active citizenship, as observed in some countries and the international experiences of participatory budgeting and development of production chains integrated business. The research methodology developed was descriptive through documentary research. The study will have an essentially qualitative character. (shrink)

Interim measures are procedural means that allow persons or States to have their rights preserved when a case is pending. Application of these measures especially in environmental cases is very important. In many of these cases (e.g. cases dealing with territorial planning, IPPC permits, environmental impact assessment, etc.) the claims deal with the protection of environment or its components (water, air, soil, etc.) as well as with the protection of public interest. Legal regulation of application of interim measures provided (...) by Lithuanian Law on Administrative Proceedings is not optimal. That is why the first part of the article is dedicated to the analysis of the possibilities and problems of application of interim measures in the administrative proceedings in Lithuania, paying special attention to environmental cases. The second part of the article reflects the findings of a workshop of the Association of European Administrative Judges on „Interim relief in environmental matters” held in Vilnius on 22 September 2011. It briefly describes various national rules on interim relief procedures, especially in the German and the French legislation, with an assessment from the German point of view. This part of the article focuses on provisional legal protection where a permit is challenged by a third party whose rights are allegedly afflicted. In such a constellation the rights of the plaintiff compete with the rights of the operator. The article concludes that, when deciding on the necessity of interim measures, it is vital to ensure the balance of interests: both by ensuring effective access to justice and by protecting the respondent and the third party (in environmental cases - usually the operator) from the violation of their rights and the damage caused by the abuse of the right to request interim measures. In such cases short time limits for procedural steps both of the parties and the court are not advisable and a prima facie prognosis on the outcome in the main proceedings meets the interests of the parties. (shrink)