En expliquant comment les forces de l’ordre se dotent d’uniformes spécifiques au cours du xixe siècle, il s’agit de comprendre la signification de cet objet. Au-delà de l’utilité pratique du costume, qui peut faire débat, policiers et gendarmes affichent une prestance militaire qui renforce leur prestige. Mais ils montrent aussi qu’ils travaillent en toute transparence, en assumant leurs actes et en se plaçant au service du public. Ils prouvent enfin leur valeur en engageant des dépenses vestimentaires qui deviennent un gage (...) de respectabilité. S’il constitue un enjeu symbolique fort, l’uniforme évolue dans le sens d’une plus grande simplicité fonctionnelle au cours du xixe siècle, s’adaptant dans une certaine mesure à la mode masculine. (shrink)

À la fin du xixe siècle, l’armée française se présente comme la grande école censée transmettre aux conscrits les valeurs du « modèle militaro-viril ». Mais les soldats ont-ils toujours retenu cette « leçon de virilité »? Poser la question revient à s’interroger sur les réceptions différenciées de ce modèle en s’inspirant de quelques principes méthodologiques posés par les gender studies. Car avant d’être une représentation valorisée de masculinité, le modèle militaro-viril est une catégorie de genre dont l’usage s’inscrit dans (...) un rapport de force, qu’il s’agisse de justifier l’obéissance militaire, la domination masculine, raciale ou sociale. Ce modèle ne peut donc être considéré comme une représentation uniforme transmise à l’ensemble du contingent mais bien comme le produit toujours singulier d’une relation de pouvoir visant à naturaliser certains effets de domination et à susciter un désir d’identification. (shrink)

Researchers often lack the necessary data to credibly estimate racial discrimination in policing. In particular, police administrative records lack information on civilians police observe but do not investigate. In this article, we show that if police racially discriminate when choosing whom to investigate, analyses using administrative records to estimate racial discrimination in police behavior are statistically biased, and many quantities of interest are unidentified—even among investigated individuals—absent strong and untestable assumptions. Using principal stratification in a causal mediation framework, we derive (...) the exact form of the statistical bias that results from traditional estimation. We develop a bias-correction procedure and nonparametric sharp bounds for race effects, replicate published findings, and show the traditional estimator can severely underestimate levels of racially biased policing or mask discrimination entirely. We conclude by outlining a general and feasible design for future studies that is robust to this inferential snare. (shrink)

Name der Zeitschrift: Klio Jahrgang: 98 Heft: 2 Seiten: 758-762.

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities of police as (...) the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

Au cours du xixe siècle, porter l’uniforme est devenu un élément constitutif de l’identité militaire, particulièrement en France où le service militaire s’est progressivement universalisé à la veille de la Première Guerre mondiale. Objet matériel doté de fonctions symboliques, l’uniforme introduit l’historien au cœur du fonctionnement d’un milieu social qui est alors l’un des laboratoires de la masculinité. Décrit, critiqué, modifié par les médecins militaires soucieux de fonctionnalité et de bien-être, il donne à voir un corps qui demeure cependant largement (...) façonné, redressé par une armature de tissu dissimulant une réalité beaucoup moins idéale. Son port est le fruit d’un long apprentissage qui agrège le jeune soldat à la communauté masculine qui l’entoure. Offert au regard d’autrui, à celui des femmes tout particulièrement, il construit une identité masculine en quête de reconnaissance et se trouve situé, par conséquent, au cœur des processus de construction de la différence sexuée. (shrink)

This paper explores recent vigilance attending pedophilia in the UK context. It examines governmental and popular responses to the perceived threat posed by child sex offenders, exhibited respectively in provisions for sex offender orders within the Crime and Disorder Act 1998, and in press and public campaigns for the “naming and shaming” of paedophiles. These two responses cohabit in current contexts of concern about childhood as innocence and vulnerability, and are worked out against the figure of the paedophile as a (...) “dangerous individual”; nevertheless, they invoke different visions of political community. Developing Foucault's observation that contemporary political rationalities combine two distinct models of political community, that of the juridically constituted polity and that of the society rendered calculable and organized through normalizing models of risk, the paper argues that both of these models are evident in governmental and popular responses to paedophilia. However, where the former, a technical and administrative response to a problem of social order, aims to achieve public safety through the professional prediction and management of risk, the latter is premised on the elimination of danger,demanding the public outing of paedophiles and their exorcism from the community. While these responses contest whether danger can be turned into risk through professional management, they are mutually enhancing in fostering governmental and popular concern with public and community safety. (shrink)

This book provides an antidote to the ungrounded, anecdotal components that define the contemporary conversation regarding policies of standardized dress in American K-12 districts and schools. The contributing authors draw upon years of educational teaching and administrative experience and research directed at objectively and empirically understanding the issue of school uniform policies at two focal levels of schooling: elementary and middle.

Foreword - The Honorable Gerald E. Ragan -- Introduction -- Code of Ethics [adopted by the International Association of Chiefs of Police] -- Ch. 1 Code of ethics -- Ch. 2 Practicality versus the code of ethics -- Ch. 3 Gratuities -- Ch. 4 Police solicitations -- Ch. 6 Personal matters -- Ch. 7 The jaded policeman -- Ch. 8 The administration of discipline -- Ch. 9 Where are we going? -- Epilogue -- Index.

Police training plays a crucial role in the development of police officers. Because the training of police officers combines various educational components and is governed by organizational guidelines, police training is a complex, multifaceted topic. The current study investigates training at six European law enforcement agencies and aims to identify strengths and challenges of current training organization and practice. We interviewed a total of 16 police instructors and seven police coordinators with conceptual training tasks. A thematic analysis was conducted and (...) results organized in the two main themes evident across all six law enforcement agencies: organization of training and delivery of training. Results show that governmental structures and police executive boards are seen as the primary authorities that define the training framework in which police instructors operate. These administrative structures regulate distant and immediate resources, such as available training time, training facilities, equipment, and personnel. Within the confines of available resources and predetermined training frameworks, results indicate that police instructors thoroughly enjoy teaching, creating supportive and motivating learning environments, and applying their personal learning perspectives to training. Nonetheless, police instructors are critical of the level of training they are able to achieve with the available resources. (shrink)

How can we enhance police integrity? The authors surveyed over 3000 police officers from 30 U.S. police departments on how they would respond to typical scenarios where integrity is challenged. They studied three police agencies which scored highly on the integrity scale: Charlotte-Mecklenburg, North Carolina; Charleston, South Carolina; and St. Petersburg, Florida. The authors conclude that enhancing police integrity goes well beyond culling out "bad apple" police officers. Police administrators should focus on four aspects: organizational rulemaking; detecting, investigating and disciplining (...) rule violations; circumscribing the informal "code of silence" that prohibits police from reporting the misconduct of their colleagues; and understanding the influence of public expectations and agency history. (shrink)

Policing in South Africa reached notoriety for its extensive history of oppressive law enforcement. In 1994, as the country's apartheid system was replaced with a democratic order, the new government faced the significant challenge of transforming the South African police force into a democratic police agency-the South African Police Service (SAPS)-that would provide unbiased policing to all the country's people. More than two decades since the initiation of the reforms, it appears that the SAPS has rapidly developed a reputation as (...) a police agency beset by integrity challenges. This book offers a unique perspective by providing in-depth analyses of police integrity in South Africa. It is a case study that systematically and empirically explores the contours of police integrity in a young democracy. Using the organizational theory of police integrity, the book analyses the complex set of historical, legal, political, social, and economic circumstances shaping police integrity. A discussion of the theoretical framework is accompanied by the results of a nationwide survey of nearly 900 SAPS officers, probing their familiarity with official rules, expectations of discipline within the SAPS, and their willingness to report misconduct. The book also examines the influence of the respondents' race, gender, and supervisory status on police integrity. Written in a clear and direct style, this book will appeal to students and scholars of criminology, policing, sociology, political science, as well as to police administrators interested in expanding their knowledge about and enhancing police integrity. (shrink)

In the mid-19 th century, increases in global migration and mobility produced a discernable rise in the number of ambiguous absences. This shift, combined with a novel expectation, linked to improved communications technology, that such absences might be resolved engendered the emergence of missing persons as a social category. A demand on the part of families of the missing that the state aid in their location would produce a Bourdieusian classification struggle over how to define and categorize this new mass (...) of absences. At issue would be whether an ambiguously absent individual was merely absent, as a routine component of social life, or whether the individual merited legitimation by the state as a new form of deviant: a "missing" person. Scholars have described the emerging administrative state’s enhanced powers of surveillance and classification and its persistent inclination to render their populations, in James Scott’s phrase, “legible.” Brought to the attention of the state, missing persons represented a body of people who had conspicuously fallen out of official sight. Yet, instead of attempting to fix this omission by gathering additional information on the lost — to, in effect, see the missing — as theories of the state would lead us to expect, the state chose to look away. In the United States, the state, in the form of municipal police departments, resisted classifying absences as cases of missingness and pushed back against families’ requests for aid. Leveraging the inherently ambiguous characteristics of the missing, the state promoted a definition of missing persons that conveniently freed it from the burden of managing an unmanageable population. In this article, drawing from archival data, I challenge prevailing theories of the modern state that emphasize its avidly classificatory nature by offering a case in which legibility was strategically withheld and a population was, in service of state interests, intentionally obscured. Only after the state lost its symbolic monopoly and the category was raced and gendered, becoming, in public discourse, associated with a socially valuable demographic – namely, young, white women – would the state, facing a threat to its legitimacy, deem the missing as worthy of being seen. (shrink)

It's too easy to say of Mai '68 that the police are incurious while protesters are curious, that administrators are incurious and students are curious. A more honest assessment of these moments, striated as they are with social tensions, would identify at least two modes of inquiry and two sets of questions vying for dominance: the one located on the side of the status quo, the other on the side of change. In what follows, I provide historico-theoretical resources to justify (...) that assessment. I first review Michel Foucault and Jacques Ranciere's theories of the police, identifying the incipient role of curiosity in their accounts both of resistance and of power and the police. I then turn to the Prisons Information Group (GIP), where I trace the clear clash between state curiosity as implemented by police and resistant curiosity as practiced by GIP activists. Finally, in light of this clash, I explore implications for interpreting Mai '68 and Black Lives Matter as instances of curiosities at war. (shrink)

Transnationals operate in what may be called the margins of morality because the historical, cultural, and governmental mores of the world''s nation-states are not uniform. There is a gray area of ethical judgment where the standards of the transnational''s home country differ substantially from those of the host country. Following the argument of institutional theory in providing stability and meaning to social behavior, in matters of moral conduct the transnational is likely to yield to at least four policing authorities: itself, (...) in terms of the integrity of its management and by decision-making that follows its own code of ethics, other corporations within its competitive set, governmental agencies including those of the host country, and public exposure, which includes the media as well as non-governmental agencies such as offshore watchdog groups. The fourth mechanism, public exposure, is thought to be the most effective in policing transnational conduct. (shrink)

This article examines discursive strategies used by police and politicians to describe and justify the application of penalty notices to minor criminal offences. Critical discourse analysis is used as an analytical tool to show how neoliberal economic thinking has informed the prism through which infringement notices have been rationalised as a legitimate alternative to traditional criminal prosecution, while also highlighting the contradictions inherent in neoliberalism as an ideology through which to view the embrace of legally hybrid powers in the criminal (...) justice system. Discursive strategies identified in the article include the use of ideological keywords ordinarily associated with free market economics and managerial efficiency; the adoption of militaristic vocabulary and metaphors in representations of policing and space; the strategies of assimilation and formulation to represent police views as uniform and coherent; and the use of nominalisations to legitimise the lack of procedural safeguards attached to infringement notices. The logic of—and the language ordinarily associated with—the domain of private business, the ‘free market’, and deregulation has infiltrated the criminal justice sphere. In addition, the naturalisation of neoliberal economic discourse in political and police representations of infringement notices produces and sustains important ideological effects, by disguising the ways in which the expanded use of administrative sanctions in public order policing intensifies state power at the expense of due process of law. (shrink)

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and (...) frisk practices, and the administration of street justice. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...) the record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

Au cours du xixe siècle, porter l’uniforme est devenu un élément constitutif de l’identité militaire, particulièrement en France où le service militaire s’est progressivement universalisé à la veille de la Première Guerre mondiale. Objet matériel doté de fonctions symboliques, l’uniforme introduit l’historien au cœur du fonctionnement d’un milieu social qui est alors l’un des laboratoires de la masculinité. Décrit, critiqué, modifié par les médecins militaires soucieux de fonctionnalité et de bien-être, il donne à voir un corps qui demeure cependant largement (...) façonné, redressé par une armature de tissu dissimulant une réalité beaucoup moins idéale. Son port est le fruit d’un long apprentissage qui agrège le jeune soldat à la communauté masculine qui l’entoure. Offert au regard d’autrui, à celui des femmes tout particulièrement, il construit une identité masculine en quête de reconnaissance et se trouve situé, par conséquent, au cœur des processus de construction de la différence sexuée. (shrink)

Après avoir rappelé quelques éléments de l’histoire de la police et décrit ses fonctions administratives et judiciaires, l’auteur souligne les évolutions de nos modes de vie, de l’insécurité, et leurs réponses institutionnelles massivement répressives, punitives et onéreuses qui ont prévalu jusqu’à présent. Le sentiment d’insécurité est à la croisée de l’insécurité réelle et de l’insécurité subjective liée à des facteurs autres, tels l’effritement des liens sociaux, la précarité du travail ou l’aménagement urbain. Face à ces bouleversements, la police doit négocier (...) avec les populations mais aussi avec les contraintes institutionnelles et les réformes successives des organisations. Dans le même temps, elle subit un virage technologique important autour des numéros d’appels centralisés et du recours aux véhicules d’intervention. Ces réformes éloignent la police de la population et des lieux sensibles où les patrouilles à pied marquaient la présence de la force publique. La police communautaire ou la police de proximité tentent de remédier au problème. On attend d’elles polyvalence, responsabilité et résultats. Généralisée, présentée comme le remède à tous les maux, cette mise en œuvre fait pourtant face à de multiples difficultés techniques, comme au sein des partenariats locaux, et à des résistances internes. Désarçonnée, la police a besoin d’une vision politique qui lui permette de situer sa mission et ses fonctions dans une société complexe en perpétuel mouvement. (shrink)

There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article deals (...) with the concepts of the European administrative law. It is stated that the comprehensive image of the European administrative law reveals three European administrative law concepts. The first concept of the European administrative law characterizes it as the European Union (hereinafter – EU) administrative law, the validity of boundaries of which can be based on three aspects – functional, institutional and procedural. The second concept of the European administrative law identifies it as the law of administrative cooperation., whereas the third concept allows the European administrative law to be seen as the law common to various public administrations of European countries – ius commune. The article focuses on the analysis of the above-mentioned three approaches and the EU set of administrative procedures as an instrument to promote the development of the EU administrative law. The author comes to the conclusion that the concept of the ‘European Administrative Law’ is broader than the concept of the ‘EU Administrative Law’. The European administrative law can be perceived not only as a part of law that establishes the EU administration’s administrative legal status, its’ activity principles, forms and methods, but also as a law of administrative cooperation between states, governmental and non-governmental organizations and various corporations, based on a wide range of multilateral treaties or conventions, which cross the limits of the EU. Moreover, the European administrative law can be understood as a law with common concepts, general principles characteristic to different European countries’ public administrations as well as a science, with the help of which diverse administrative legal systems of various countries could be compared. Taking into account the content of various working documents, the author draws the conclusion that for the further development of the EU administrative law the establishment of uniform operating rules for the EU administration in its’ relations with the society is of exceptional importance. There are a number of important reasons to develop the Law on administrative procedure of the EU. First, it is generally recognized that the EU needs common binding legislation that sets out clear operating rules of the EU administration in its’ relations with legal and natural persons, and that would increase the transparency of the EU administration and its’ accessibility to citizens. Second, the drafting of the law on administrative procedure of the EU lies in the legal framework as well; the importance of the article 298 of the Treaty of the Functioning of the European Union, the articles 41 and 42 of the Charter of Fundamental Rights of the EU as well as “soft” law (i.e. codes of good administrative behavior) are obvious here. (shrink)

In the late eighteenth century a series of English authors wrote on the subject of “police.” Their aim in these works was generally to advocate structural reform of the existing institutions of civil government, particularly focused around the introduction of regularity, uniformity and subordination into their operation. These disciplinary mechanisms would act as instruments for the production of virtue, encouraging industriousness and preventing vice by reducing the temptations of the commercial, urban environment and beginning a moral reformation in the people. (...) This represents an institutional solution to the ancient problems of vice and corruption, establishing the conditions for national liberty. (shrink)

James Tully's Strange Multiplicity uses the example of indigenous minorities in the white settler colonies of North America to develop a remarkably powerful critique of liberal constitutionalism's rule of uniformity. In proclaiming the identity of all persons before the law, he insists, liberal constitutional arrangements commonly discriminate against indigenous and other minorities. While the force of this critique is undeniable, it nevertheless takes at face value one of the central claims of liberal consitutionalism, namely, its claim to be based on (...) the rule of uniformity. Examination of liberal reflections on the government of subject peoples, most of whom were regarded as being, in Mill's words, “not sufficiently advanced for representative government“, suggests a rather different picture. In place of the rule of uniformity we find a variety of alternatives but, most commonly, an insistence, first, that the government of such peoples should focus on their welfare and eventual improvement rather than on their liberty and, second, that they should be governed as far as possible through their own institutions and structures of authority. The result was a highly differentiated form of rule in which what were believed to be indigenous arrangements were adapted to the joint requirements of improvement and administrative convenience. Thus, what seems to be a powerful commitment to individual liberty on the part of liberal political reason should be seen as simply one element in a broader liberal perspective on the government of populations. At least as important in this perspective as the rule of uniformity is the presumption that some cultures are more advanced than others and a corresponding view of many cultural differences in historical and developmental terms. (shrink)

The institutional model as delineated by classical Public Administration has limited utility for public administration in the developing countries. There are unlikely to be any uniform structural remedies foradministrative defects in those countries. Similar relationships do not have similar consequences in different contexts. An increased awareness along these lines led to the emergence of Development Administration- an effort to relate structures to goals - and Comparative Public Administration - analysis of administrative structures in their own societal (...) contexts. The basic argument of the present articles is that despite our increased sophistication on these matters the relevance in Development Administration cannot be obtained if one relies only on theoretical knowledge. It is noted that in Development Administration thinking must descend from the heights of systematic theory to the open country of praxis. (shrink)

The aim of this article is to determine how can new interpretations of old institutes change the status of the taxpayers and tax administrators and to suggest what can the Ministry of Finance do to solve the problem – it can try setting a uniform interpretation of tax institutes. It deals with two findings of the Constitutional Court of the Czech Republic concerning two institutes described in Tax Administration Act: time-limits for tax assessment and tax inspection; and one finding (...) of the Highest Administrative Court concerning local taxes. Court interpretation is only one of several possibilities of interpretation. Continental system of law differs from the Anglo-American system and we should search for information in the acts, and court practice should be used only alternatively. (shrink)

Ross Swope focuses on seven building blocks of integrity to help police departments and other law enforcement organizations strengthen their ethical culture, thereby restoring an environment of trust, confidence, and cooperation with the public. To illustrate the importance and impact of his approach, he weaves in stories from his forty-three-year career in law enforcement, ranging from his early years as a uniformed patrolman to his final role as a chief of police.

This study links Cressey’s established fraud triangle theory to a recently developed academic fraud risk triangle as a platform for identifying the determinants of academic fraud risk factors. The study then evaluates the magnitude and extent to which students are willing to confront the realities of academic fraud and move towards a culture of academic integrity. Most of the studies pertaining to combating academic fraud have primarily been the opinions of the researchers, namely, the faculty. Although students may not be (...) expected to police the fight against academic fraud, their opinions as to what would work and what would not, have not been sufficiently examined, and this study contributes to filling that void. We explore the agreement among students and groups of students concerning specific deterrent strategies. We find two types of strategies, student action and faculty/administration action . Results from 740 students surveyed found that the most widely supported strategies are stronger penalties, parental notification, an anonymous tip line, and administering a uniform policy. The least supported strategies were academic honor code, no strategy at all, requiring an ethics course, and leaving individual instructors to determine penalties. Further, full time, domestic, undergraduate, and male students favor student action strategies, which are more reactionary and less punitive. (shrink)

How do states build a security apparatus after violent resistance against state rule? This article argues that in early periods of state building two main factors shape the process: the macro-strategic goals of the state and administrative challenges of personnel management. These dynamics are studied in the context of the establishment of police forces in the settler colony of German Southwest Africa, present-day Namibia. The empirical analysis relies on information about the location of police stations and a near full census (...) of police forces, compiled from the German Federal Archives. A mismatch is found between the allocation of police presence and the allocation of police personnel. The first was driven by the strategic value of locations in terms of extractive potential, political importance, and the presence of critical infrastructure, whereas the allocation of individual officers was likely affected by adverse selection, which led to the assignment of low-quality recruits to strategically important locations. (shrink)

Fiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur when the benefits (...) of the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior. (shrink)

While living a life based on universal principles is well accepted by many, the reality of living acts as a great detriment to those who want to centre their lives on these timeless truths. Further, institutional mechanisms and work environments do not conform in general to such principle-centred living. The agents of the state, especially those in the police, have to work under tremendous obstacles and pressures from within and without, and often get a bad reputation, sometimes undeservingly. Moreover their (...) value systems may also degrade in these environments, a direction that requires to be altered by the ‘guardians of the law’. It is important to bring about alignment of values and ethical perceptions of state administrators with some universal laws. The Buddhist practice of vipassana mediation can play a significant role in such transformations, as is evident from the responses from Delhi Police personnel who underwent vipassana in one of their training programmes. Vipassana has made significant differences in the lives and perceptions of these trainees—both at the professional and personal level. This paper introduces these concepts and cites evidences from the feedback sheets of trainees to recommend worldwide adoption of such practices for those who occupy seats of power and responsibility. The feedback shows positive and very encouraging trends in all dimensions—work related, humanitarian, family and self—in other words, in professional, personal and deep inner lives. (shrink)

Immigration law is exceptional enough to deserve an administrative law focus of its own. The Administrative Procedure Act (APA) does not demand uniformity in adjudication. Therefore, it may be counterintuitive to argue that any one area of administrative adjudication is exceptional. Removal adjudication is indeed exceptional because it is an extremely dysfunctional system, it operates in a double void of fewer constitutional protections and without the protections of the APA, it relies on a vast network of civil detention, and it (...) is of a different genre than the type of regulation that drove the development of the APA. The exceptionality of removal adjudication demands a review of administrative law doctrine with this exceptionality in mind. (shrink)

Kao i sva živa bića, čovjek je djelomično genetski predodređen, tj. određen i prije nego što se u potpunosti razvije kao ljudsko biće. Ali ono što čovjeka bitno razlikuje od svih nam poznatih živih bića, jest upravo to što je, u odnosu na njih, njegova predodređenost bitno manje u-rođena, a znatno više pri-rođena. A to znači da su ljudi u odnosu na druge žive vrste manje predodređeni na genskoj, a više na memskoj, upravo kulturnoj razini. Kulturni, a to znači povijesno (...) oduhovljeni okoliš u koji se djeca rađaju i koji zatiču pri-rođenju bitan je čimbenik njihova daljnjeg razvitka. Stoga se čovjek i ne rađa kao čovjek, nego kao dijete koje čovjekom tek mora postati. Za razliku, naime, od bićâ koja već pri rođenju imaju sve bitne odlike svoje vrste i koja se stoga mogu razvijati i uzgojem, tj. poticanjem na rast i pridizanjem onoga što im je biološki već dano, djeci je za ljudski razvitak potreban odgoj koji će ih tek uvesti u određenu kulturu kao njihov duhovni – i samo takav istinski ljudski – zavičaj. Čitavo čovjekovo biće, dakle i ono tjelesno, raste u duhu određene kulture i izrasta iz njega. Kako i koliko kultura određuje čovjeka – predmet je ove rasprave.As all other living beings, man is partially genetically predisposed, that is, determined even before it completely develops as a human being. However, the thing that differentiates man from all other known living beings is the fact that, compared to them, his predisposition is significantly less natured, and significantly more nurtured. This means that humans compared to other living species are less determined on a genetic, and more on a memetic, cultural level. Cultural, meaning a historically spiritualized environment, children are born into and find with birth, is an important factor of their further development. Thus, humans are not born as humans, but as children that have yet to become human. Namely, unlike the beings that have all the important characteristics of their species at birth, which are thus able to develop through breeding, that is, through encouragement of growth and nurturing of what is biologically given, for human development children need raising that will only introduce them into a specific culture as their spiritual – and truly human – environment. The entire human being, including the physical, grows up in a spirit of a specific culture and springs from it. How and how much culture determines man is the topic of this discussion. (shrink)

Budući da je, za razliku od manipulacije, moguć samo kao su-djelovanje u slobodi, odgoj se zbiva tamo i jedino se tamo može zbivati gdje se poštuje i razvija osobnost onih koji u odgoju sudjeluju, tj. koji međusobno odgojno djeluju. To upravo znači da je odgoj djelovanje utemeljeno u poštivanju drugog kao drukčijeg, samosvojnog, autonomnog, slobodnog bića. To nadalje znači da je odgoj u bîti uvijek odgoj za pluralizam vrijednosti, pretpostavki, vjerovanja, mišljenja, odnosno načine života koje ljudi razvijaju kao svoje i (...) u kojima se očituje njihova osobnost. Ali kao su-djelovanje u slobodi to poštovanje mora biti uzajamno.Odgajati dakle znači razvijati drugoga kao drukčijega, koji drži do svoje osobnosti, ali koji isto tako drži i do osobnosti drugih ljudi. I to ne samo zato što misli da pravo na vlastitu osobnost mora platiti pravom drugima da budu drukčiji, nego zato što je svijestan da je osobnost u bîti moguća tek s različitošću ljudi koji se u svojoj različitosti ipak međusobno uvažavaju i komuniciraju otvarajući kroz tu komunikaciju, baš svojom posebnošću, drugima nove mogućnosti osobnog razvoja. Drugim riječima, odgoj se zbiva tamo i tada gdje se zbiva drugi i drukčiji čovjek kojem je drugi i drukčiji čovjek najveća potreba, te sam biva čovjekom pomažući drugome da to bude.Since education, unlike manipulation, is possible only as a co-action in freedom, it occurs, andcan occur only at the point where educational co-actors’ personalities are being respected and developed. That implies that the education is an actionfounded in respecting the Other as different, autonomous and free human being. Furthermore,that figures that the education is essentially always an education for pluralism of values, presuppositions,beliefs, thoughts, ways of life that people develop as their very own and through which theymanifest their personalities. But, as the co-action in freedom, that respect has to be mutual.Therefore, educating means developing the Other as different, as one that respects his own personality,but also respects Others’ personalities. And not only because one considers that as a way ofpaying for the right to his own personality by means of Others’ rights to be different, but because ofbeing conscious that the personality is essentially possible only among different people who developmutual respect exactly through their differences. Through that kind of communication, particularlyby their singularity, they render new possibilities of personal development to Others. In other words,education takes place only there and then where other and different human beings occur, and assuch have the greatest need for different Others, being themselves the human beings by helpingOthers to be ones. (shrink)

Every year at its symposiums, the Croatian philosophical society proves that it wants to and can be in step with current happenings in the world and social needs which open up questions that ask for quick and well thought out an -swers. Such was foremost the symposium during the annual assembly of the Croatian Philosophical Society in 2000 under the titlePhilosophy and Educa-tion. There was also the international symposium held during the 13th Days of Frane Petriæ in Cres, September 20–22, (...) 2004 – under the title Philosophy and Education in Contemporary Society. The focal point of philosophical elabo -rations at the symposiums was one of the hot topics of the contemporary world: education. (shrink)

Osim intuitivnih spoznaja kojima svijest neposredno zna sebe kao postojeće, sve su ostale spoznaje višestruko posredovane. A da bi uopće bile moguće, moraju biti zasnovane na vjerovanju iz kojega jedino mogu proizići čak i najskromnije spoznajne pretpostavke. No iako je snažna vjera ili bar kakvo-takvo vjerovanje u valjanost pretpostavki nužno ishodište svake umske spoznaje, ipak je tek sumnja ta po kojoj se iz tih pretpostavki može doprijeti do znanja. Jer vjera koja nije otvorena za sumnju i provjeru, spoznajno je jalova. (...) Štoviše ona je istinogubna.Stoga upravo sumnja čini mišljenje kritičkim, a filozofiju kao filo-sofiju razgraničava od arogantnog dogmatizma, zdravorazumske ograničenosti i ideološke lažnosti.Pa ako umska spoznaja bez vjere ili bar vjerovanja nije moguća, vjera koja ne uvažava ili čak negira umsku spoznaju nedostojna je življenja.Except for intuitive cognitions by which consciousness is immediately aware of itself as existing, all other cognitions are mediated in multiple ways. To make this possible in the first place they need to be based on the belief from which even the most modest hypotheses can stem. Although firm faith or at least some kind of similar belief in the validity of the hypotheses is the necessary origin of every mental-rational cognition, doubt is the only thing that can lead to knowledge from those hypotheses. Faith which is not open to doubt and verification is cognitively futile. Furthermore, it is truth-evasive.Bearing that in mind doubt is that what makes thinking critical and draws the boundary between philosophy as philo-sophia and arrogant dogmatism, pure-sense limitation and ideological falseness.So if mental-rational cognition without faith or at least belief is not possible, the faith which does not respect or which even negates mental-rational cognition is unworthy of living. (shrink)