Nationalism and family ideology: The case of Lithuania at the turn of the 20th century

At the turn of the 20th century, many European countries paid increasing attention to the family as a social institution. The interest itself was closely related to the rise of nationalism in Europe, and consequently, the family was supposed to serve its goals. Similar to German, Italian or French nationalists, Lithuanian-speaking intelligentsia were aware of the importance of the family in developing a strong nation. Nevertheless, unlike Westerners, the Lithuanian nationalists did not connect the family ideology with pronatalistic discourse. Lithuanian family ideology was not focused on procreation as its main goal. Only a nationally conscious wife and children raised in the Lithuanian spirit were considered to be the most solid base for a strong nation.     

Laws of Inclusion and Exclusion: Nomos,Nationalism and the Other

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein.

     

The Sovereign German States and the Code Napoléon. What Spoke for its Adoption in the Rhine Confederation?

In the principality of Hesse-Nassau and the other states of the Rhine Confederation (1806–1814) the sovereign princes were eventually to comply with Napoleon's wishes and adopt the Code Napoléon (CN). The subject treated here is how this adoption came about.French law was more modern than contemporary German law. Napoleon wanted the CN to be adopted in all the states where French troops were stationed. The sovereigns of the states of the Rhine Confederation (1806–1814) asked their lawyers to assemble at the Congress of Giessen for the purpose of creating a common version of the CN for their respective states. This involved solving various problems.It was the liberals in South Germany, not the conservatives and the nationalists in Prussia, who accepted the CN as a modern, liberal and sophisticated body of law. But for the liberals, too, there was a critical point: the definition of who was subject to the law in the CN. This was no longer the individual owner of property, but the citizen of a sovereign state who was a member of his nation. This definition was unacceptable to Germans because, under the German conditions of the period, their membership of a nation and their citizenship of a sovereign state differed.People did not have their estates in just one of the little post-Empire states, but in several. (But only in one state were they given the status of being subject to the common law.) Herr von Almendingen, an important lawyer of the period, suggested a European nationality!     

The sins of the father: The destruction of the Republican family in Franco's Spain

The postwar years in Spain were little more than the perpetuation of the Civil War on an ideological terrain, as the Franco Regime consistently vilified the memory of the Second Republic and remorselessly persecuted the defeated Republicans. In fact, nationalist diatribes against communism and its attendant ills of separatism and laicism were invariably expounded in medical terminology, referring as they did to the “cancer” and “virus” which had devastated the nation during the Civil War. This empirically unverifiable theory sustained that a large scale extermination (the Civil War) had to be carried out to rid Spain of this “virus” thus preempt the contagion of this fervently Catholic and patriotic nation. Horkheimer affirms that the family is the microcosm of the fascist state, as the relationship between siblings and parents replicates the obedience of the citizen to the fascist state. As Republican traits were at antipodes to the prescribed national attributes, the Francoist State sought to destroy the Republican family by a myriad of measures such as the inculcation of a zealous National Catholicism in their children, which in turn precipitated both selfhatred and the children's outright rejection of their parents. However, the social persecution of the defeated transcended indoctrination: in the postwar years, the horrendousness of life for the Republicans was compounded by the State's quasi reconversion policy, which resulted in Republican children being forcibly removed from their homes, and been adopted by pro-Francoist families, or in many cases, rehoused by religious orders which, within a decade, witnessed a huge increase in the number of supposed orphans becoming seminarists. In this article, I intend to elaborate on both the means by which the Francoist State eradicated the Republican family, and its long-term consequences.     

Population genetics of Y-chromosome STRs in a population sample of the Lithuanian minority residing in the northeastern Poland

Haplotype and allele frequencies for the 12 Y-STRs were determined in a population sample of 124 unrelated males--members of the Lithuanian minority residing in the northeastern Poland. Three of the haplotypes were encountered in duplicate, while 118 haplotypes were unique. The overall gene diversity was 0.9952. Analysis of molecular variance revealed that the Lithuanian minority can be distinguished from the autochthonous Poles, although these two populations are very close to each other. This database study provides an essential precondition for applying Y-chromosomal STRs estimates in forensic identification of male DNA and tracing of paternal lineages.     

The sins of the father: The destruction of the Republican family in Franco's Spain

The postwar years in Spain were little more than the perpetuation of the Civil War on an ideological terrain, as the Franco Regime consistently vilified the memory of the Second Republic and remorselessly persecuted the defeated Republicans. In fact, nationalist diatribes against communism and its attendant ills of separatism and laicism were invariably expounded in medical terminology, referring as they did to the “cancer” and “virus” which had devastated the nation during the Civil War. This empirically unverifiable theory sustained that a large scale extermination (the Civil War) had to be carried out to rid Spain of this “virus” thus preempt the contagion of this fervently Catholic and patriotic nation. Horkheimer affirms that the family is the microcosm of the fascist state, as the relationship between siblings and parents replicates the obedience of the citizen to the fascist state. As Republican traits were at antipodes to the prescribed national attributes, the Francoist State sought to destroy the Republican family by a myriad of measures such as the inculcation of a zealous National Catholicism in their children, which in turn precipitated both selfhatred and the children's outright rejection of their parents. However, the social persecution of the defeated transcended indoctrination: in the postwar years, the horrendousness of life for the Republicans was compounded by the State's quasi reconversion policy, which resulted in Republican children being forcibly removed from their homes, and been adopted by pro-Francoist families, or in many cases, rehoused by religious orders which, within a decade, witnessed a huge increase in the number of supposed orphans becoming seminarists. In this article, I intend to elaborate on both the means by which the Francoist State eradicated the Republican family, and its long-term consequences.     

Motives and legacies behind 2008-2009 Hungarian Roma murders and apologies

This research analyzes as hate crimes the 2008–9 Hungarian Roma mass-murders by extreme nationalists. Pertinent questions are: ‘What motivated the Roma Murders?’ and ‘How do these motives intertwine with cultural-historical legacies to affect both the murders and later official apologies?’ In examining motives, the essay shows how cultural myths of an ill-fated nation and collective memory of real historic tragedies made Hungarians receptive to an extreme nationalist ideology that transforms a national vision of tragic fate into a vision of a victorious future (Volksgeist). How Hungarian cultural-historical heritage assigns vulnerability and disability to the Roma is explored, and why assigning the same vulnerability to victims when Hungarians apologize for their complicity in the Roma murders cannot restore social justice. The essay adds to previous research the identification of common dynamics in both the hate crimes and later apologies, demanding that a very specific apology addressed to the Roma–as equal citizens–should follow two apologies that position the Roma as less than equal Hungarians.     

EMPLOYING MEDIATION TO APPROACH TRUANTS

Truants have been dealt with by state and school officials with heedlessness, suspension, expulsion, and placement under the power of the courts. One problem faced in decreasing truancy is its lack of a common definition. Statistics show high rates of truancy with kids who subsequently drop out of school and there is a strong correlation between drop-out and unemployment, welfare, low salary, and imprisonment. The juvenile justice system does not reach the root of the truant's individual problems or adequately attempt to solve or assist the child and family in its goal to develop constructive and autonomous individuals.
Mediation is an alternative to a punishment-oriented approach to truancy. Mediation is a process in which a neutral third party helps participants reach their own agreement for resolving a dispute. Mediation is adaptable to the many different causes of truancy and can provide multiple benefits to truants and their families. The Ohio Commission On Dispute Resolution & Conflict Management has the most accomplished and consistently progressing truancy mediation program in the nation.
Critics of mediation have scrutinized the process for not placing enough emphasis on mediation's major elements, such as premediation instruction, exploitation of the informality of the process, and a lack of funding, which may render mediation weak and inefficient. Maintaining and emphasizing particular elements will benefit jurisdictions in their utilization of the process.     

论国家荣誉制度的宪法基础

国家荣誉是国家元首以国家名义授予的荣誉，在一国荣誉体系中具有最高权威性。国家元首授予是国家荣誉制度的宪法基础，但是国家荣誉制度的具体安排视各国宪法体制规定。我国在国家荣誉授予上已有一定的历史经验，在国家荣誉制度立法中要注意几个问题：增加国家荣誉种类，完善国家荣誉体系；扩大国家荣誉的适用范围，限制地方性荣誉的授予；理清国家荣誉授予标准，扩大国家荣誉授予对象；完善国家荣誉推荐、审查、授予、剥夺、恢复、处罚等程序。所以，国家勋章法应改为国家勋章奖章法，统一规范勋章和奖章的授予行为，暂不规定国家荣誉称号，而行政奖励法则规范行政机关授予荣誉及物质奖励行为。     

Cyber Law Terminology as a New Lexical Field in Legal Discourse

The cyber domain is one of the newest and most rapidly evolving fields of knowledge which has led to the development of a new area of law—cyber law, that regulates the use of the Internet and activities performed over the Internet and other networks. The cyber domain is particularly dynamic: new concepts are constantly developed and need new terminological designations, which in turn need new counterparts in other languages. Formation of these designations and their counterparts often raises terminological issues that are important to deal with in order to develop a coherent system of the cyber domain terms. The given paper focuses on the terminology that includes the lexical item cyber which may be considered as the main signifier of the cyber domain indicating its specific nature. The aim of the paper is threefold: to analyse the origin and development of the lexical item cyber, to investigate conceptual categories of the EU legislation terminology that includes the lexical item cyber and to establish the Lithuanian counterparts that are used for translation of the lexical item cyber in the Lithuanian equivalents of the English terms. For the purposes of the study, the ad hoc English and Lithuanian corpora of the EU legislative documents were compiled. Corpus-driven methodology was used to extract and investigate the terminology used in the corpora. The results of the research are believed to provide useful information to learners and teachers of the legal language and legal translation, as well as drafters of legislative and administrative documents and other professionals engaged in cybersecurity matters.

     

Allele distribution of 15 STR loci in a population sample of the Lithuanian minority residing in the Northeastern Poland

Allele frequencies for the 15 STRs included in the AmpFlSTR Identifiler kit were determined in a population sample of 140 unrelated individuals of the Lithuanian minority residing in the Northeastern Poland. Departure from the Hardy-Weinberg equilibrium for loci VWA, TPOX and D7S820 did not sustain after applying Bonferroni correction for multiple testing. Exact tests disequilibrium analysis revealed five departures from independence out of 105 pair-wise comparisons. The combined MP and PE for all 15 loci are 5.00 x 10(-17) and 0.9999, respectively.     

通往宪政国家的路径选择——从欧洲的哲学构建到北美的理性实践

在经历中世纪宗教束缚,以及文艺复兴、宗教改革的观念冲击后,17—18世纪欧洲思想家从哲学上建构了现代国家理论,摆脱了自然理性和宗教理性对国家观念的支配,开启了人类理性占主导地位的现代国家理论的建构。英国经“光荣革命”从传统封建王朝变革为现代立宪国家后,北美大陆通过独立战争向世界宣称“美利坚合众国”正式成立。一群既具长远政治眼光、又有强烈现实主义倾向的政治家,探索出一条建构现代宪政国家的政治道路。     

Equality and Constitutional Indeterminacy An Interpretative Perspective on the European Economic Constitution

It is claimed that European supranationalism represents an unprecedented mode of political association whose point is to maintain what is good about nationality and the nation state by stripping the latter of its adverse effects. In this article, this claim is submitted to a test by examining how different ways of conceiving of anti‐discrimination in the context of intra‐Community trading law give rise to two different conceptions of the European economic constitution. While the first one is married to the ideal of behavioural anti‐discrimination–that is, of affording protection against discriminatory acts by Member States–whose application would seemingly leave the nation state in its place, the other one takes a system of nation states as something that in and of itself engenders systematically discriminatory effects on international trade. According to the latter, effective anti‐discrimination presupposes overcoming such a system altogether. Both conceptions of the economic constitution are manifest in Community law, and at first glance it appears as if adherence to the first one would be consonant with supranationality as a special mode of political association. However, owing to internal predicaments arising from the application of the equality principle (understood as a principle protecting against discrimination), the difference between both conceptions cannot be upheld in practice. Since the first conception is constantly undermined by the second in the course of its application, it remains uncertain, at least in this context, whether or not the European nation state is left in place by the European Economic Constitution.     

论价值取向的建构功能

由人的社会历史主体地位和价值取向的特点决定，人的价值取向具有建构功能，它既是人的自我建构又是人的社会建构，是人的自我建构与社会建构的统一。人的价值取向的合理化，不只是对民族、国家、社会的责任，也是对自己的一种自我关怀。     

Y-chromosomal STR haplotypes in a Gypsy population from Portugal

We analyzed 17 Y-chromosomal STR loci in a population sample of 126 unrelated Portuguese Gypsies. Fifty three different haplotypes were found, three represented with considerable high frequencies (≥8.7%). The percentage of unique haplotypes (71.2%) was rather low as well as haplotype diversity (94.37%). In the comparison with available Portuguese population data and with those from other Gypsy and general population samples from Bulgaria, Lithuania and Spain, our sample showed significant differences in comparison with the general population data from Portugal, Spain and Bulgaria. Significant differences were observed with Bulgarian Gypsies, but not with the Spanish or Lithuanian groups. The Gypsy populations from Portugal, Spain and Bulgaria were found to be more closely related to each other than with the general population from their own countries.     

再论"法律至上"

中共十六大政治报告中,再次把依法治国,建立社会主义法治国家作为中国共产党人在新的历史时期治国的基本方针加以确认。依法治国的理念已深入人心。而要确立依法治国的治国理念,就必须树立起法律至上的观念,它是实现现代法治的观念基础,也是评价现代民主政治国家的基本准则。对于法律至上观念的理解,不仅要从法律自身来理解,而且要从社会关系的层次上,从人们的理性选择等角度进行深层次的考虑。正试图从现代法治的理性选择的角度论证这一问题。     

习近平法治思想:新时代伟大社会革命的理论产物

习近平法治思想的创立,是马克思主义法治思想中国化进程的第三次历史性飞跃。在中华民族迎来了从站起来、富起来到强起来的伟大飞跃的历史进程中,习近平法治思想应运而生。面对着新时代具有许多新的历史特点的伟大斗争,习近平法治思想深刻回答了在中国这样一个超大型的东方大国为什么实行全面依法治国、怎样实行全面依法治国这一重大时代课题,为新时代伟大社会革命中的全面依法治国、建设法治中国、推进国家治理现代化提供了科学指南。     

从家族到市民社会——以中西方家族、市民社会与国家的关系对比为视角

本文通过对古代中国的家族和西方的市民社会与国家的关系的对比分析,认为,中国要拥有属于自己的私法体系,就必须抓住建设社会主义市场经济体制的历史性机遇,形成一个强大的自治团体,培育我们的市民社会,以更好地保护公民的权利和利益。     

论国有企业与国家豁免原则

国家豁免是国际法中一个古老的问题 ,但随着国家政府经济职能的扩展及国家在涉外贸易中地位的不断增强 ,国家豁免原则被赋予新的内容 ,其理论与实践也显现出分歧与新的发展动向。联合国国际法委员会自 1978年开始着手起草《国家及其财产管辖豁免公约》 ,历经二十余年取得不少阶段性成果 ,但目前仍存在若干悬而未决的问题。其中 ,国有企业与国家豁免原则的关系一直是各国普遍关注与争议的焦点问题 ,也是我国代表最关心的问题之一。本文就与此相关的三大基本问题结合我国实际进行分析评述 ,以期对我国在该领域的理论探索与实践应对有所裨益     

Perceived Distributive Fairness of EU Transfer Payments, Outcome Favorability, Identity, and EU-Tax Compliance

In a representative UK study (N = 1000) the link between distributive fairness perceptions, outcome favorability, identity, and tax compliance was researched in the context of European transfer payments. Results showed that both forms of tax compliance (i.e., individual and collective EU-tax compliance) were influenced by perceived distributive fairness judgments of EU transfer payments. Fairness itself was related to perceived outcome favorability (i.e., whether their own nation benefits from the EU in financial as well as socio-political terms). Additionally, national identifiers (i.e., people identifying with their own nation, but not with Europe) perceived EU membership as unbeneficial in financial as well as in socio-political terms and thus considered the transfer payments as less fair. Dual identifiers (i.e., people identifying with their own nation and with Europe) perceived the socio-political outcomes from EU membership as more beneficial and thus evaluated the transfer payments as fairer.