Neutrality,autonomy, and power

This paper critically examines Alan Patten’s theory of neutrality of treatment. It argues that the theory assumes an inadequate conception of personal autonomy, which undermines its plausibility. However, I suggest that the theory can resolve the problem by developing and reinterpreting its conception of autonomy and introducing an additional strategy for addressing the power imbalances that result from the market-based interactions between individuals and their conceptions of the good.     

Localized Islam(s): interpreting agents,competing narratives,and experiences of faith

This special issue investigates contemporary transformations of Islam in the post-Communist Balkans. We put forward the concept of localized Islam as an analytical lens that aptly captures the input of various interpreting agents, competing narratives, and choices of faith. By adopting an agent-based approach that is sensitive to relevant actors’ choices and the contexts where they operate, we explore how various groups negotiate and ultimately localize the grand Islamic tradition, depending on where they are situated along the hierarchy of power. Specifically, we outline three sets of actors and narratives related to revival of Islamic faith: (1) political elites, mainstream intellectuals, and religious hierarchies often unite in safeguarding a nation-centric understanding of religion, (2) foreign networks and missionaries make use of open channels of communication to propagate their specific interpretations and agendas, and (3) lay believers tend to choose among different offers and rally around the living dimension of religious practice. Contributions in this issue bring ample evidence of multiple actors’ strategies, related perspectives, and contingent choices of being a Muslim. Case studies include political debates on mosque construction in Athens; political narratives that underpin the construction of the museum of the father of Ataturk in Western Macedonia; politicians’ and imams’ competing interpretations of the Syrian war in Kosovo, Macedonia, and Albania; the emergence of practice communities that perform Muslim identity in Bulgaria; the particular codes of sharia dating in post-war Sarajevo; and veneration of saints among Muslim Roma in different urban areas in the Balkans.     

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.

     

Territoriality and Citizenship: Membership and Sub-State Polities in Post-Yugoslav Space

This article deals with the issue of sub-state citizenship in the post-Yugoslav countries and focuses on the emergence and definitions of membership. The article analyses conceptions of nationhood and territorial compositions of the states, proceeds with the analysis of sub-state entities' governance arrangements and compares conceptions of nationhood and membership in state-wide and sub-state polities. The article identifies four broad categories of sub-state polities and two diverging tendencies in the definition of membership. At one end of the spectrum, there are cases in which membership in regional polities is based on territorial, multi-ethnic and civic principles. At the other end, membership is defined in ethno-national terms.     

The last Byzantines: perceptions of identity,culture, and heritage in Serbia

Focusing on material culture, this article considers a range of issues concerning the cultural policies, ideologies, and identities that have underlain Serbian development since the Middle Ages, and tests some widely held yet previously uncontested views. In particular it questions the Serbs' perceived affiliation with the Byzantine Empire and challenges the view that this affiliation was so pervasive that it influenced Serbian development and national formation in the modern age. It is argued that Byzantium had little if any role in the Serbs' cultural development – neither in historical memories nor in surviving traditions. Serbia's Byzantine culture is largely a myth developed in the 1930s by the Serbian clergy as a corollary of the Russian-inspired Svetosavlje ideology. This myth was meant to dislocate Serbia's cultural identity from its secular European sources and reposition it closer to Orthodox Russia.     

Policies and practices of fertility control under the state socialism

The socialist state run modernization produced low fertility throughout Eastern Europe. Fertility rates started falling soon after the end of the Second World War quickly reaching below replacement levels in many areas. This article examines the state responses to the falling fertility as well as birth control practices that individuals relied on in order to maintain small families. After outlining some common features of population policies under the state socialism, the article focuses on family planning policies in Yugoslavia. It is argued that liberal population policy and uninterrupted liberal abortion legislation in Yugoslavia, resulted, among other reasons, from the communist leadership's commitment to national and gender equality, respectively. It is further argued that gender hierarchy within the marriage and family remained almost untouched by the socialist project of women's emancipation and that these hierarchical gender relations shaped birth control practices in specific ways.     

Are There Universal Collective Rights?

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists.     

Dealing with the communist past: Its role in the disintegration of the Czech Civic Forum and in the emergence of the Civic Democratic Party

The end of the communist regime in Czechoslovakia in 1989 has opened the thorny question of how to deal with the communist legacy. This paper focuses on important aspects of decommunization at the beginning of the 1990s and analyzes the role they played in the disintegration of the Civic Forum and in the emergence of the Civic Democratic Party. The paper shows that the decommunization agenda gradually became a significant divisive factor within the Civic Forum and served as one of the key issues through which the Civic Democratic Party defined itself. It also provided an opportunity for politicians skilled enough to grasp this issue to do so and to incorporate it into their wider political agendas.