The state and civil society in transition: the role of non-governmental organizations in South Korea

This paper presents a framework of the interdependence of various sectors of society and then investigates the development and current status of the civil society sector, specifically the growth of NGOs in South Korea. Recent years have witnessed an increase in public awareness where civil societies have begun challenging states in addressing public issues. The directive state intervention following the Korean War disallowed for a strong civil society, thus restraining the development of significant non-state actors. The 1987 Democratization Movement marked an increase in the activity of NGOs and also the provision of a pathway for citizens to begin engaging in social activity. The repressive apparatus of the state has weakened allowing Korean NGOs to mature in dealing with diverse social issues in the public domain. They have extended the scope of policy-related activities to ensure an environment conducive to the enlargement of public space and the expansion of citizens’ rights. The results of this study indicate that the growth of NGOs is both the result of the demise of authoritarian regimes and further stimulus to the transition solidifying democracy. The challenges for Korean NGOs will be to ply strategic roles as partners of the state in the transitional period.     

Second thoughts on civil society: The state,civic associations and the antinomies of the public sphere in Africa

ABSTRACT

This article offers a conceptual framework to identify and analyse the contemporary behaviour of the paradoxical government-organized, non-governmental organization (GONGO). We discuss how GONGOs’ activities fit within mainstream civil society theories and traditions. Furthermore, we compare and analyse GONGOs and NGOs in terms of their sources of power, main activities and functions, and dilemmas. Finally, we theorize the effects, and implications, the growth of GONGOs has on state and society relations globally.     

Studying civil society across the world: Exploring the Thorny issues of conceptualization and measurement

Abstract

The debate about the usefulness of the civil society concept for social analysis has reached a critical stage and calls for its abandonment are mounting. To prove its relevance for policy, practice and research, better operational concepts and more rigorous empirical research on civil society are required. This article examines the possibilities and pitfalls of cross-national civil society research as a crucial area of empirical civil society studies. It explores the definition, conceptualization, operationalization and measurement of civil society through a critical examination of existing international efforts at comparative civil society analysis. A functional approach to defining civil society and a two-dimensional operational concept of civil society, according to its (1) structural and (2) cultural features, are proposed as suitable tools to study the phenomenon cross-nationally. The article also reviews the Civicus Civil Society Index as an innovative tool to assess the state of civil society and discusses the insights and challenges emerging from its current application in more than 50 countries. The paper concludes that international comparative civil society studies are both possible and necessary, but cautions that more attention needs to be paid to the development of appropriate operational concepts and measurement models.     

Civil society and post-communist democratization: Facing a double challenge in post-Milošević Serbia

Abstract

Civil society literature attributes the weakness of post-communist civil society to the communist heritage. It is structurally weak, the argument goes, because post-communist citizens are averse to voluntary organizations and because of ethnic nationalism. This article goes beyond the heritage argument and contends that post-communist civil society is weakened by democratization itself. Post-communist democratizing states are fragmented structurally and ideologically, and lack a consensus on the liberal state as a provider of public goods and an inclusive citizenship. Simultaneously, the non-state sector in post-communism is expanding in both liberal and illiberal directions. While the liberal segments of the state respond to a liberal civil society, its illiberal segments reinforce an illiberal civil society. Consequently, ‘good’ civil society is forced to confront ideologically both the illiberal state and illiberal non-state groups, which limits its potential contribution to promoting good governance. The argument is illustrated by a study of civil society's transformation in post-Milo?evi? Serbia and the struggle by liberal civil society groups for acceptance of responsibility for Serbian war crimes committed in the wars of Yugoslavia's disintegration in the 1990s.     

The EU's fledgling society: From deafening silence to critical voice in European constitution-making

Abstract

The European Union is presently at a major crossroads. The Laeken process which launched the EU onto an explicit constitution-making process, has ground to a halt after the negative referendum results in France and the Netherlands. The European Council at its June 16–17, 2005 meeting decided to postpone the ratification process (by then 10 states had ratified and 2 had rejected) and instead issue a period of reflection. These events represent a significant re-politicization of the European integration process. From a research perspective they underline the need to study the dynamic interrelation between the emerging European polity and its social constituency. In this article we present a research framework for analysing EU-constitutionalization in terms of polity building and social constituency building. In empirical terms, this implies looking at the structured processes of intermediation that link institutional performance back to popular concerns and expectations. Going beyond the contentious politics approach we propose that the character of the emerging EU social constituency and its pervading effects on the EU-constitution-making process should be understood not only in terms of public voice (i.e., as ‘organized civil society’) but also in terms of public silence.     

NGOization and de-NGOization of Public Action in Nepal: The Role of Organizational Culture in Civil Society Politicality

Abstract

This article explores the relation between organizational culture and the politicality of civil society organizations, or rather their social construction as political. It is based on a case study of a network (NW) of human rights NGOs in Nepal during the last few years of a Maoist insurgency and the period of autocratic rule by ex-king Gyanendra, and its immediate aftermath. Through detailed ethnographic material, this article highlights the central role of the NW's organizational culture in allowing it to act in ways that were recognized as political. Specifically, it shows how a process of ‘de-NGOization’ of everyday practices and values enabled NW to become a credible actor for political change during a crucial period of Nepal's history. This article contributes to the ethnography of civil society, urges that more attention be paid to the relation of civil society to the political domain, and suggests ways forward in researching this topic.     

Democracy and Troubled Autonomy: Sectarian Politics and Civil Society in Japan

Civil society organizations (CSOs) exist in overlapping fields of influence, often within contentious relationships. Although the autonomy of a CSO is generally considered critical, currently available conceptualizations of civil society tend to focus on its relation to the state and minimize the role of political parties and social movement organizations. Drawing on the case study of the Women's Democratic Club (WDC), a women's organization in Japan established in the period immediately after World War II, this article examines the ways in which CSOs' embeddedness in their socio-political contexts problematizes organizational autonomy. As a non-partisan organization with democratic values, the WDC promoted egalitarianism and embraced heterogeneous membership within the organization. However, its embeddedness in the political left and its members’ divided and conflicting loyalties challenged its autonomy as an organization. This article seeks to contribute to the inclusion of non-governmental organizations in theoretical and empirical considerations of autonomy of civil society.     

未成年人侵权、监护责任与民事责任能力制度

《侵权责任法》关于未成年人侵权责任的规定遭到了不少理论上的质疑,以民事责任能力制度为理论基础审视现行法律的规定确实有逻辑上的困惑,据此作出合乎逻辑的调整却未必符合我国的实际情况。将未成年人侵权责任的承担问题转换成监护责任的承担问题,重新审视现行法律会发现侵权责任法的规定具有合理性。据以重构未成年人侵权制度的理论基础———民事责任能力制度本身的价值也是值得怀疑的。     

Giving a European Dimension to Civil Society Organizations

Abstract

This paper investigates the efforts by EU institutions, above all the Commission, to give a ‘European dimension’ to national and EU-level civil society organizations. The array of instruments and different paths available to induce associations of different kinds to ‘go European’ are highlighted: Funding programmes, campaigning, incentives to build transnational networks, and new consultation and involvement strategies. Empirical evidence regarding their effect on civil society organizations is taken from voluntary organizations working in the field of humanitarian aid, development, human rights, and social exclusion.