Constitutional values and civil servant recruitment: The principles for filling revenue service positions in Poland

The functioning of public administration should be consistent with the general interest, common to all citizens, and independent from the particularized interests of changing political forces. A condition for the proper functioning of administration is the selection of appropriate personnel to perform the duties defined by the state. According to the premises of this paper, the recruitment of personnel based upon objective criteria is of fundamental importance for the effective realization of the administration's mission. This article analyzes the weaknesses of personnel policy in fiscal administration in Poland after 1989 against the background of the broader process of creating a Polish civil service. The study aims at determining the extent to which the actual relations between politics and administration reflect legal regulations. The article focuses on personnel policy with regard to senior positions in fiscal administration, whose occupants have leverage over decision-making processes and human resources policy in various agencies. It turns out that after every parliamentary election there is major turnover in the personnel occupying senior positions in the fiscal administration offices, that is, the persons associated with the previous governing team are replaced with individuals enjoying the confidence of those who have just come to power. In light of these findings one can infer that, contrary to the constitutional principles guiding the functioning of the government administration in Poland, its politicians have deliberately designed legal regulations in such a manner as to enable them to assume control over fiscal administration.     

Legal change in post-communist states: Contradictions and explanations. Introduction

Reformers had high hopes that the end of communism in Eastern Europe and the former Soviet Union would lead to significant improvements in legal institutions and the role of law in public administration. However, the cumulative experience of 25 years of legal change since communism has been mixed, marked by achievements and failures, advances and moves backward. This special issue of the journal Communist and Post-Communist Studies documents the nuances of this process and starts the process of explaining them. This introductory essay draws on the findings of the articles in this issue to explore the impact of three potential explanatory factors: regime type, international influences, and legal (or political) culture. Regime type matters, but allows for considerable variation within authoritarian and democratic states alike and the possibility of reversals. The influence of international organizations (like the European Union) is also far from predictable, especially once states have joined the organization. Finally, legal cultures and political traditions play a large role in explaining developments in individual countries, but there is nothing inevitable about their impact.     

Kawabata's views of language and the postwar construction of a literary genealogy

Abstract

This paper shows the ways in which, in the immediate post-war period (1945–1951), Kawabata Yasunari (1899–1972) reflected on his earlier, pre-war literary career and re-envisioned his postwar literary trajectory by constructing a new genealogy of the modern novel in Japan, in relationship to the intricate issues of the literary styles of the modern novel, ‘national language’ (kokugo), and the literary tradition. By examining his Shin bunshō tokuhon (New Guide to Literary Language, 1950), which presents Kawabata's past and present views of literary language, I will argue that Kawabata's changing views of language and literary style must be understood in the context of contemporary debates over national language policy and language reform movements. I will show the manner by which Kawabata formulated his views of language in dialogue with his two rival writers: Yokomitsu Riichi (1898–1947) in the prewar period and Tanizaki Junichirō (1886–1965) in the postwar period. As we shall see, the death of his close literary colleague Yokomitsu in 1947 and Tanizaki's unflagging literary exploration during and following the war prompted Kawabata to position himself in a genealogy of modern Japanese literary writers as well as in relationship to the linguistic and literary tradition of Japan.     

Climate Change and Marx in the Twenty-First Century,Part II

This paper comes in two parts. Part I, published in the June 2018 issue of this journal, opened with an examination of the relationship between Marx’s characterization of the centrality of commodity production to capitalism as a system, its destructive results on Nature and the global scale of the climate crisis confronting the 21st century. Following a discussion of these issues, Part I moved on to critically examine three models of political economy: Hayekism, Keynesianism and State Socialism. Part II takes the argument further by critically examining a fourth model, Green Keynesianism, currently being manufactured in response to the crisis of climate change, in order to show the inability of all four models to resolve the existential threat posed to humanity in the 21st century and beyond. I then proceed to posit, as a thought experiment, a now-necessary fifth model of political economy, Green Socialism, along with the building blocks important to its evolution as a coherent system. The paper concludes with a brief mention of both the ends and means that demand serious consideration if Green Socialism is to be realized.     

Predicting Revolt: Fragility Indexes and the Level of Violence and Instability in the Arab Spring

This article is one of the first to systematically assess the ability of state fragility measures to predict violent protests and adverse regime changes in countries. We focus on the Arab Spring as an example of a situation that such measures ought to predict. Through a variety of analyses, we find that none of the measures are predictive. We then create a simple model using the literature of protest and revolts to predict both the level of violence and the extent of regime change in the Arab Spring countries. This simpler model does a better job of predicting the level of involvement in the Arab Spring than any of the complex State Fragility Indexes. Thus, the goal of this article is not to explain the causes of the Arab Spring, but to add to the discussion of the predictive value of measures of instability.     

Building foundations for the comparative study of state and non-state terrorism

In this article, we argue that a comparative study of state and non-state terrorism that uses the minimal foundationalist definition of terrorism as its central analytical framework offers a unique and instructive approach for answering the question: “what is terrorism?” To date, most recent comparative case study analyses of terrorism focus on ideologies, political/governance models, structural/contextual enablers, practices, organisational structures, and/or the basis of issues such as trust, belonging, and membership. We uniquely contribute to the growing literature on comparative terrorism studies by comparing and contrasting state and non-state terrorism on the basis of strategic communication vis-à-vis the preparation, execution, and outcomes of political violence (the “terrorism attack cycle”), the instrumentalisation of victims, and fear management. We argue that state and non-state terrorism are co-constituting and co-enabling phenomena, possibly best conceptualised as two bounded and coiled strands of the political violence DNA.     

The contested spaces of civil society in a plural world: norm contestation in the debate about restrictions on international civil society support

Civil society organizations are facing increasing political restrictions all over the world. Frequently, these restrictions apply to the foreign funding of NGOs and thus curtail the space for external civil society support, which, since the 1990s, has become a key element in international democracy and human rights promotion. This so-called ‘closing space’ phenomenon has received growing attention by civil society activists, policymakers and academics. Existing studies (and political responses), however, neglect the crucial normative dimension of the problem at hand: As we show, the political controversy over civil society support is characterized by norm contestation, and this contestation reveals competing perceptions of in/justice and touches upon core principles of contemporary world order. Taking this dimension into account is essential if we are to academically understand, and politically respond to, the ‘closing space’ challenge. It is also highly relevant with regard to current debates on how to conceptualize and construct order in a world that is plural in many regards and in which liberal norms are fundamentally contested. Empirically, the paper combines an assessment of the global debate about closing space in the UN Human Rights Council with an analysis of a specific controversy over the issue in US-Egyptian relations.     

沉默权与严禁刑讯逼供

沉默权是犯罪嫌疑人、被告人对侦查、检察、审判人员的提问享有沉默不语的权利。刑讯逼供 ,是追诉者为了从被追诉者那里获知案情而采用拷讯等非法手段迫使被追诉者回答问题的行为。二者尖锐对立。欲使被追诉者真正享有沉默权 ,就必须严禁刑讯逼供。该文对二者的关系及其相关问题 ,从理论与实践的结合上进行了研究和阐述     

民事诉讼证明标准

证明标准是民事证据法中的一个基本问题 ,本文介绍了几种主要民事诉讼证明标准 ,考察了英美法系和大陆法系的多元证明标准 ,分析了我国传统证明标准的缺陷 ,认为我国应建立多元制证明标准 ,并提出了具体的建构设想。     

坚持维护主权,建立多极化世界的国际政治经济新秩序──兼论我国三代国家领导人国际关系观

当今世界有诸多的世界论──单极、三极、五极,无论前述任何一种,都没有完全代表世界绝大多数国家和人民的利益。在维护国家主权、尊重各国权利基础上,应建立多极化世界的国际政治经济新秩序。建立多极化世界的国际政治经济新秩序最重要的有两项原则、三大政策和三项措施。两项原则是：尊重各国主权的原则;不干涉别国内政的原则。三大政策是：奉行独立自主的和平外交政策;奉行国际法准则;奉行民族自决原则。三项措施为：联合世界各种力量,反对霸权主义和强权政治;摒弃旧的国际政治经济秩序,确立平等、公正、合理的国际政治经济新秩序;依靠联合国的力量,推动世界格局向多极化转换。