Celotno besedilo
Dostopno za:
DOBA, IZUM, KILJ, NUK, ODKLJ, PILJ, PNG, SAZU, UILJ, UKNU, UL, UM, UPUK
32.
Đenoveze sindrom Ćirić, Jovan
Strani pravni život,
2010
1
Journal Article
Recenzirano
Odprti dostop
In March 1964 in New York, Catherine Genovese, a 28 years old girl was raped and killed in front of her house. Many of her neighbors were watching that, but nobody tried to help her. Only after the ...seducer finished his job, neighbors called police and emergency, but it was too late, Catherine Geoneve died on the road to the hospital. That case shocked America and many articles has been written in New York Times about that. Social psychologists that phenomenon that many people are staying without try to give a help, or at least to react on some way, called „bystander effect“, or „Genovese syndrom“. Some of them made experiments in which they have shown that people usually do not react if they are in group, if there are many witnesses – it is in some way the diffusion of the responsibility. Anyway, that „bystander effect“, or „Genovese syndrom“, could play very important role in the prevention of the criminality. Because of that, experts, especially in the USA, work very much with ordinary people, who could be in the position of bystanders. In that sense, there are many projects, called „neighborhood watch“, or on some other, similar way, that has to prepare people to react on the adequate way if they notice some unacceptable behavior. The word is not only about murders, roberies, rapes, or similar offences, the word is also about the corruption in one enterprise, or some other economic crimes. The international organization of ombusmans, points out some of those problems. The author of this text talks here about the case of Catherine Genovese, about the „bystander effect“, about the „neighborhood watch“.
How can we say that the ideology of human rights is not human? Yes, we can say that, because the human rights of one person usually stay in confrontation with the human rights of some other person. ...There is no social conflict and the law deals with social conflicts, which could be arranged by respecting the human rights of both sides. Someone's human right always has to be refused in some way. The author talks about that in this article. He talks about criminal law for example and that the human rights of an accused and convicted offender stay in confrontation with the human rights of a victim. If we respect the human rights of the accused and the convicted person it does mean that we do not respect enough the human rights of the victim. Because of that, the human rights are not a good concept to build-up the law system. Something that is more objective then 'my' or 'his', (individual) understanding of what is the human right, what is the justice has to exist. Today's concept of human rights is based on reducing the state regulation, but it does mean that there is no criteria which is above our individual points of view. In that situation of total individualism no one's human right could be respected well. That is the second name for the anarchy, where we can not speak about the law and the human rights. On the other side, the problem of human rights is very much connected with the problem of understanding what is normal, what is moral, what is justice and the answer to those questions is very different in different societies and different cultures. If we are trying to build one global law system, in fact we are reducing the human right of people from different civilizations to have their own different answer on what is moral. That is also one very interesting paradox of the ideology of human rights which we can express in a very strange sentence: 'there is no human rights for those who are against human rights!'. Adapted from the source document.
In the Republic of Serbia there is still neither a public fund for the compensation of the victims of the violent crime, nor do the until now undertaken reform of the penal law respect in the ...necessary measure the interests of the victims. The documents of the UN, the European Council and the EU contain guidelines for the foundation of funds for the public compensation of the victims of violence, and the comparative European experiences indicate by their action the existing system of social protection is completed. The authors analyses the reasons for the introduction of these funds and they plead for the compensation of the victims from public funds to be enabled for the reason of justice and humanity, according to the idea of prosperity within a state of prosperity. That reason should have priority in relation to other, pragmatic, criminal-political reasons and the obligation of the domestic legislation to (formally) adjust itself to the European standards.
In the Republic of Serbia there is still neither a public fund for the compensation of the victims of the violent crime, nor do the until now undertaken reform of the penal law respect in the ...necessary measure the interests of the victims. The documents of the UN, the European Council and the EU contain guidelines for the foundation of funds for the public compensation of the victims of violence, and the comparative European experiences indicate by their action the existing system of social protection is completed. The authors analyses the reasons for the introduction of these funds and they plead for the compensation of the victims from public funds to be enabled for the reason of justice and humanity, according to the idea of prosperity within a state of prosperity. That reason should have priority in relation to other, pragmatic, criminal-political reasons and the obligation of the domestic legislation to (formally) adjust itself to the European standards.
In this article the author speaks about some theoretic but also practical problems which can arise in relation to the comparative law research. Here, in Serbia, a very frequent and usual phrase which ...can be heard lately is: “It is like that everywhere, it is like that in other countries.” Such a phrase seems like a final and strongest argument, that revokes any further analysis and any further attempt to evaluate on an objective way the foreign experiences and legal solutions. The comparative legal researches then become a non-critical copy of foreign legal solutions, so that the comparative law then finds itself in the function of the current legal-making policy and ideology and much less for the need to research a problem in every sense and to expose to the legislator all the possible alternatives. In that sense, the author talks about a whole series of problems which can arise there, starting from the problems with the interpretation and understanding of law, especially of its totality, up to the studying of the practice of application of law, i.e. up to some general problems which are related to the globalization and unification of the law, and in relation to that to the cultural imperialism, neglecting of freedom, democracy and human rights.
The author in this work speaks about general problems of political corruption in the world and in Serbia. The author tries to define the phenomenon of political corruption and pays special attention ...to financing political parties. Ćirić gives the overview of international documents about financing political parties and gives us the overview of MP's salaries in some western countries. At the end it is analyzed the question of trading MP's mandate, as a matter of fact who is the owner of the mandate of one representative - that representative, or his/her political party. That also could be the origin of different manipulations and corruption.
The theme of Kosovan mafia is a theme about which much is written and carefully scrutinized in the world. A great number of independent analysts from abroad suggests that it represents one of the ...most successful, highly organized and most dangerous mafias in the world. This is the pivotal theme of this article. The author presents here an entire range of articles and analyses which appear using the principal theme of Albanian mafia in foreign, west-European and American newspapers as well as in expert magazines. The author points out that a whole cross section of high ranking international officials, from representatives of the OECD, UN, the ex-ombudsman for Kosovo up to officials from international organizations such as "Interpol", "Europol", or individual police-experts from the countries of the EU, i.e. the U.S.A. talk completely openly about the fact that Kosovo has become a lawless country almost practically under mafia rule. Hundreds, even thousands of narratives which can be found on the "Internet" concerning this theme, and to which the author alludes, indicate that around 40% of heroin traded in the European markets and the U.S.A. originate from the Albanian mafia in Kosovo, who has used that revenue to finance the acquisition of weapons for the "OVK" ("Kosovo Liberation Army"), an organization which precisely due to those activities was at that time on the black lists of both the American State Department and the American Agency for the fight against drugs ("DEA" / Drug Enforcement Agency). However, all those factors did not prevent political figures from the U.S.A. and Europe to neglect all that very rapidly by aligning themselves on the side of that very same "OVK", an organization for which they also had sufficient and reliable proof that it collaborates very closely with many terrorist organizations, above all with those under the leadership of Usama bin-Laden. The essence concerns non-principled alliances with the narco-mafia and terrorists. Because of that the author insists upon two very important questions in this text. The first question is whether the Kosovan mafia was instrumental in causing the war in 1999 or if that war gave rise to the mafia, respectively the second question is if it can be determined that nowadays the mafia controls, with its tarnished money, the biggest part of political main streams within the modern world. The author also determines that danger from further expansion of the Albanian mafia and the overflow of crime to the surrounding countries of the region is very realistic and that those issues should be some of the more important themes upon which the Serbian party should insist in relation to the negotiations concerning the status of Kosovo.
О ФЕНОМЕНУ КОСОВСКЕ МАФИЈЕ Ćirić, Jovan
Sociološki preglad,
2006, Letnik:
40, Številka:
1
Journal Article
Recenzirano
Odprti dostop
The theme of Kosovan mafia is a theme about which much is written and carefully
scrutinized in the world. A great number of independent analysts from abroad suggests that it represents one of the ...most succesfull, highly organized and most dangerous mafias in the world. This is the pivotal theme of this article. The author presents here an entire range of articles and analyses which appear using the principal theme of Albanian mafia in foreign, west-european and american newspapers as well as in expert magazines. The author points out that a whole cross section of high ranking international officials, from representatives of the OECD, UN, the ex-ombudsman for Kosovo up to officials from international organizations such as „Interpol“, „Europol“, or individual police-experts from the countries of the EU, i.e. the U.S.A. talk completely openly about the fact that Kosovo has become a lawless country almost practically under mafia rule.
PDF
