As an American, I warned the American people in my CAFTA EU Communitarian Law article that many countries, including our own, were training lawyers to implement communitarian changes to internal legal structures. I listed law schools and gave the names of people involved in the training programs. It made the rounds and died out, just as anything that explains communitarianism does. It's crazy that I'm still having to defend my work from accusations that I made it all up or it's my "personal pet peeve." Regardless of how easily and deftly leading right American "patriots" and their brothers and sisters on the "left" sweep it under the rug, it remains the most important topic the world has ever faced. Oh right, I'm sorry, I do understand what's important... so what kind of shoes does Scarlett Johansen wear when she goes jogging?
Bolivia has one of the first openly revised communitarian constitution that was adopted by popular vote. Today their communitarian president is the leading advocate for regional government protections of the Earth, which, under communitarian "victim rights" ideology has advanced into "victim" status. This gives the NH State motto "Don't Tread On Me" a whole new meaning! http://www.dailymail.co.uk/news/article-1376244/South-American-countrys-treaty-giving-Mother-Earth-rights-citizens.html
Your suggestions on how I might revise this page are welcomed and will help a lot. And yes, I already see how many misspelled words are in this!
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Communitarian Law and European Community Law : Individual & National Sovereignty versus the Collective Goodby Niki Raapana, April 2003. Revised March 21, 2006.
Table of ContentsIntroductory Quotes 1. What is Communitarian Law? 2. International Communitarian Juridcial Systems 3. What is "Divided Sovereignty"? 4. Who is Pierre Pescatore? 5. What are "Competences"? 6. Definition of "Community Aquis" 7. Why Study Communitarian Law? 8. Who's Teaching It? 9. Who Supports It? 10. Communitarian Chinese Case Law Appendix Introductory Quotes
What is Communitarian Law?
International Communitarian Juridical Systems
implies that States Members have to make political and legal internal reforms." pdf-NAFTA and the EU I've been studying the above quoted document. I'd like to write an article about it. To anyone who has access to the propsed Andean Parliment papers, models for integration, copies of the complaints of elitist origins, a list of all the U.S. Congressmen who voted for CAFTA up for re-election in Nov 2006, anti-communitarian papers or poltical parties that convinced a majority of Dutch and French voters to reject the European Constition in 2005, or any other relevant study materials: please help further our education in this topic. Click the contact link above and email me for where to snail mail hard copies. "Finding the Law: the Micro-States and Small Jurisdictions of Europe: Andorra, Cyprus, Northern Cyprus, Iceland, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, San Marino, Vatican State; UK European dependencies: Channel Islands, Gibraltar, Isle of Man; Faroe Islands and Greenland" by Andrew Grossman, Hauser Global Law School Program, Published February 2005. This paper includes "General Sources, Common to More than One of the Jurisdictions under Study." The European Union and other supranational authorities require national constitutions to be restructured so that they conform to communitarian rule of law. Integration to the EU and Economic Transformation: State and Its Role on the Example of the Export-Promoting Policy by Marek Csabay Presentation by Dr Jan Mazak, President of the Slovak Constitutional Court 21.10.2004. Professor J?n Maz?k, PhD. President, Constitutional Court of the Slovak Republic general remarks on "National judiciary after the accession of the Slovak Republic to the European Union" as follows:
NAFTA and the EU's paper tells us Tremolada, Eric (Universidad Externado de Colombia) is the principle lecturer of the Jean Monnet Class on European Communitarian Law (designated by the European Commission of the European Union in 2005). Universidad Rey Juan Carlos Law Program includes in year 3 "Institutions of Communitarian Law (C)". University of Oradea Faculty of Law and Jurisprudence offers a post-graduate degree in Communitarian Law. Simona Zah, 21, a former law student at the University of Bucharest was the best graduate student in a special course on "International, comparative and communitarian law" at the University of Strasbourg, in 2001. From Aquamont to Berlaymont: On the Integration-Friendly Features of the Slovak Constitution by RADOSLAV PROCH?ZKA. Sari Kouvo, born 1971, is a researcher and lecturer in international law with a focus on human rights and in gender and law at the Department of Law. She attended "What are They Doing? Gender Mainstreaming in International Human Rights?, Gender and Communitarian Law Workshop, Onati International Institute for the Sociology of Law, Spain (2000). "For the aim of European law study on Master level, the curriculum and share of lessons has been added and made deeper - it is not only specialization for the area of justice and internal affairs but also the basis of wider general theory mainly of the European communitarian law, history questions and EU genesis, new EU legal institutes as joint investigation teams, Eurojust, or European warrant of arrest, etc." EDUCATION IN EUROPEAN LAW AT THE POLICE ACADEMY OF THE CZECH REPUBLIC. Regionalism and Constitutionalism in an Enlarged EU, A pan-European project by WiRE in collaboration with academic partners throughout Europe to investigate the situation of the regions in the context of the emerging EU constitution list of participants includes Prof. Daria de Pretis. "Daria de Pretis is a Professor of Administrative Law at the Universit? di Trento in Italy. Her main areas of interest include communitarian law; administrative action; the legal principle of discretionary powers and administrative justice in Italy and Europe. In 2004 she published La Tutela Giurisdizionale Amministrativa in Europa fra Integrazione e Diversit? on the subject of advimistrative law in a Europe of integration and diversity." Michael Coester (Professor, Munich University): "The Law on Terms of Contract in Conflicting Relationship between German and European Communitarian Law" ("Das Recht der Allgemeinen Geschaftsbedingungen im Spannungsfeld zwischen deutschem Recht und europaischem Gemeinschaftsrecht") Discussant: Hiroshi Kochi (Professor, Kyushu University) Kyushu University Faculty of Law and Ludwig-Maximilian University (Munich) Law Faculty's Joint Research Program s MO??O AO PJ -ENGLISH VERSION, a Portugese blogger explains the need for European integration and The European Youth Parliament, which "Emphasizes the network cooperation agreements, the policy of aid to the development and the pratice of strong positions in the various international organizations (UN, NATO, WTO). 2. Reaffirms the EU personality through the supremacy of the communitarian law above the national law. 3. Endows the EU of the means to proceed, through evolution and commitment towards an improved economic and social cohesion. 4. Requests the reinforcement of the communitarian budget as to allow the sustainable development of the weaker economies." INTERNATIONAL CONFERENCE Achievements in the field of human rights ten years after Dayton, Sarajevo, 10 and 11 May 2005. "By implementing the Agreement, BiH {Bosnia and Herzegovina} will be able to apply for full membership of the EU. The negotiations for membership will be the most complex task and the greatest challenge, which will lead to the most profound reforms. Institutional capacities, which are necessary for successful negotiations on full membership, adoption and application of the whole European legislation, will finally result in the number of around 15 state ministries and around a hundred agencies, offices with the purpose of strengthening democracy, strengthening of export capacities, oversight of the market, environment protection, etc. The number of entity or cantonal competences will be reduced significantly. All these formal steps will be followed by considerable reforms in the judiciary, internal affairs, defence, economy, etc. Finally, BiH will transfer a share of its sovereignty to the European Community for supremacy of communitarian law and its application in all EU member states. ESI analysts think that it is impossible for BiH to start negotiations for full membership before 2007. Inicio UCH-CEU Fundaci?n USP-CEU Univerisidad Cardenal Herrera-English version. Seminars include a course on "The General Principles of the Law in the European Communitarian Law." Italian s-tiles explains: "The Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control was implemented in Italy under Government Bill D.Lgs n. 372 of 4 August 1999. Currently, it is applied specifically to existing plants, as defined under Annex I, Article 41 of Communitarian Law* 2001 (1 March 2002, No. 39), but with the provision for the Government to extend the IPPC to new and modified plants, as well, within a period of 1 year. *A law ratified by the Government yearly on 31 January, which includes the norms for adopting EU law within the Italian legal system." Aquamedia's International Relations in Water Management claims, "By adopting the WFD, the communitarian law in the European Union reached its top in the area of waters, the former solution of individual problems regulated by the relevant directives has changed into to complex approach in protection and exploitation of waters." International Conferences and Seminars tells us Marco Balboni is a Prof. of Communitarian Law at the University of Bologna. Here's one of his courses in Italian. Araceli Mangas Mart?n Professor of International Public Law and International Relations, Universidad de Salamanca since 1986 was also Professor ?Jean Monnet? of Communitarian Law by the European Communities Commission in 1991. She wrote - ?European Communitarian Law and Spanish Law?, Madrid, Ed. Tecnos, 2nd ed, 1987 Why is there nothing online about the Jean Monnet Class on European Communitarian Law except for one reference to it in NAFTA and the E.U. -- Institucional Contrast at http://72.14.203.104/search?q=cache:r5s0jdmFPPYJ:www.miami.edu/eucenter/Conference_Nov4.pdf+Communitarian+Law&hl=en? The Jean Monnet Program at the New York University School of Law has nothing describing what a Professor 'Jean Monnet' of Communitarian Law teaches. Wikpedia-Jean Monnet explains Monnet is credited as the "architect of European Unity." (This is very interesting since so little information is circulated about communitarian law and the primary source for communitarian law is the EU.) Jose Antonio Sanchez Quintanilla is the Secretary General of the IDAE. He is Bachelor in Law (specialty in Public Law) by the University of Seville having a diploma in European Communitarian Law by the same University. He is civil employee of the Upper Corporation of Civilian Administrations of the State, from 1989. Among other functions, he has been Adviser and later on Director of the Secretary of State of Scientific and Technological Policy Office in the Ministry of Science and Technology, being this its last position carried out until its incorporation to the IDAE. Jose Antonio Sanchez Quintanilla has wide experience within the Public Administration in Organization and administrative procedures, Administrative hiring, Management of human resources and elaboration of dispositions of legal and obligatory rank. Manuel Estella Hoyos - President the Courts of Castila and Leon Born : in 1939, in Salamanca. Education / Profession : BL (Law) from the University of Salamanca in 1962. Majored in matters related to European Communitarian Law in 1985, 86 and 87. "Marco Polo System geie is a structure of Communitarian law instituted by the Municipality of Venice together with the Union of the Municipalities and the Communities of Greece (K.E.D.K.E.)." MARCO POLO SYSTEM GEIE AALS: 2005 Annual Meeting Wednesday, January 5, 2005, 2:00 - 3:45 p.m. Hilton San Francisco, Yosemite B, Ballroom Level. Section on Law and Communitarian Studies Moderator(s): Thomas D. Morgan, The George Washington University Law School. Speaker(s): Amitai Etzioni, The George Washington University Inst. for Communitarian Policy Studies; Karen Musalo, University of California, Hastings, College of the Law. A contemporary way of understanding the meaning of the Constitution by Raul Narits, at Juridica International, pp. 466-472 Summary: "Legal theory is directed at the correct understanding of law. The aim is to understand law in its integrity for which legal theory has developed a set of broad-based means. Understanding of the national legal system should rely on the uniformity of the legal system and the Constitution. The author introduces the reader to the main principles of communitarianism as one of the possible means allowing to understand the Constitution. The author outlines the characteristic features of conservative, liberal and egalitarian theories of communitarianism, and provides an in-depth analysis of the communitarianist constitutional theory based on the principles of liberal communitarianism." Plan to study communitarian law? Join 1,965 subscribers on the list for communitarian law : commlaw@hermes.gwu.edu:
20 April 2001, Copenhagen - From the Ministry of Foreign Affairs of the Republic of Lithuana. Statement by Dr. Dalia Grybauskaite, Deputy Minister of Foreign Affairs, Candidate Countries Opinion Concerning the Future of the EU :
20 October, 2003 - The significance of the transatlantic bonds in the time of the entry of the Czech Republic into EU Print Mail by Mirek Topolanek. Quote: "Recently, the Intergovernmental Conference has started with a summit in Rome, with the number one task: adopting of a European Union Constitution ? a document that can significantly influence the nature of the ?old continent? and consequently also its relations with the US. It can result in a huge European ?super-state?, where most of the power is given to the bureaucrats in Brussels, or we will manage to keep the EU as a partnership of independent states that cooperate in areas where it?s advantageous. Unfortunately the submitted draft of the constitution was not created by any ?Founding Fathers? but by the European Convent with a majority vote of socialist and euro-federalist parties. It moves us towards the European ?super-state? founded on quite doubtful basis./ As a result of post-war development, expensive redistribution and bureaucratic processes became typical for European countries, along with the burden of the so-called social state and collective demands for what were called group rights. All of these are taken as specific European values. But in present global economic competition these phenomena decrease the competitiveness and restrain the economic growth. The common market is bound with thousands of pages of regulations of rapidly growing communitarian law, which are for the most part products of various lobby and corporate bodies. They are not so much about the reaching declared high standards, but more as a protectionist weapon against the foreign competition of European market. By doing so, Europe is really closing itself from global market than the opposite." From the American Enterprise Institute. The International Legal Regime Hauser Global Law Program at NYU teaches the "Code de r?daction interinstitutionnel" (communitarian law) The Training Strategy for Civil Servants on EU Affaires from the Serbia and Montengro European Integration Office trains: " ?Harmonizators?- law experts that will have to be well acquainted with the structure of communitarian law, type and nature of the EU decisions and models of their implementation into the national legislature." (The page with this original text disappeared, now it doesn't say the term communitarian law it says: "The lecturer was a Slovenian expert in the harmonisation of national legislation with the acquis communautaire.") www.arena.uio.no INTERNATIONAL CONFERENCE Achievements in the field of human rights ten years after Dayton Sarajevo, 10 and 11 May 2005: "Finally, BiH will transfer a share of its sovereignty to the European Community for supremacy of communitarian law and its application in all EU member states. ESI analysts think that it is impossible for BiH to start negotiations for full membership before 2007." www.worldvideobusiness.com. In this area I.M.P.R.E.S.A. S.p.A. intends to offer on line consulting services in the field of Labour Communitarian Law. Fellowship Training Programme in International Law for French-Speaking African Countries (in French) Institut des Relations Internationales du Cameroun (IRIC) Yaound?, Cameroon, 7 ? 18 January 2002: "In cooperation with the camerooninan Ministry of Foreign Affairs, the Centre of Studies and Research of International and Communitarian Law (CEDIC), Yaound?, and the University of Yaound? II, the United Nations Office of Legal Affairs and UNITAR jointly organized a two-week training for 22 participants from different French-Speaking African countries (16 fellowship recipients and 6 trainees from the host country), including junior and mid-level government officials as well as representatives from law faculties of universities." College of Europe, Professor Sylvie GOULARD: Sylvie Goulard is at the moment launching a new think tank "Europhilia" based in Sciences Po (Paris) where she will be active as a codirector with Olivier Duhamel (former French MEP). From 2001 to the summer 2004, she was a member of the group of political counsellors at the Commission where she integrated the team responsible for the follow-up of the Convention. She started her career as Foreign Affairs counsellor first at the legal department of the "Quai d'Orsay" (communitarian law and negotiations concerning the unification of Germany) and was then detached to the "Conseil d'Etat" in Paris. Furthermore, she has been in charge of the multilateral questions and the French-German projects in the "centre de prospective" of the French Ministry of Foreign Affairs. Sylvie Goulard remains an associated researcher at the CERI of Sciences Po. She has also taught European integration at Sciences Po (Paris). She is part of the national board of the French Mouvement Europ?en, member of the scientific directory of the Institut f?r Europ?ische Politik (Berlin), of the conseil d'administration d'Europartenaires (Paris) and of the Beirat of the BBI in Genshagen (Germany). Working Group on Internet Governance (WGIG) issued a final report on UN control over the internet. American Senators object, SENATOR DENOUNCES REPORT CALLING FOR UN GLOBAL INTERNET CONTROL Mon Aug 01 2005. The Internet Corporation For Assigned Names and Numbers was one of the WGIG funders. V. The Politics of International Law. The European Journal Of International Law explains the Hegelian dilemma between Sovereign Law and communitarian law. The European Union and the General International Law explains how the Communitarian Juridical Order "divides" sovereignity. It uses Hegel as an example of the abstract, traditional, almost metaphyiscal concept of national sovereignity, and it gives us an example of communitarian case law precedents:
What is divided sovereignty? Divided sovereignty at Britannica:"
Conservatism, centralization, and constitutional federalism in Modern Age, Wntr-Spring, 2004 by George W. Carey traces the roots of the divided sovereignty concept back to Madison and Hamilton. Why Joseph Sobran Is Wrong About The Civil War is a very nice historical lesson on the importance of discussing the sovereignty issue. Give Democracy a Chance The Iraqis' choice. By Andrew Peyton Thomas May 20, 2004, National Review. Thomas calls divided sovereignty the " imprecise term of the moment." Russia, Government, Putin Power Grab emails archived by Johnson's Russia List. The Failure of Dual Sovereignty: The British Empire and the United States by Kevin A. Carson. The "Unsettled Paradox": The Internet, the State, and the Consent of the Governed Indiana J. Global Legal Studies 521 (1998) by David G. Post Temple University School of Law and Cyberspace Law Institute(1) Who is Pierre Pescatore? The following papers all relate to Pierre Pescatore (the first one to develop the idea of the division of sovereignty, surpassing the concept of sovereignty expressed by the International Court of Justice in the famous Wimbledon Case): pdf-The Other Side of the Story: An Unpopular Essay on the Making of the European Community Legal Order. The European Court of Justice Is an International Court by J. Allain1(1)Department of Political Science, The American University in Cairo, Egypt. In re REZNIKOV, Judgment 1249, THE ADMINISTRATIVE TRIBUNAL at the International Labor Organization 1993. A Research Guide to International Investment Law Prepared by Wei Luo, Director of Technical Services and Lecturer in Law, Washington University School of Law Library, e-mail: luo@law.wustl.edu,; office phone: 935-8045.(For Professor Mutharika's International Investment Law Seminar)Last Updated in April 2005. Support for Improvement in Government and Management in Central and Eastern European Countries. What are COMPETENCES? From Merriam Webster online: Main Entry: com?pe?tence Pronunciation: 'k?m-p&-t&n(t)s Function: noun 1 : a sufficiency of means for the necessities and conveniences of life 2 : the quality or state of being competent : as a : the properties of an embryonic field that enable it to respond in a characteristic manner to an organizer b : readiness of bacteria to undergo genetic transformation 3 : the knowledge that enables a person to speak and understand a language -- compare PERFORMANCE The following papers all use the term "competences." Does it mean something else in Europe? Draft Treaty establishing a constitution for Europe: Article 9: Fundamental principles
Competences defined at the DSM Sustainablity glossary:
4. The European Union as an Emerging Federal System Jean Monet Center, NYU School of Law. What is community aquis? In April 2003 the European Union was working on its draft constitution. Their site has a glossary that defines ALL the modern terminology that has "evolved" over the past 30 years. This is the first dictionary of the legal meanings of the new terms we've seen. Here is the global definition of "community law:" Community Acquis. For those who don't take the link, Community acquis is:
Why Study Communitarian Law? Comparative Avenues in Constitutional Law June 2004 University of Texas Law Journal Viven A. Schmidt, "The New World Order, Incorporated: The Rise of Business and the Decline of the Nation State," Daedalus, Vol. 124, no. 2 (Spring 1995) academic paper posted at Mt Holyoke.edu. New Arrivals in the Law Library... June 2004 at Indiana University School of Law. The founder of American communitarianism, Amitai Etzioni's, recently published From Empire to Community is on this list. BANDED CONTRACTS, MEDIATING INSTITUTIONS, AND CORPORATE GOVERNANCE: A NATURALIST ANALYSIS OF CONTRACTUAL THEORIES OF THE FIRM by TIMOTHY L. FORT* AND JAMES J. NOONE, Cited: 62 Law & Contemp. Probs. 163 (Summer 1999) [*pg 163] Duke Law Journal. "Part IV addresses the social contractarian approach. Combined with Part II's understanding of evolution and nature, a constructive model emerges that takes the best features of social contracting and agency contracting and blends them with a naturalist-based communitarianism." The World Summit on the Information Society (WSIS) 16-18 November, 2005 "In the second phase of WSIS efforts are being made to put the Plan of Action into motion and working groups have been set up to find solutions and reach agreements in the fields of Internet governance and financing mechanisms." The Politics of International Law by the Academy of European Law online."The law aims to fulfil its double task by becoming formal: by endorsing neither particular communitarian ideals nor particular sovereign policies." Deborah Charles Publications Abstracts' Library Authors K is a nice introduction to Hegelian thinking about the law. Communitarian Corporate Law, "Globalisation of Corporate Regulation and Corporate Citizenship." Many people who teach, preach, and enforce communitarian law in the United States have never heard of communitarian law. (How's that for deliberately dumbed down Americans?) The world desperately needs lawyers and laymen who comprehend all facets of the new communitarian legislation and law. The European Union recognises, teaches, practices and endorses Community Law. U.N. Declarations like the Earth Charter are all communitarian documents. Accredited American law schools that teach communitarian law in their classes, publish Communitarian Legal Readers, or host communitarian law seminars at their colleges refuse to respond or discuss communitarian law with peons like us. We've tried for years to find one American lawyer to admit communitarian law exists. We found one that ceased operations, The Wallace Institute. I worked with attorneys Margaret Boyle and Jose Vera for two years on the Dawson case and we never once discussed it, even though the Dawson lawsuit was a 4th Amendment complaint against a DOJ pilot test of communitarian law enforcement proceedures. The Dawson clients were also a human subjects research project in 1999, for the 2002 Homeland Security Agency and for the National ID database, all highly recommended in the 2004 9-11 Commission Report. Understanding communitarian law is obviously confined to elite groups who work to "Rebuild the World" under communitarian values. The people most affected by it, the ones who suffer under it, are never taught what it is. American lawyers just plain ignore it. There is not one single American alternative "law teacher" who will discuss communitarian law. We don't appear to have anyone besides Dr. Kelly Ross, Ph.d., Jeri Lynn Ball, Joan Veon, Devvy Kidd, Charlotte Iserbyt, Chris Gerner, Detective Philip Worts, Berit Kjos and the occasional unknown writers like us who are willing to mention it. American law schools ignore ACL requests for a rebuttal to our manifesto against communitarian law (although some do offer us "good luck" with our "project.") No one will dispute our philosopical or historical objections either, and political sites refuse to add the Third Way communitarian agenda to their news topic lists. It's the most important and least discussed topic in the entire world. Far too many Americans think it's a conspiracy theory. Liudvikas Bukys Weblog regarding topics of interest to me: system architecture, high performance computing, policy and law, security, software development, web applications. Bukys' weblog is like a historical overview of cybercrime developments. The most incredible thing is, thousands of Americans are charged and sentenced to jail and prisons for violations of community law every day. All new intervention and prevention programs required under Congressional Acts (such as the Violent Crime Act, Domestic Violence Act, Patriot Act, National Intelligence Reform Act, Homeland Security Act, etc. are based in communitarian legal philosophy. Communitarian "values" justify all wars on inanimate objects too, such as the War on Terror and The Wars on Drugs, Poverty, Crime, Obesity, and any other "idea" we can be convinced to support. The reason so many more Americans lose and go to jail now is because they are defending themselves against communitarian law with U.S. Constitutional law. Powerful communitarian laws over-rule (balance) constitutional law in every nation. The Sovereignty movement (which studies ways to return American liberty principles via offshore and foreign banking protections) faces the same predicament. No property in the world is protected from communitarian equitable distribution programs. Communitarian law is global law. Community law enforces equitable distribution of wealth (property). It will be fully implemented by 2020, and it's also called Region 2020. HUD's mapping database was called Community 2020. Free Legal-dictionary-definition of "community" University of South Dakota definition of "community." A Definition of Community Service by the University of Missouri. The ABC of Community Law by Dr Klaus-Dieter Borchardt at EUR-Lex. The Communitarian Network Bibliography of Law and Communitarian Thinking. A Communitarian Republic's Communitarian Code of Ordinances and Regulations. So called communitarian law is openly taught and passed in the European Union. In the U.S. it is quietly taught in elite seminars, and widely adopted inside land management plans. The ACL library would really appreciate hardcopy donations of communitarian law books, and we have given up seeking a constitutional law firm with attorneys who have courtroom experience in defending individuals against communitarian law. Not even the so-called American Freedom Movement has a clue what it is. In fact, much of the American "alternative" research is totally duped by communitarian policies and rhetoric. Even more sad, many American "patriots" actually support communitarian programs that undermine the constitutional laws they claim to defend. Communitarian law is the most succesful con job in the history of the modern world. The ACL may have "won" the debate against the bogus communitarian ideology, but the American people have definately lost their constitution anyway, because they missed the most important debate in the history of the United States. That's mainly because it was held quietly, in small gatherings of like-minded individuals. The citizens never write these news laws by themselves. Community police and sustainable developers teach the new law. Community change agents gather the data necessary to enforce the new law. COMPASS and Community Policing assist communitarian visionaries to implement the Community Imperial Laws. Who's teaching communitarian law? THE PURPOSES AND ACCOUNTABILITY OF THE CORPORATION IN CONTEMPORARY SOCIETY: CORPORATE GOVERNANCE AT A CROSSROADS by MICHAEL BRADLEY,* CINDY A. SCHIPANI,** ANANT K. SUNDARAM,*** AND JAMES P. WALSH**** posted by Duke Law:
The Univeristy of Virginia hosts a Universitas 21 Global Graduate Programs for Global Leaders. Judge Calabresi Awarded Thomas Jefferson Memorial Foundation Medal in Law, University of Virginia Law School. "In addition to addressing first year students of property and engaging in numerous informal encounters with faculty and students, Judge Calabresi delivered a public lecture on "Liberte, egalite, fraternite." Calabresi's lecture explored a fundamental problem of constitutional law, how to prevent majoritarian legislatures from interfering with individual liberties in the name of communitarian values ("fraternite")." Phil 101: Social and Political Philosophy at University of Viginia at Wise. Kluwer Academic Publishers-Law and Philosophy, An International Journal for Jurisprudence and Legal Philosophy. I found this under "conflict theory." Georgetown University Law Center-Law Library-Foreign Law (Intl.) Law and Community: the Case of Torts. "Cochran (Pepperdine University School of Law) and Ackerman (Pennsylvania State University's Dickinson School of Law) consider the possibilities of a communitarian tort system. In so doing they discuss communitarian principles, offer an intermediate communitarian perspective of tort law, and discuss the roles of families, religious communities, and the larger community. Annotation ?2004 Book News, Inc., Portland, OR (booknews.com)." Social Justice (Ethics) Community. Law-books.org features communitarian books by Amitai Etzioni. National Constitutions, Foreign Trade Policy and European Community Law posted by The European Journal of International Law, this is a wonderful explanation of the difference between the original U.S. system and Englands'. II. Constitutional Law and Transnational Exercise of Individual Rights: Freedom of Transnational Trade as an Individual Right?
Indiana University School of Law has Law, Morality and Community Seminar; Harvard's Center for Public Leadership offers Communitarian Themes in Social Policy and Institutional Leadership; European Journal of International Law published The Politics of International Law; The International Institute for the Sociology of Law has a workshop called The Role in Communitarian Law in Implementing Equal Rights ; The Inter-American Conference of Trabajo published Report About Communitarian Social Policy and Social Law in the European Union; Univeristy of Kansas posts essays relating to international communitarian law online. Mexico's Instituto de la Judicatura Federal published an essay called LA UNI?N EUROPEA. PROBLEMAS CONSTITUCIONALES DERIVADOS DE SU ESTRUCTURA Y FUNCIONAMIENTO INSTITUCIONAL which discusses and
Order and Justice in the International Trade System by John Toye. "Presentations on Community Associations and Related Topics," by Jimmy Winokur, includes "Servitude Regimes in Communitarian Perspective: Community Associations as Settings for Postmodern Community," to Washington State Community Associations Institute, Seattle, WA, June 9, 1992, and "Communities of Interest: Private Land Use Controls & Private Communities -- A Communitarian Perspective," to Association of American Law Schools, Property Section Teaching Conference, Spokane WA, June 6, 1992. University of Arizona:
Here's a portion of the legal status under the Cartegena Agreement between Bolivia, Colombia, Ecuador, Per? y Venezuela:
Harvard Law School Forum - 1950's INTRODUCTION TO LAW, CITIZENSHIP, AND JUSTICE Skidmore.edu. Fall 2002 course syllabus. Their intro explains:
Forging Federal Systems Within a Matrix of Contained Conflict, New York University School Of Law, Jeanne Monnet Center. TO PROMOTE THE GENERAL WELFARE: A COMMUNITARIAN LEGAL READER by David E. Carney (Editor). Lanham, MD: Lexington Books, 1999. 324 pp. Cloth $65.00. ISBN: 0-7391-0032-7 Towards A World Domestic Policy by Erik Oddvar Eriksen ; To be published in E.O. Eriksen and J. Weig?rd: A Critical Introdution to J?rgen Habermas. Continuum Press (London, New York). Policy on Social Equity in conservation and Sustainable Use of Natural Resources, Adopted by IUCN Council Meeting, February 2000. Religion and Law; Legal Approaches to Religion, by Andrew Huxley, for a Post graduate seminar, March 2001. West Virginia University's "Constitutional Law and Constitutional Development Syllabus, Part A: Constitutional Theory and Government Powers." Communitarian Data Privacy. THE PROSECUTORIAL STATE, by Charles J. Fox, Department of Political Science, Texas Tech University. The U.S. courts used the term "anti-communitarian" in this brief written in 1984. TONY AND SUSAN ALAMO FOUNDATION, ET AL., PETITIONERS V. RAYMOND J. DONOVAN, SECRETARY OF LABOR No. 83-1935, In the Supreme Court of the United States, October Term, 1984, On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit:
Who supports communitarian law? TERRORISM, LIBERTY, AND COMMUNITY: Why We Need a Stronger Focus On the Common Good By SCOTT IDLEMAN, Tuesday, Sep. 18, 2001 at findlaw.com. "Americans are fond of liberty, particularly the liberty of the individual. We have numerous words to describe it: liberty, freedom, autonomy, privacy, and rights, among others. Until very recently, however, we have not placed as much emphasis on the common good or the public welfare. If the horrific events of September 11 are any indication, this may ? and arguably must ? change.Community and the Constitution: Our relative lack of focus on the common good is actually quite surprising, given that the preamble to our national Constitution is mostly communitarian, rather than individualistic, in orientation." (How is it possible that the preamble to the U.S. Constitution was written in 1787 as a communitarian document when the communitarian philosophy evolved in the 1990s? ~ed.) Accounting and Administration degree requirements include Communitarian Law in the 4th year. The INTERNATIONAL OFFICE stimulates and supports the development of internationalisation in all aspects of ISCAPs activities, namely concerning ERASMUS programme, together with the International Programmes Office (GPI) of Polytechnical Institute of Porto. The following quote comes from LD Debate.org and shows how far the term can be stretched by American students (and I have no idea where this student found his information: "My first contention is that the United States is morally obligated to promote democratic ideals in other nations because of communitarian law. Communitarian law states that if you have the power to do something for the better, you are morally obligated to. Promoting inalienable rights, freedoms, equality (democratic ideals) would be aimed towards the betterment of the world. The United States clearly has the power to promote ideals of democracy in other nations, due to their becoming the world?s super-power after the fall of the Soviet Union. Therefore since the United States can promote these ideals, it is morally obligated to. The United States under President Clinton in the 1990?s accepted this and promoted democratic ideals abroad, and gained great fame for it. Many people would line up for hours just to see the president, because they honestly felt they were being helped by the most powerful nation. In other words, it relates to the idea of watching a man drown right next to the dock, with another man standing on the dock. The person can easily help them, but decides to walk away. This is exactly what occurs when the United States chooses not to promote democratic ideals in other nations. This ties in with my value of protecting natural rights because by expressing its obligation to promote democratic ideals through communitarian law, it is achieving guaranteeing natural rights." Communitarian law has been successfully taught in law schools across the U.S., and the new communitarian morality has the support of everyone from Harvard to the European Union. Starting out attacking relatively unsupportable behaviors like child pornography, Harvard Law hosts hot events like Harvard's symposium on communitarian law where they invited Zionist communitarian Professor Amitai Etzioni to initiate attacks on the inherent legal flaws in the outdated nationalist U.S. Constitution. For 200 years the U.S. Constitution was considered to be the most powerful people's contract with their government in the history of the modern world, and many nations copied from it when designing their own constitutional governments. Today, even as new republics (like the anti-communitarian Czech Republic) continue to emulate the American nationalist quest for freedom, the American internationalist communitarians look to the United Nations as the more moral bastion of individual freedoms. Here are but a few of the many places to go for more information about communitarian law, to see for yourself the hope it's already brought to an unstable world: DISORDER LAWS AND THE COURTS: REVIEW OF RECENT LEGAL DEVELOPMENTS by Roger L. Conner, J.D. US Dept of Justice's website has a Keynote Address: A Retrospective on the Thirty-Year War Against Crime by The Honorable Patricia Wald, Judge, U.S. Court of Appeals, District of Columbia Circuit, which in 1998 was a most thorough examination of 30 years of advancing communitarian goals. Criminal Justice Today:Title XXVI of the Violent Crime Control and Law Enforcement Act of 1994 mandated establishment of a 28-member National Commission on Crime Control and Prevention. The commission, which is bipartisan and includes congressional as well as presidential appointees, is composed of law enforcement professionals, judges, mayors, prosecutors, professors, and former state attorneys general. Selected to chair the commission is Lee Fisher, a former Ohio state legislator and state Attorney General with a long anti-gun track record. Fisher is a member of the Board of Directors of the Center to Prevent Handgun Violence. The Commission is expected to release its final report in late 1999. Like the findings of its predecessors, the 1967 President?s Commission on Law Enforcement and Administration of Justice, and the 1973 National Advisory Commission on Criminal Justice Standards and Goals, the report of the National Commission is expected to substantially impact criminal justice activities and crime control initiatives during the first few decades of the twenty-first century. Among the Commission?s mandates are: (1) To develop a comprehensive proposal for preventing and controlling crime and violence in the United States. Institute for Law and Justice POLICE POWER AND THE PUBLIC TRUST: PRESCRIPTIVE ZONING THROUGH THE CONFLATION OF TWO ANCIENT DOCTRINES, by Donna Jalbert Patalans details the legal basis for community policing strategies. Her abstract explains: "The close historical affinity between the Public Trust doctrine and police power supports a more expansive view of zoning. The doctrines? kindred public interest spirit can empower localities to adopt dynamic, proactive, prescriptive zoning ordinances that promote community character. To do so, municipalities must self-define their unique community assets and ambiance through an openly developed comprehensive plan that honestly memorializes development patterns and sets forth community goals." Law Research: Law Enforcement Chinese communitarian law Chinese communitarian case law published in Law & Society Volume 37 Issue 3 Page 549 - September 2003 doi:10.1111/1540-5893.3703003, can be accessed from Blackwell Synergy. This "Confessions and Criminal Case Disposition in China" Hong Lu, Terance D. Miethe. "... examines confessions and criminal case disposition in China. It describes how wider economic reforms in China and subsequent changes in its legal system may have affected the nature and consequence of criminal confessions. Bivariate and multivariate analyses of a sample of 1,009 criminal court cases reveal that the majority of offenders confessed to their crime and that confession is associated with less severe punishments (e.g., lower risks for imprisonment, shorter sentences). Changes in the nature of confession and its impact on criminal court practices are also examined before and after legal reforms in the mid-1990s. These context-specific findings are then discussed in terms of their implications for understanding the interrelationships between legal structure, legal culture, and case disposition in communitarian-based societies." Sino Laws, Chinese Legal Consultation Network. Includes full text of Chinese Socialist Constitution/ Chinese Citizens Economic, Cultural and Social Rights From talk: communitarianism at wikipedia: "I have many good reasons to associate the international usage of communitarian law to Etzioni and his George Washington University's Institute for Communitarian Policy Studies. I've read much of what Etzioni has "written," even though his assistant Erin Riska admitted he wrote hardly any of it (and she later retracted that to mean it only had to be heavily edited). The good doctor has been writing about the "need" for a new communitarian legal order since 1957. His brand is the entire basis for legal programs tested by Community Oriented Policing Services (COPS http://nord.twu.net/acl/commpolicing.html) established by Clinton in 1994. Communitarian laws were inserted inside Seattle's 38 Local Agenda 21 Plans in 1999. Balancing community rights is based in communitarian legal principles. In the EU the new system IS the "community" and the national laws of every member country are subserviant to the "Code de r?daction interinstitutionnel." Etzioni advises both US state and federal government agencies to make legal changes to constitutional systems and procedures. He is a strong advocate for limiting U.S. privacy rights and he is a primary player in the unfolding unauthorized national ID database system. (COPS tested the data-gathering operations in Seattle in 2000, it's called COMPASS, Community Mapping, Planning and Analysis for Safety Strategies http://nord.twu.net/compass.html). Here's another one of my reasons: the Communitarian Law newsletter/subscriber list at GWU: http://www.lsoft.com/scripts/wl.exe?SL1=COMMLAW&H=HERMES.GWU.EDU (it has 1,965 members).[[Niki Raapana ~~~~]]" ACL correspondence with Antonio Rossman regarding his above cited quote First reponse from Tony Rossman on August 11, 2005: Just got your email , having been away and out of email for a while. Let me look your material over as I catch up after few weeks away. In a nutshell I was equating communitarianism with representative democracy (which may now seem a faux pas in this age of terminology) and meaning to say the Court would not allow a single spoiler to thwart community will to redevelop what the community as a whole considers blight. That does not mean that democracies cannot prove oppressive or unenlightened; as I indicated in my remarks, the Court would not categorically rule out the use of eminent domain, but left it to the States to fix the abuses. The subsequent reaction to Kelo seems to bear out that the Court's intent is being carried out; the proposals to reign in unfortunate uses of eminent domain appears even to have reached the Governor of Connecticut, source of the problem in the first instance. So let me check out your site and understand your views and see what dialogue may be profitable. Thanks for writing, and again regrets at my delay. Tony Rossmann On 7/27/05 1:21 PM, "Niki Raapana" > Dear Professor Antonio Rossmann, > > In a recent interview in the Wall Street Journal you explained that the Kelo > decision was a "benign communitarian decision." You also claimed that "The > court said we aren't going to be the engine for that anti-communitarian > process." > > A Closer Look at Eminent Domain- What the High Court's Decision May Mean for > Homeowners by STEVEN SLOAN / href=http://www.realestatejournal.com/search/index.asp>Wall Street > Journal 24jun2005 href=http://www.mindfully.org/Reform/2005/Eminent-Domain-Supreme24jun05.htm>ht > tp://www.mindfully.org/Reform/2005/Eminent-Domain-Supreme24jun05.htm > > We are very interested in what you meant by identifying communitarianism as > "benign," and how you interpreted the high court's decision to say they > "weren't going to be the engine for that anti-communitrian process." > > Communitarians create self-appointed, unelected councils that are mostly > unknown to the local voting populace (which are quite often unknown to local > elected representatives). How does a benign communitarian decision endorse > people acting through their representative government? > > It appears you and I have both publically identified the communitarian > purpose for Kelo. Our website is devoted to exposing communitarianism as a > fraud. Are you interested in an online debate against us, at our website, > over the constitutionality of communitarian decisions in the United States? > > Sincerely, > Niki Raapana, Anti-Communitarian League > http://nord.twu.net/acl Federal Courts Flowcharts by Karl Manheim. Will every former nation need to establish a Justice Communitarian Administration to hear the cases? What administration level will direct the Communitarian Police regarding whom to investigate, for what "crime," and when to make the arrests? Will requirements for warrants disappear? Romania's National Anti-Drug Agency posts a list of Bogdan Iasnic, Head of the Evaluation Coordination Directorate's published articles and works, which includes: Communitarian Police - NATIONAL Publishing House, 2002, Bucharest. Mr. Iasnic was also a consultant for: Justice Communitarian Administration - 2nd Edition - EXPERT Publishing House, 2001, Bucharest. Section on National Security Law Outsourcing the War on Terrorism: Extraordinary Rendition, Shadow Warriors, Dirty Assets, and Battlefield Contractors (Program to be published in the Journal of National Security Law & Policy) Moderator: Peter Raven-Hansen, The George Washington University Law School Speakers: Jeffrey F. Addicott, St. Mary?s University of San Antonio School of Law Joseph Margulies, The University of Chicago, The Law School Steven L. Schooner, The George Washington University Law School A perpetual war on terror on a global battlefield stretches our military, intelligence and law enforcement resources to the breaking point. ?Outsourcing? missions to third parties, foreign police and intelligence officers, mercenaries and other ?shadow warriors,? and private contractors can extend our resources. We outsource interrogation and detention by extraordinary rendition to cooperative foreign states. We outsource covert operations by employing ?privatized? special operations forces, mercenaries, or local ?dirty assets? who violate their own states? laws. We outsource interrogation, personal security, or other battlefield missions by contracting with private corporations. Each of these methods of outsourcing lets us, in effect, wage the war ?off the books.? But does it also take the outsourced missions off the law books? Whatever the method, outsourcing poses some or all of these questions: What is the legal authority for it? Do the laws that control the ?principal? in an outsourcing relationship apply to the ?agent?? If not, what laws apply instead? How are they enforced? Who oversees the relationship? To what extent, if any, is the principal accountable for the acts of the agent? The panel will address such questions by examining a range of methods by which missions in the war on terrorism have been outsourced. Lecturer Margulies, counsel in Rasul v. Bush and for Mamdouh Habib (who was rendered to Egypt where he was allegedly tortured), will discuss extraordinary rendition. Professor Bradford, author of The Laws of Armed Conflict and Transnational Security in the Age of Terror (2005), will discuss outsourcing covert operations to private ?shadow warriors.? Professor Addicott, author of Winning the War on Terrorism (2003), will discuss contractors on the battlefield. Professor Raven-Hansen, co-author of the casebook National Security Law (4th ed. forthcom 2006) will moderate. Section on International Human Rights Law Out of Bounds? Considering the Reach of International Human Rights Law Moderator: Deena R. Hurwitz, University of Virginia School of Law Topics and Speakers: The Approach of the Inter-American System: Christina Cerna, Senior Human Rights Specialist, Inter-American Commission on Human Rights, Washington, District of Columbia Comparative Models: John Peter Cerone, New England School of Law U.S. Exceptionalism: Michael Ratner, President, Center for Constitutional Rights, New York, New York Scope of Application of the ICCPR and other Human Rights Treaties: Andre M. Surena, Office of the Legal Advisor, U.S. Department of State (ret.), Washington, DC The Approach of the European System Nina Vajic, Judge, European Court of Human Rights, Council of Europe, Strasbourg, France In the decades following the adoption and entry into force of the major human rights treaties, the capacity of states to project their power beyond their borders has dramatically increased. A crucial consequence of the projection of this power is the increasing breadth of the state?s impact on the enjoyment of human rights in territories far beyond its physical frontiers. In addition to traditional situations of armed conflict and cross-border law enforcement operations, individuals today may find themselves in the power of states in fairly complex configurations. States are increasingly operating through multilateral frameworks, e.g. through the United Nations or regional peacekeeping operations with increasingly expansive mandates. In addition, states are now purporting to create zones beyond the reach of their human rights obligations. The United States detention facilities at Guantanamo Bay, on U.S. ships, and in secret locations, as well as Australia?s use of Pacific island territories for asylum seekers raise controversial questions as to the nature and purpose of human rights norms. Whether such extraterritorial conduct is beyond the reach of the relevant states? obligations under international human rights law is a question very much alive before international courts and human rights mechanisms. Increasing numbers of cases involving alleged human rights violations committed outside the physical territory of the state are being adjudicated in various international fora. These institutions have already developed a varied jurisprudence, accepting extraterritorial application of norms to the different scenarios to differing degrees. While there has recently been some normative convergence, the enthusiastic approach of the Inter-American Commission on Human Rights remains in sharp contrast to the cautious methodology of the European Court of Human Rights. And while the International Court of Justice in its recent Advisory Opinion on the Israeli wall found both International Covenants to apply extraterritorially, the brevity of its analysis leaves many unanswered questions. The broad range of cases encompasses a similarly broad range of issues. Should states be bound by human rights treaties with respect to their extraterritorial conduct? If so, in what circumstances and under what theory? Will different standards be required for acts or omissions? for failing to respect or failing to ensure? for civil and political rights or economic and social rights? for the acts of officials and the acts of private agents? What weight should be given to the intent of the drafters in such cases? And how do the standards differ between treaty and customary law? What about treaties developed within and for a particular geographic region? Do such treaties apply only within the legal space of those regions? Should they? This panel will bring together scholars, practitioners, and international judges in an attempt to answer these questions. The panel will have five speakers and a moderator. Business Meeting at Program Conclusion Section on Law and Communitarian Studies A Conversation About Abortion Moderator: Robert F. Cochran, Jr., Pepperdine University School of Law Speakers: Jack M. Balkin, Yale Law School Teresa S. Collett, University of St. Thomas School of Law Elizabeth B. Mensch, State University of New York at Buffalo School of Law Given the lack of thoughtful public debate about abortion in recent decades, it would appear that the answer to the question raised by Professor Mensch and Alan Freeman in the title of their thoughtful book, The Politics of Virtue: Is Abortion Debatable? (Duke, 1993) is ?no.? But it may be that the time is right to re-open discussion on this difficult issue. It may be that pro-life losses at the courthouse and recent pro-choice losses at the ballot box may have opened up the opportunity for discourse. Some of the ?judicial opinions? in Professor Balkin?s newly published What Roe Should Have Said (Yale, 2005) suggest the possibility of a conversation (the opinions of others suggest not). For communitarians, concerned with the nature of our public discourse, the importance of a reasoned conversation about this issue is paramount. One wonders whether any Supreme Court nominee of any position or non-position on this issue will be able to get a vote from any foreseeable United States Senate. The abortion issue brings to mind several communitarian themes. Should the unborn child be a part of the community? No other issue is so dominated by (in Mary Ann Glendon?s phrase) ?rights talk.? Is this an area where ?rights talk? of unborn children, of pregnant women is appropriate? Or has ?rights talk? made thoughtful discussion of this issue impossible? Communitarians prefer to resolve issues through intermediate communities and persuasion, rather than law. Is this issue appropriately left to persuasion, rather than law? The abortion debate has been framed in Enlightenment liberal terms rights, privacy, due process. Is there communitarian language with which we might better address this issue? Hear contributors to the above-mentioned books address this important issue. Appendix ACL correspondence with Professor Antonio Rossman regarding his above cited quote. Furman Center for Real Estate and Urban Policy, NYU holds a Seminar on "Community Development Law," including "Property Theory: This seminar, taught by Professor Wyman, examines contemporary debates about property using a range of legal, historical, and philosophical materials. The seminar begins by considering four theoretical approaches to property law: the classic utilitarian justification for private property; the Lockean case for property; contemporary rights-based theories of property; and communitarian perspectives. The seminar applies these approaches to live controversies in areas such as environmental and intellectual property law. Drawing on the four theoretical perspectives, the seminar then addresses a range of topics, including property and economic development, the tragedy of the commons, the limits of property rights and markets, social norms, takings, and reparations." [emphasis added] ContractsProf Blog A Member of the Law Professor Blogs Network is advertising: "Samuel Johnson once wrote that no one but a fool writes for any reason except money. The Communitarian Network-a group of academics and others dedicated to pursuing communitarian ideas in law-is taking that lesson to heart with a very market-oriented approach for stimulating thinking on the subject: cash prizes.// The group is offering three prizes of $10,000, $5,000, and $2,500 on "philosophical, sociological, or other elements of communitarian thinking. Deadline is December 31, 2005; selections will be made by a Daniel Bell, Hans Joas, and Amitai Etzioni." [emphasis added] (We've received email confirmation, our December 31, 2005 before the last hour email submission was accepted. We're very excited to have our essay included in a contest for cash!) Talk:Communitarianism at Wikipedia.org. ACL founder tries to get Wiki to include a section on communitarian law. Update December 8, 2005: Wikipedia editors agree communitarian law exists. Update: January 12, 2005: Communitarian Law is added as one of the now 3 main topic areas. We won another debate on the talk communitarian page. (The first was to include a link to opposition websites. I should add a link under ours to American Freedom Press. They call our wins "reaching consensus," but ACL studies have been a long upward climb with very little feedback, so we prefer the term "winner!" I could probably win a debate on Wiki about consensus too.) Related ACL Articles United Nations' Local Agenda 21- The quiet law Community Government 101 Balancing U.S. Law against Talmudic Law The Roosevelt Neighborhood Plan Community Policing U.S. States's COMPASS-GIS Database Dawson et. al. v. The City of Seattle et. al., currently in Ninth District Court of Appeals ACL's Whole System's Management Charts: U.S. Constitutional Law versus Communitarian Law: Chain of Command and Rule of Law Who's on first? Big Mother's Game Plan: Checkmate Federal Flow Charts by Karl Manheim |
Wow! What a collection of information.
ReplyDeleteNiki,
If there was a way for you to take all of your information and put into a simple paragraph, making it acceptable for a 5th grade reading level, maybe you could improve what you have. I've found what you've written to be easy to understand--you just have to find people that will read about Agenda 21 and communitarianism.
As you know, most people want to stay inside the box our education system and media have confined them to thinking inside of. Like an institutionalized prisoner that needs prison bureaucracy deciding their every action, inside the box we need to be told what to think about, debate, and so on... Most people have been so institutionalized they view knowledge from outside the box as the twilight zone and outer limits, someplace they don't want to have to think about.
Keep up the good work, researching and writing for those of us that can still think outside the box,
Kevin
Hi Niki,
ReplyDeleteIt's been a while....but just thought I would drop you a quick line and stir up your adrenaline again...
It is inherently just as impossible to 'live outside the dialectic' as it is to 'live outside' of your dad's fertilization of your mother's egg...Both genetic evolution and socio-political-economic-philosophical-psychological evolution take place within a countless number of dialectic syntheses -- some good, some bad, some ugly. The minute you decided to 'step outside -- and furthermore, 'live outside' -- any and/or all present 'dialectics' or 'dialectic syntheses', you were 'starting up a new one'...of which I, for one, am 'living outside' -- or maybe not entirely, depending once again on perspective. Because we seem to share an 'anti-Big-Government/anti-Big-Corporation sentiment relative to any resulting 'syntheses' -- or better perhaps stated -- 'anti-democratic collusions'...
But, of course, that is my own perspective....
'You were right from your side,
I was right from mine,
We're just one too many mornings,
And a thousand miles behind...
-- Bob Dylan (One Too Many Mornings)
Or are we?
David Gordon Bain,
Author of 'Hegel's Hotel: Balancing Opposing Theories, Ideologies, Lifestyles...'