Authoritarian Period Research Articles

Ponadczasowość regulacji prawnych dotyczących niewypłacalności

The study describes the legal regulations concerning insolvency in the period of the Second Polish Republic. The political system of the Republic of Poland in the years 1926–1935 is described as authoritarian in order to distinguish it from the total fascist system.
 The difficult economic and financial situation of the Polish state during the post-partition period required state interference in introducing legal regulations ensuring protection of creditors, while taking into account the rights of debtors who became insolvent for no fault of their own. Bankruptcy became a society-wide problem, albeit of varying severity. The study describes legal regulations concerning insolvency, which are included both in the Ordinance of the President of the Republic of Poland of 24 October 1934, the Law on Settlement Proceedings (Journal of Laws of 1934, No. 93, item 836, with binding force from 1 January 1935), and in the Ordinance of the President of the Republic of Poland of 24 October 1934, the Bankruptcy Law (Journal of Laws of 1934, No. 93, item 834, with binding force from 1 January 1935). The above-mentioned legal acts contained regulations adjusted to the state of insolvency, which is the result of the debtor’s difficult economic and financial situation. The state of the debtor’s insolvency or the threat of insolvency determined whether it was possible to conduct a procedure in which the debtor entered into an arrangement with creditors or whether the debtor should be declared bankrupt.
 In the case of bankruptcy, a trustee appointed by the bankruptcy court managed the assets of the bankrupt, constituting the bankruptcy estate, and the bankrupt was deprived of the right to manage their assets. The main purpose of bankruptcy proceedings was to sell the assets included in the bankruptcy estate and to achieve equal satisfaction of creditors of the bankrupt debtor. The course of these proceedings was different and depended on whether it was possible to make an arrangement with the creditors or whether it was necessary to implement procedures related to the liquidation of the bankrupt debtor’s assets. Although both legal acts were enacted in the interwar period, they were in force until the entry into force of the Act of 28 February 2003, the Bankruptcy and Reorganization Law (Journal of Laws of 2003, No. 60, item 535), that is, for almost 60 years. Therefore, regardless of the changes in the political system of the Polish state, the insolvency regulations from the authoritarian period in the Second Republic remained in force for many decades. The timelessness of these regulations is confirmed by the fact that some of the legal regulations that were enacted in 1934 are still applied today, although they have been partially modified and adapted to the current economic situation. The entry into force on 1 January 2016 of the Law of 15 May 2018 on Restructuring Law (Journal of Laws of 2015, item 978) resulted in a return to the separation of legal regulations that can be implemented depending on the debtor’s difficult financial situation. The Restructuring Law currently regulates the proceedings enabling an insolvent debtor or a debtor at risk of insolvency to enter into an arrangement with creditors, the effects of an arrangement as well as the conduct of the rehabilitation proceedings. The purpose of the various types of restructuring proceedings is to avoid declaring bankruptcy. On the other hand, the Bankruptcy Law, similarly to the period of the Second Polish Republic, regulates the procedure, the main purpose of which is to achieve equal satisfaction of the creditors of the debtor in the bankruptcy to the highest possible extent, and only if rational considerations allow the debtor’s current enterprise to be retained.

Between Two Millstones, Book 1: Sketches of Exile, 1974–1978

Between Two Millstones, Book 1: Sketches of Exile, 1974–1978

The paradoxical effect of democratisation on the South Korean education system in the 1980s and early 1990s

ABSTRACT Educational grievances made educational democratisation an important issue in the 1980s and 1990s during South Korea’s democratic consolidation. Educational democratisers sought to address these through greater freedom and autonomy for teachers, students and parents combined with teacher unionisation. Some of the excesses of the highly centralised, economically utilitarian educational system of the authoritarian period were mitigated in the 1990s, but reformers had to make a coalition with neoliberal bureaucrats to consolidate democracy. As a consequence, educational reforms focused on deregulation and student choice facilitated by diversified autonomous educational institutions, including private schools at all levels. This had the paradoxical effect of meeting some goals of the democratisers for choice and autonomy while eliminating the equalisation of schools that many of the democratisers also favoured.

Constitutional Transition and the Travail of Judges: The Courts of South Korea

Professor Marie Seong-Hak Kim has written an excellent book, one that should be read by everyone interested in South Korea’s legal system, as well as those interested in the complex and multifarious roles courts play in authoritarian political regimes everywhere. Some will take issue with Professor Kim’s overall assessment, that during South Korea’s authoritarian era the courts generally performed admirably, given the political constraints under which they operated. Her arguments are clear and reasoned, however, and she refers regularly to possible counterarguments as she presents her analysis. This Review will present a general description of the book’s contents, followed by a discussion of some of Professor Kim’s specific arguments. In Chapter 1, Professor Kim places her study of South Korea within the growing scholarly literature on courts in authoritarian regimes. Korea was ruled by Japan from the early 1900s until 1945, and South Korea was then under U.S. military occupation until 1948, so South Korea’s own authoritarian period runs from roughly 1948 through 1987, a period which saw democratization and the enactment of the current constitution. In terms of typology, South Korea’s particular authoritarianism was heavily influenced by the Cold War, opposition to communist North Korea, and the country’s status as a key ally of the United States. These circumstances were reflected in an authoritarianism that generally respected private property and an expansive role for markets, despite noted efforts at industrial policy, while the political sphere included multiple parties, periodic elections, an active press, and promises that eventually democracy, the rule of law, and liberal legality would be achieved. South Korea is also among the exemplars of authoritarian legality that has successfully transitioned to democracy, and one of Professor Kim’s interests is how the behavior of the courts during the authoritarian era affected both how democratization occurred, and how law has functioned subsequently.

Historia y organización política de Jesús del Monte, Texcaltitlán, Estado de México, 1890-2018

El objeto de estudio del presente artículo es la forma de gobierno de Jesús del Monte, una ranchería en el municipio de Texcaltitlán, al sur del Estado de México; en función de ello, se analizan: autoridades en la localidad, acceso al poder, formas de participación y comunidad política. Los datos para el análisis se obtuvieron mediante trabajo de campo, vía observación y entrevistas a los habitantes. A lo largo de este recorrido histórico, se concluye que en la actualidad la ranchería Jesús del Monte es democrática, luego de pasar por periodos de autoritarismo y anomia. Además, la información aquí concentrada abona a la comprensión de que las localidades pueden ser heterodoxas, uno de los numerosos factores que determinan lo complejo que es el Estado de México.

ГАЗЕТА «ЧАС» (ЧЕРНІВЦІ, 1928–1940 рр.): НАЦІОНАЛЬНА ЄДНІСТЬ І ДОЛАННЯ КОРДОНІВ

The article comprehensively examines the specificity of implementation of the concept of national unity upon the columns of the daily newspaper Chas (Chernivtsi, 1928–1940s). The article highlights the issue of impact of the regional press on shaping and establishing idea of national unity among Ukrainians under the conditions of occupation, assimilation and oppression by the Romanian authorities. There were two stages in the publication’s history: the first: 1928–1937, and the second: 1937–1940s. As a result of the qualitative content analysis of the newspaper, it was elucidated that its publishers and journalists focused mainly on the socio-political and cultural life of Ukrainians in Bukovyna, Dnieper (Great) Ukraine, Galicia, Transcarpathia, and Ukrainian émigré communities. It is shown the Chas employed such valuesemantic models to implement the concept of national unity: social cohesion, language, common historical memory, patriotic education, development of education, national elite, common economic interests, shared national heroes, national literature, in particular – Shevchenkiana, cultural traditions, art, religion, a common enemy – the occupiers powers (Romanians, Polish, Soviet, Hungarian) as well as the national idea – a united independent Ukraine. The newspaper acted as a communicative environment for all subjects of Ukrainian public life upon the Bukovynian territories during the Romanian interwar occupation. It is argued here this Ukrainian periodical managed to pursue its editorial line under constant siege and total censorship during 1938 – the 1940s, during the period of authoritarianism and royal dictatorship in Romania. Our study proves that despite these constant restrictions, this daily did not deviate from the principles of the Ukrainian national unity. Additionally, we argue here that throughout the newspaper’s history the topics of the Ukrainian state-building, anti-Bolshevik struggle as well as Shevchenkorelated publications were highlighted to consolidate Ukrainians in North Bukovyna on the way to achieving the nation-state ideal. Keywords: national unity, Chas newspaper, Northern Bukovyna, Romanian occupation, editorial line.

How South Koreans Remember the May 18 Gwangju Uprising: Political Collisions Around Commemorative Practices in the 21st Century

Since 1997, South Korea has annually held commemoration ceremonies for the victims of the Gwangju Uprising that unfolded in the capital of South Jeolla Province from May 18 to May 27, 1980. Beginning with peaceful demonstrations of Gwangju citizens against a state of emergency imposed across the country by the military regime of Chung Doo-hwan, the confrontation with the authorities turned into an armed clash with a regular army. Although the Gwangju Uprising was suppressed by the government, it had a huge impact on the further development of the democratization movement, which resulted in a peaceful transition from a military authoritarian regime to a democratic one in 1987. Maintaining the memory of the Gwangju Uprising is considered today a major state task, aimed at the formation of civil society institutions in South Korean society. However, different political groups have unambiguous views on May 18 Democratization Movement. The controversy between conservatives and liberal-progressive groups over the organization of the commemoration ceremonies of the Gwangju Uprising demonstrates different perceptions of the recent past, as well as how maintaining the memory of this past in proper form can influence the formation of national identity. If the political career of modern liberal-progressive politicians began with participation in the movement for democratization in the 1970s–1980s, then the conservatives are more connected with those parties and political forces that ruled in South Korea during the period of military authoritarianism. Revealing the truth about violations of civil rights and freedoms by the previous administrations is regarded by conservatives as a blow to their current reputation that can weaken their political position.

Reelaborações da ditadura chilena na narrativa de um homossexual: Tengo miedo torero, de Pedro Lemebel

Pode-se dizer que a literatura latino-americana contemporânea é caracterizada por uma constante reelaboração do passado e da história oficial que nos contam. Nesse sentido, um traço importante do projeto literário de Pedro Lemebel é a reconstrução dos anos de ditadura militar chilena. Nosso artigo apresenta uma leitura do romance Tengo miedo torero, publicado por Pedro Lemebel, em 2001 [2002], com o objetivo de perceber como o referido autor narra o período de autoritarismo no Chile.

Interpretive Complexity and Crisis: the History of International Aid to Myanmar

In the last two decades, Myanmar has gone through profound political changes. Over this time, humanitarian and development interventions by Western donor agencies have been guided by shifting and simplified narratives of the political context. During periods of military authoritarianism, quasi-democratic government and the recent period of rule by the National League for Democracy, donors have also faced moments of ‘interpretive crisis’, where predominant assumptions about political figures or program strategies no longer align with outcomes. Over time, and through their unstable and shifting interpretations, Western donor agencies have often failed to work coherently and accountably with Myanmar state or non-state actors. Decisions about how, and to whom, aid is channelled have amounted to decisions about who are legitimate socio-political actors and agents of change. Aid has therefore influenced power balances in Myanmar and has had significant unintended consequences on development and political dynamics on the ground.

Z rozważań nad polskim autorytaryzmem. Pewność stanowiska sędziego w Konstytucji kwietniowej

<p>Rozważania w niniejszym artykule zostały osadzone w rzeczywistości autorytarnej Polski. Fakt ten podkreślono w tytule i uznano za okoliczność determinującą kierunek i zakres czynności badawczych. Artykuł podzielono na trzy zasadnicze części. W ramach pierwszej przypomniano o podstawowych faktach wiążących się ze statusem sądów w autorytarnej Polsce. Przyjęto szerokie rozumienie tytułowego pojęcia. Pewność jest w tym wypadku tożsama ze stabilnością stosunku służbowego i obejmuje nie tylko nieusuwalność, nieprzenaszalność i niezawieszalność, lecz także przewidywalność i transparentność awansów oraz warunków służby, zwłaszcza w zakresie kształtowania uposażeń. W drugiej części opracowania przeprowadzono analizę konstytucyjnej regulacji pewności stanowiska. Część trzecia zawiera uwagi o faktycznej roli konstytucji; obejmuje ona ustalenia mające za przedmiot sposób, w jaki uregulowano tytułową instytucję w aktach normatywnych niższego rzędu oraz uwagi o praktyce stosowania prawa. Badania prowadzą do wniosku, że pewność sędziowskiego stanowiska była iluzoryczna. Podważano ją konsekwentnie we wszystkich trzech sprzężonych ze sobą poziomach: konstytucyjnym, ustawodawstwa zwykłego i praktyki stosowania prawa.</p>

Nas margens, uma crítica

Fazendo das relações entre cultura e política um ato de cumplicidade, Beatriz Sarlo é um dos nomes que mais se destacam no cenário da crítica literária argentina e, principalmente, nos debates do que se convencionou chamar de estudos culturais latino-americanos. Nascida em 1942 em Buenos Aires, e descendente de famílias imigrantes, Beatriz Sarlo se graduou em Letras pela Universidade de Buenos Aires no ano 1966, quando tem início a ditadura militar argentina. Durante o regime autoritário, à margem da universidade e de uma formação acadêmica continuada, desenvolveu atividades em grupos editoriais e em revistas de crítica literária e cultural, espaços “alternativos” que foram decisivos em sua formação intelectual.

Understanding the Emergence of Authoritarian Capitalist States: Looking Backward to See Forward

This paper examines how contemporary analysts can use the analytical legacy of earlier Marxist writers on fascism and authoritarianism to understand the present. I argue that the emergence of dictatorial rule in a capitalist society once organized by parliamentary institutions can best be interpreted as a response to an intensifying crisis of representation within parliamentary democracy. These crises come as changing material conditions disrupt systems of patronage and support that had previously integrated or embedded populations into a deceptively stable capitalist growth process. This analysis draws on Marx’s original analysis in The Eighteenth Brumaire, Gramsci’s and Trotsky’s writings during the interwar period, and the early postwar analysis of Nicos Poulantzas. The article does not find the state monopoly capitalist tradition of this era to be particularly useful for understanding present (or past) periods of capitalist authoritarianism. JEL Classification: B1, B2, B3, B5

Who are we?

Abstract This paper analyzes how political aspirations and convictions during Taiwan’s authoritarian period (from the 1940s to 1996) are expressed through first-person plural pronouns. Combining both corpus-assisted method and discourse historical analysis (DHA, Wodak et al. 1999), we compared the speeches delivered by the presidents – Chiang Kai-shek (CKS, 1955–1975), Chiang Ching-kuo (CCK, 1978–1988), and Lee Teng-hui (LTH, 1989–1996) – from the one-party domination era to the time of the direct presidential elections in 1996. Moreover, by locating lexical items in the co-texts and checking the collocates, we have tried to find referents of we against changing socio-political contexts. The meaning of we has changed from representing Chinese compatriots on the Chinese mainland and the revolutionary militia in CKS’s speeches to an over-inclusion and more hearer-dominant (HD) we in CCK’s speeches. A “wandering we” was found in LTH’s speeches with which a well-defined national collectivity was difficult to identify in the late 1980s.

Horror on the Periphery of Modernity:The Invention of the Baixada Fluminense and the Legendary Tenório Cavalcanti

The 1950s stand out as the “Golden Years” in the collective memory of many Brazilians. Sandwiched between the authoritarian periods of the Estado Novo dictatorship led by Getúlio Vargas (1937–45) and a military dictatorship (1964–85), the decade was a time of great optimism for the country's future. Many hoped that the country would enjoy a lasting democratic system accompanied by the ever-increasing trappings of modernity. Indeed, a surge of economic growth and industrial development during Vargas's return as a democratically elected president (1951–54), followed by a massive industrialization program crowned by the construction of the ultramodern capital of Brasília under Juscelino Kubitschek (1956–61), gave true believers reason for optimism.

NETIZEN DALAM KAMPANYE PILPRES RI 2014

The efforts to involve netizens in disseminating information about the candidates of president and vice president became a significant campaign strategy in the Indonesian’s president election 2014, especially for the beginners and middle-class voters. It is to confirm that the country with experienced a long period of authoritarianism tends to begin the political consciousness by rising awareness in which the community has turned into an active community and full of ideals. The middle class is the appropriate target for political campaign in social media, because of their highly movement in the cyber space. The other reason the new voter (beginners) are also targeted in the social media campaign during the Indonesia’s president election because their frequent access to social media. By using thick description of qualitative methods, the study illustrates how Indonesians netizens play a role in political communication strategy in social media during the campaign period. The future of Indonesia democracy should consider the role of netizens in order to develop ideal political communication strategy.

Revolutionary diplomats? Introduction to the study of North African foreign policies within the context of the Arab Spring

ABSTRACTThis article explores the concept of ‘revolutionary diplomats’ that is central to this guest-edited issue of The Journal of North African Studies. Specifically, we explore whether the political openings associated with the Arab Spring beginning in January 2011 have permitted the emergence and/or re-emergence of state and non-state actors that are capable of challenging the foreign policy supremacy of authoritarian presidents, and therefore playing more important roles in the formulation and implementation of their countries’ foreign policies. We do so by focusing on the North African countries of Algeria, Egypt, Libya, Morocco and Tunisia. The first part of this article explores North Africa’s status within the Arab Spring and broader Foreign Policy Analysis literatures, most notably the foreign policy shortcomings associated with an inherently case study approach that dominates these literatures. A second section examines three theoretical approaches (‘big man’, great power, and dependency theories) that typically have been adopted to explain North African foreign policies. The primary dilemma with these theories is that they limit our understanding of North African foreign policies to either North African rulers or external powers. A third section sets out a domestic actor approach to North African foreign policy, which underscores that a host of state actors (such as the Ministry of Foreign Affairs) and non-state actors (such as civil society groups) play varied foreign policy roles. The foreign policy influence of these actors has ebbed and flowed during democratic and authoritarian periods alike, including during the Arab Spring.

1980년대 이후 한국 대통령 연설문에 나타난 민주주의 담론 변화 연구 : 권위주의 시기, 민주화 이행기, 민주화 이후 시기의 비교를 중심으로

1980년대 이후 한국 대통령 연설문에 나타난 민주주의 담론 변화 연구 : 권위주의 시기, 민주화 이행기, 민주화 이후 시기의 비교를 중심으로

Attitudes toward democracy and authoritarianism before, during and after military rule. The case of Chile, 1972–2013

ABSTRACTStudies on attitudes toward democracy in post-authoritarian settings tend to overlook support for democracy before the authoritarian experience. Since authoritarian experiences are alleged to affect attitudes towards democracy and authoritarianism, we use the case of Chile to assess the determinants in support for democracy between 1972 and 2013. Estimating marginal effects and predicted probabilities for probit models on polls conducted before and after military rule (1973–1990), we find weak support for authoritarianism before 1973 and stable support for democracy before, during and after military rule. We also review public opinion polls for the authoritarian period to show stable support for democracy. Since democracy was restored, views on the military regime have worsened. The authoritarian experience did not change the determinants of attitudes toward democracy. Those in the middle class and leftists supported democracy more strongly before, during and after military rule.

Prensa Local y régimen autoritario: el caso de la Folha de São Borja en los años 70

The focus of this piece organizes itself in the sense of discussing the local press during authoritarian periods, as well as its part and form of acting in frontier cities. It articulates the production of Folha de Sao Borja newspaper, which started publication in the seventies, and its strategies of legitimizing its own speech ahead of the government intervention of Emilio Garrastazu Medici and the expansionist national ideology widespread by the government at the time.

Brazil in Transition: Beliefs, Leadership, and Institutional Change

The title of Stefan Zweig's 1941 book Brazil: A Land of the Future captured an age-old Brazilian notion with roots in the colonial period. The country's vast land mass and bountiful resources, so the widely held belief goes, portend a propitious future for the continent-sized country. Cynics, however, like to quip that “Brazil is the land of the future, and it always will be.” This important volume on recent political and economic transformations in Brazil rejects that pessimistic prediction and forcefully insists that despite bumps in the road, the country is, indeed, on the way to sustainable development that will take full advantage of the nation's riches to offer greater prosperity for all.Analysts, including the authors of this collection, have argued that the center-right government of Fernando Henrique Cardoso (1995–2003), and that of his center-left successor, Luiz Inácio Lula da Silva (2003–10), set Brazil on a course toward economic and political development. Many have insisted that there was more continuity than change in the programs and policies of the two administrations and that it was merely the scale of the different social benefit safety nets and Lula's charisma and communication skills that explain his popularity, in spite of early scandals such as the mensalão vote-buying affair. The export commodities boom of the last decade, many posit, also contributed significantly to Lula's record-breaking approval rating. However, the authors of this volume contend that it is actually the widespread belief in politics of social inclusion coupled with sound orthodox fiscal and economic policies that are the crucial factors in the recent optimistic assessment of the country's future potential.According to this perspective, nationalist developmentalism, which was the hallmark of economic policies during the military dictatorship (1964–85) and relied on state-run industrialization based on foreign indebtedness, failed in its goals. The withdrawal of support by industrial and banking sectors marked the demise of the regime. During the process of democratization, policies of social inclusion coupled with the sharp rise in inflation initially provoked a political crisis that was overcome with Cardoso's economic stabilization plan and an expansion of social programs that were based on solid economic and fiscal policies, which continued when Lula came to the presidency in 2003. While acknowledging the possibilities that ideology, conjunctural economic opportunities, interest group pressure, or Lula's personality might explain the noted shift to lower levels of inequality and higher redistribution rates, the authors insist that a societal shift toward supporting policies of social inclusion, which have become institutionalized and embraced by the middle classes, is the foundation for sustainable development.This book was published on the eve of President Dilma Rousseff's impeachment. Therefore, it cannot be faulted for being unable to predict the new policies and actions of Michel Temer's presidency. Yet recent events will inevitably lead the reader to wonder if the authors' model still holds. Social scientists disagree about the nature of the 2013 mobilizations. Protests articulated diverse demands ranging from a call to fulfill and expand the social services promises (health, education, and transportation) of the Lula-Dilma governments to demands for the end of the Workers' Party's time in power. By 2015, the mass street demonstrations took on another character. The outcry against the Petrobras kickback and corruption schemes and a systematic campaign for the impeachment of the president seemed to dovetail with upper-middle-class repudiation of the social inclusion programs that the authors of this volume insist are at the core of Brazil's new belief consensus. At the time the anti-Rousseff protests were seen as a particularly Brazilian phenomenon. However, the worldwide wave of right-wing movements coming to power this last year casts a new shadow on our understanding of those events. Is the Temer government a momentary shift to the right, or does it reflect an international trend with Brazilian manifestations?Minor errors, such as placing President Artur da Costa e Silva's stroke and the transition to the Emílio Garrastazú Médici presidency in 1968 rather than in 1969 and asserting that “strikes by workers [and] student protests” were a result of Institutional Act No. 5 rather than among the many triggers of the December 1968 decree, notwithstanding, the volume's historical summary of the military regime's economic policies is laudable (p. 63). The authors develop a much more variegated analysis of the authoritarian period that goes beyond the moderate / hard line binary, which has oversimplified many analyses about the dynamics of different political forces battling among the ruling generals. Whether the authors' predictions hold up about the sustainability of a new belief system that continues to favor social inclusion remains to be seen.