Modern European State Research Articles

The Holy See’s Charter of Rights of the Family and the Family Law of Contemporary European States

After presenting the main provisions of the Charter of the Rights of the Family, announced by the Holy See on 22 October 1983, the paper discusses the key directions of changes taking place in almost all modern European states in the last three decades. Solutions concerning so-called same-sex marriages or partnerships, adoption of children by homosexual couples, and surrogacy are included. The manner in which the solutions in individual European countries are implemented is examined to illustrate the corresponding changes chronologically. The paper also touches on the following: the evolution of the ECtHR jurisprudence in cases concerning relationships between homosexual persons, hate speech by reason of sexual orientation and gender identity, and the age of legal sexual intercourse. The ECtHR jurisprudence is illustrated with representative examples of judgements, and the latter two issues are highlighted on the basis of the adopted statutory solutions. Finally, the responses of the Polish legislator to the described changes are discussed, followed by conclusions.

A rágalmazás „tényállása” az Ószövetségben és a rabbinikus jogtudományban

The Law of Moses, the Torah, does not explicitly divide the crimes that can be committed in the field of communication into criminal and civil categories, contrary to the legal system of modern and postmodern European states. In the theocratic legal system of the ancient state of Israel, where all sins against human beings were first and foremost offences against God (i.e., being a holy nation, they were also a matter of holiness), this distinction was at most separable in the way in which cases were dealt with, and in the fact that prosecution of certain crimes was mandatory, while prosecution of others was, in modern terms, on the basis of private accusation. The Ten Commandments forbid two acts of communication: the vain (empty, meaningless, false, blasphemous, etc.) use of the name of God (Yhwh), and, in human relations, bearing false witness against someone. In my study, I intend to give an overview of the latter element of the Ten Commandments as a general clause, using the Torah and the sources of rabbinic jurisprudence and relevant literature in a historical context.

Socio-Spatial Multiplicity in World Politics: Non-Western Regional Imaginations of the Indo-Pacific

Abstract Originally a biogeographic term, “Indo-Pacific” is increasingly replacing “Asia-Pacific” in political discourse. This is not merely a linguistic matter but also has political implications. However, the meaning of “Indo-Pacific” remains unclear, and its implications are contested. While it has attracted the attention of a wide spectrum of political pundits, the regional designation “Indo-Pacific” is used to describe a space of global cooperation and geopolitical competition. This study makes two contributions by reexamining this debate. First, it helps lift the fog around the Indo-Pacific to gain a deeper understanding and encourage reflection on its current rise. Thus, it is situated within a growing body of literature that excavates the complex history of the Indo-Pacific by revisiting its Japanese wartime origins. Second, drawing on the emergent literature on multiplicity, this study shows how the term has historically invoked two different kinds of international relations in Japan. This suggests the importance of examining multiple socio-spatial imaginations internalized by diverse collectivities in the social space of international politics that goes beyond modern European state borders. Introduced by the Japanophile German geopolitician Karl Haushofer, the term was originally used to express the area of the Greater East Asia Co-Prosperity Sphere, a region that aimed to create a world order that differed from the Western one. This significantly contradicts contemporary usage by the Japanese government, which claims that universal values exist in the region.

Tendencies of Contemporary European National Communities’ Development in Context of Fourth Industrial Revolution and Globalization Processes

The article is dedicated to the issue of the development of national communities in Europe in the context of the influence of the Fourth Industrial Revolution and globalization, which mutually influence each other. The impact of these phenomena on the national communities of unified Europe has diverse consequences. In the context of globalization closely linked to Industry 4.0, as well as the phenomena of antiglobalism and Euroscepticism as reactions to it, the trends in the development of national communities in modern European states are highlighted. In Western European countries, the predominant process observed is the fragmentation of national communities. In Central and Eastern European countries that were under the influence of the USSR and became members of the EU and NATO at the turn of the 20th and 21st centuries, the reaction to globalization and Euro integration processes resulted in the rise of Eurosceptic and anti-globalist nationalism. In Ukraine, facing aggression from Russia and considering EU and NATO countries as allies, insufficient integration into the processes of globalization and the Fourth Industrial Revolution leads to predominantly Euro-optimistic tendencies in the trends toward national revival, without fostering skepticism towards globalization. It is demonstrated that the Fourth Industrial Revolution and globalization, mutually influencing each other, create conditions for weakening the role of national states both on the international stage and in the sphere of domestic political development. Social changes resulting from these processes have given rise to antiglobalism and Euroscepticism in EU countries, acting as corrective factors for globalization processes. Alongside regional separatism, political communities in Western Europe seeking separation remain within global and supranational structures. Desiring national revival through distancing from the past and integration with advanced countries of the Fourth Industrial Revolution, Ukraine maintains an open, inclusive character, supporting European and Euro-Atlantic integration.

Lahirnya Negara Islam Sekuler Turki dan Ide Pembaharuan Mustafa Kemal Attaturk

This article discusses the History of the Islamic State of Turkey and the Reform Ideas of Mustafa Kemal Atatürk. The birth of a modern state is derived from modernity ideas. The interaction between nations contributes to the transmission of ideas about the modern state. Similarly, in Turkey, the idea of the modern state in Europe was transmitted through Mustafa Kemal. As a figure who underwent military education in France, specifically at Picardie Manuvers, he had the opportunity to absorb reform ideas, leading him to transform Turkey into a modern state. Mustafa Kemal saw that the Ottoman Turkish government was not an ideal type of modern governance. The Sultan had absolute power and was not constrained by laws. There was no parliament to control the Sultan's authority. Additionally, the Sultan was powerless against Western influence in bilateral relations, as the West gradually dominated the Ottoman Turkish territory. Subsequently, Mustafa Kemal established an anti-government movement through his organization, Vatan, and boldly resisted the West, successfully reclaiming Turkey's territory from the Allies. Mustafa became renowned among the people and was considered a hero, receiving support and sympathy from the Turkish population.

POLITICAL ASPECTS OF THE HISTORY OF STATEHOOD OF EUROPEAN PARLIAMENTARY MONARCHIES

POLITICAL ASPECTS OF THE HISTORY OF STATEHOOD OF EUROPEAN PARLIAMENTARY MONARCHIES

To the question about the peculiarities of the implementation of the right to a constitutional complaint

It has been established that in modern European states there is a growing interest in the use of a constitutional complaint as a procedural tool for the protection of rights and freedoms guaranteed by constitutional acts. This means that people increasingly choose this method to demand the restoration of their rights violated by the actions or inaction of various bodies and officials. In other words, a constitutional complaint is an effective and efficient tool for the protection of human rights.
 It is emphasized that increasing citizens' awareness of their constitutional rights and the possibilities of using a constitutional complaint can contribute to more active inclusion of citizens in the process of protecting legal interests.
 It is noted that the appeal to the Constitutional Court helps ensure that all laws and decisions of state bodies comply with the Constitution. This is important for maintaining the principle of the rule of law and excluding the possibility of actions that would violate constitutional norms. It is also one of the ways of implementing constitutional control, which helps to ensure compliance of legislation with the norms of the Constitution.
 It is emphasized that when the Constitutional Court of Ukraine recognizes a certain norm of the law as unconstitutional, this norm loses legal force and is recognized as if it had never existed in the legal order. That is, it no longer has any legal force and cannot be used to regulate relations or make decisions. This position is important because the unconstitutional norm contradicts the Constitution of Ukraine, which is the main law of the country. When the Constitutional Court recognizes such a norm as unconstitutional, it is considered a final decision and once again recognizes the normative force of the Constitution as having priority over other laws. Therefore, the decision of the Constitutional Court, which recognizes a norm as unconstitutional, not only cancels this norm, but also deprives it of any legal force and recognizes it as non-existent. This ensures the primacy of the Constitution of Ukraine and guarantees that unconstitutional norms cannot be applied in the legal field.

The Concept of Political Correctness in Political Process of the Modern United Kingdom

The concept of political correctness is essencial for the modern Western political process. The aim of the article is to find out its role and place in the political discourse of modern right-wing political organizations. The case of the British right-wing radical political party «Britain First» can be explained, firstly, by the popularity of the ideas of political correctness in UK, and, secondly, by the importance of criticism of the semantic content and symbolic nature of political correctness for ideologists the British far-right. The results of the study show that criticism of the ideas of political correctness occupies one of the central places in the ideological discourse of the right-wing radical party in UK, as well as in the rhetoric of both major British politicians and public perception. To sum up, it is worth noting that modern right-wing radical political parties, of which «Britain First» can rightfully be considered a vivid example, which actively, instrumentally and competently highlights this issues in their discourse. They realize the importance of transformation of their ideology and complementing its nationalistic the core of the agenda, which, in one way or another, affects the social, cultural and political processes in modern European states.

RESIDENTIAL COMPLEXES BUILT BEHIND THE STATE INDUSTRY BUILDING IN THE STRUCTURE OF THE CAPITAL’S ADMINISTRATIVE CENTRE OF KHARKIV IN THE 1920S AND 1930S

The article is devoted to the history of the formation and features of three residential complexes: Chervonyi Promyslovets (1929–1931, architect S. Kravets), Budynok Spetsialistiv (1934–1936, architect L. Lemish), Novyi Pobut (1930–1932, architect M. Pokornyi), located near the new administrative centre of then the capital of Soviet Ukraine—Kharkiv. These complexes were created in the late 1920s and early 1930s and reflected the architectural and urban planning ideas, explorations, and concepts relevant in the early twentieth century. These include the idea of the garden city and the concepts of the commune house and the housing factory. The residential complexes Chervonyi Promyslovets and Budynok Spetsialistiv are a direct embodiment of the concept of a housing estate, and Novyi Pobut is a partial embodiment of the concept of socialisation of everyday life through the elements of a communal house. Looking at the overall structure of the complex of the capital’s administrative centre of Kharkiv, with its residential quarters separated from the administration and business centre by a broad green boulevard, we can note that this urban structure embodies the idea of a garden city. The article contains a compositional characterisation of all three complexes and describes their functional content and transformations through time. The article documents significant changes in the spatial planning schemes and approaches to the design of urban living environments, from perimeter development to free planning of neighbourhoods. The description focuses on documenting the monuments of modernist architecture in the capital city of Kharkiv, which is extremely important for consolidating its pivotal role in the world history of the Modern Movement. Since the preservation of architectural heritage is an integral part of the strategy of the modern European state and a prerequisite for understanding the value of the historic urban landscape and individual architectural objects, it is of utmost necessity and importance to document the architectural and urban heritage of metropolitan Kharkiv. The collected and structured material on the history of the construction and formation of residential complexes belonging to the administrative centre of the metropolitan Kharkiv, their spatial, compositional, and functional features will become the basis for preserving the historical character of the buildings and further development of the district. Keywords: Kharkiv, residential complex, house-quarter, Derzhprom.

Analysing The Diverse Perspectives On Balance Of Power

The concept of the Balance of Power has long been a significant factor in the realm of international politics. This article examines the evolution of power dynamics across time, starting with its inception in the early modern European state system and extending to its expansion on the global scale. The study delves further into the intricate dynamics of power equilibrium by examining the impact of various perspectives on its implementation and perception. The Peace of Westphalia, which was created in 1648 after the end of the Thirty Years' War, introduced a framework whereby governments aimed to prevent the dominance of a single power and maintain peace via the formation of alliances and the division of power. This event served as the foundational ground for the concept of the balance of power in historical context. The notion, which was originally centred in Europe, ultimately evolved into a fundamental principle of international law. The article also investigates several perspectives on power dynamics, with a specific emphasis on the realism paradigm that prioritizes state-centred evaluations of power and self-interest. The examination also includes an analysis of the liberal perspective, which prioritizes international institutions and collaborative endeavors aimed at maintaining stability. Furthermore, it engages with the constructivist paradigm, which emphasizes the significance of ideas, identities, and norms in shaping international power dynamics and conduct.

Demographic Regulation and the State: Centering Gender in Our Understanding of Political Order in Early Modern European States

The literature on early modern state-building in Europe has focused on war as its main driver and therefore on states’ relationships with men. Feminist scholars have critiqued the Weberian conceptions this literature relies on as being gender biased. I suggest an alternative theoretical starting point for theories of early modern state-building: the political imperatives created by the demographic fluctuations of the Malthusian trap. Harnessing Foucault’s concept of biopower and its application to the construction of gender, I argue that population fluctuations incentivized demographic regulation, in particular of childbearing, in order to keep birth rates high and maternal and infant mortality low, implying that early modern European states were constituted through the construction and maintenance of gender regimes. I propose strategies for empirical investigation and argue that a more accurate account of early modern European state-building needs to incorporate demographic regulation and therefore requires gender to be at its center.

Introduction: sacralisation in early modern Europe

ABSTRACT Did early modern European states make themselves sacred? The historian Paolo Prodi insisted that they did, whereas for the philosopher Giorgio Agamben sacred and secular power were so indistinguishable that the question was moot. This group of articles seeks to explain and explore the approaches of these two accomplished Italian scholars to the problem of early modern sacralisation. This introduction reviews the context in which Prodi and Agamben worked, sketches brief biographies, and describes the arguments that they advanced which are most relevant to early modern history. Their work emerged from the debate on secularisation in the German-speaking lands, the confessionalisation thesis as it was advanced by German historians of Reformation, Counter-Reformation, and Catholic Reform, and twentieth-century Catholic thought about the relationship between religion and totalitarian states. Both Prodi and Agamben belonged to traditions that sat at an angle to the liberalism that underpins historical and philosophical thought in the English-speaking world.

Jem Sultan and Venice’s intelligence system: sorting and deploying information in Venice’s ‘letterocracy’

ABSTRACTLike other early modern European states, Venice ruled by correspondence. The letters to and from officials preserved in Venetian and regional archives reflect the structure of the composite state. Just as Venetian rule layered centralized control onto areas of local autonomy, local archives contain series of documents created by governors and captains over centuries of Venetian rule and archived locally, as well as documentation produced by local elites. In Venice itself, letters about daily governance and sensitive intelligence passed through an interlocking system that was designed to manage correspondence about spies and supply chain problems through the same central institutions. This article uses the Council of Ten’s involvement in the dramatic circumstances of the Ottoman Jem Sultan’s rebellion, escape and time as a hostage in the West to examine the particularities of how the Ten gained power through their control of correspondence. Juxtaposing the Ten’s use of sensitive and timely information in a single case with the daily machinery for sending, receiving and archiving correspondence in Venice and in regional archives allows us to understand the internal dynamics of a particular ‘letterocracy’ and how one government council uses information to place itself at the centre of a republican polity.

Provisions, Passports and the Problems of International Warfare in Early Eighteenth-Century Northern Italy: A Micro-Historical Study

The relationship between the rise of the modern European state and military resource mobilization has been studied either through the capacity of Europe's fiscal-military states to mobilize war-making resources internally or the continued importance of private, non-state contractors to fund, recruit and supply armies. Missing from this literature is an understanding of how military contractors acquired supplies outside of national borders as well as the sorts of diplomatic and personal connections these contractors drew upon to move war goods across multiple jurisdictions for hundreds of miles. This article adopts a micro-historical approach to the history of military resource mobilization, paying close attention to one shipment of grain purchased in central Europe by the British army during the War of Spanish Succession (1701–1714). By studying closely how British money paid French Huguenot contractors to buy the grain and transmit it across northern Italy to feed German and Spanish troops fighting in Spain, this one case shows how scholarship can move towards a transnational history of military logistics based on key urban centres rather than nations and borders.

Trust, trust relations, legal relations: Correlation, interrelation and manifestation in the work of law enforcement agencies of modern European States

The article explains the problematic issues of definition, correlation, interconnection and peculiarities of manifestation of trust, trust relations, legal relations in the activity of law enforcement agencies of modern European states. It is emphasized that trust in law enforcement agencies of any state cannot be introduced by a powerful command or in a violent way. It should gradually mature in the minds of the subjects of trust under the influence of a number of favorable factors. The relationship between trust and trust relations in activity of law enforcement agencies of modern European states has been outlined. It is emphasized that certain parties and properties of trust affect the nature and content of trust relations, their course and manifestations. The characteristic features of trust relations in the studied sphere have been distinguished, which made it possible to formulate author's definition of trust relations in the sphere of activity of law enforcement agencies of modern European states and to determine the requirements for them. The ratio of trust and legal relations, as well as their complementary influence, in particular through separation of both common and different features, has been revealed.

The African Nationalist Idea of Africa

This paper probes the impact of colonial designs in the fabrication of native subjectivities, which eventuated in toxic political identities that would later undermine the post-colonial nationalist project. African history was shaped by three discursive periods: pre-colonial, colonial and post-colonial. The colonisation period deformed, distorted and adulterated Africa’s pre-colonial cultural landscape—its sense of selfhood. African nationalism was a response to this ontologically debilitated condition of African personhood resulting from the violence of self-serving European colonial modernity, which created a structured subjugation of the African ‘other.’ African colonial elites at once defined and epitomised various forms of African nationalism against European incursion. However, these African modernisers failed to grasp the historicity of such enduringly baneful identity politics, and were thereby often themselves cast into the vortex of social contradictions reflective of this history. Mamdani made this observation when he stated that in kick-starting the nation-building project after independence, post-colonial elites turned their backs on the history of colonialism and thus on their own history.Instead, they modelled their political imagination on the modern European state, the result being the nationalist dream was imposed on the reality of colonially imposed fragmentation, leading to new rounds of nation-building by ethnic cleansing. Consequently, African nationalism has invariably spread across large swathes of postcolonial Africa as it degenerated into odious ethnonationalism and chauvinism. Only through a deeper historical understanding of these colonial processes of African political identification can an we begin to understand how this once glorious African nationalism regressed into a dystopian one. This article draws on history to dissect this legacy of subjective forms of African self-understanding.

The Elements of International Legal Positivism

Abstract This article contains a plea for continuing attention to the elements of international legal positivism. Using the language of ‘elements’ deliberately plays on the positivist tendency to describe the legal discipline as a legal science. Yet law’s elements differ in important ways from the usual objects of scientific inquiry. Law’s method does not seek to address the structure and behaviour of the physical world, but that of a particular society with its own political polarities, structure and functions. The fact that international law inherits its positivist method from the domestic legal context therefore presents complications. While the adoption of positivism as international law’s predominant legal method was animated in part by a desire to provide international law with the imprimatur it needs to claim credibility as a legal system, it has also served as an impediment to international law’s development in a distinctive fashion from domestic law. International law’s attachment to the positivist method has at times extended to an attachment to certain presuppositions more closely associated with the development of the modern European state. This article takes the position that it is important to engage with international legal positivism on its own terms. Part I traces the lineage of three important traditions of international legal positivism (‘social thesis’ positivism, ‘system-based’ positivism and ‘teleological’ positivism) highlighting their different emphases and in doing so identifying key elements. Part II interrogates certain presuppositions sometimes associated with these traditions and considers whether it is appropriate to rethink or re-engineer these aspects in their application to the international legal system. While positivism is sometimes associated with ‘purifying’ law as a discipline, the article takes the position that the positivist method can only endure if complemented by a rich legal, political and social discourse focused on understanding its relationship to the elements of the international legal system, in particular, international law’s community, authority and functions.

TRANSFORMATIONAL FEATURES OF SOCIAL POLICY OF FOREIGN COUNTRIES

Statement of the problem: Analysis of the transformational dimension of social policy of the leading countries of the world, identification of the institutional features of the social policy of modern European states, critical generalization of the models and principles of social policy in the European Union is of essential importance.

TRANSFORMATIONAL FEATURES OF SOCIAL POLICY OF FOREIGN COUNTRIES

Statement of the problem: Analysis of the transformational dimension of social policy of the leading countries of the world, identification of the institutional features of the social policy of modern European states, critical generalization of the models and principles of social policy in the European Union is of essential importance.

Gifted Greek: The Enigma of Andreas Papandreou

Gifted Greek: The Enigma of Andreas Papandreou