“Kapana” in Plovdiv – the “Emotional” Trap of Urban Culture

Author(s): Zlatina Bogdanova / Language(s): English Issue: 22/2020

Plovdiv is the first Bulgarian city to become a “European Capital of Culture” for 2019. One of the leading projects in this campaign is the renovation of Kapana (“The Trap”) – a historical district in the urban centre. The project for upgrading Kapana and reintegrating it into the matrix of active urban life as an area of art and culture is one of the first activities in the implementation of Plovdiv’s candidacy. “Kapana – a creative industrial district” is a long-term public policy initiative that attracts audiences and representatives of creative industries from Plovdiv, the country and abroad, providing a favourable and stimulating environment. The main goal of this intervention is to preserve, restore and explore this district being emblematic of the city’s history. The paper presents the various transformations of Kapana in relation to the concept of “emotional practices”, proposed by Monique Scheer (2012). The “emotional discourse” on Kapana is a tool in the process of making it an affective space for leisure and tourism by means of creative industries and the festivalization of culture.

Nose-talgia, or, Olfactory Remembering of the Past and the Present in a City in Change

Author(s): Blaž Bajič / Language(s): English Issue: 22/2020

The article discusses smell and how is it implicated in the ongoing transformations of urban space in Ljubljana, Slovenia. After outlining the processes of olfactory cleansing and labelling taking place in Ljubljana Old Town, principally for the purposes of touristification of the city, and sketching the method of sensobiographic walking which was used in the research presented, the article goes on to describe, via two ethnographic vignettes, how two of the research participants relate to cherished scents of coffee and how they connect these scents with life in Ljubljana. The first vignette deals with nostalgic memories of an elderly participant, the second with “nostalgia without memory” of a younger participant. Moreover, the entirety of the discussion is related to critiques of certain strands of architecture and urbanism, of which events in Ljubljana are paradigmatic examples, and how these strands end up, despite protestations to the contrary, advocating late capitalism.

Laughter as a Strategy of Resistance in Socialist Romania

Author(s): Maria Mateoniu-Micu / Language(s): English Issue: 22/2020

This article illustrates, through empirical examples, the role that humour had in the strategies of resistance of the common people of Jiu Valley (Romania) to state policies during socialism. Based on a collection of interviews, the social and political implications of the humour specific to the local community under the very particular conditions of life under socialism are highlighted. Laughter becomes a nonviolent form of disavowal of abusive state policies, and fosters cohesion within mining community. This manner of manifestation is not only through jokes and funny stories with political intent, but also by staging of humorous situations by “actors” in the “flesh and bones” coming from among the miners.

Kosovo Albanian Diaspora Holidays and the Feeling of “At-homeness”

Author(s): Lumnije Kadriu / Language(s): English Issue: 22/2020

The main motivation for diaspora holidays is keeping ties with the homeland, family and friends and the compensation of the feeling of “at-homeness” that they lack all year long. It is so especially for a first generation of migrants, of which consists a sample of this research, and who understandably seem to be the most attached to their place of origin and its culture. However, summer time, in modernity, among other things, is the season when most people plan to go to the seaside. In the case of Kosovo Albanian diaspora, summer time holidays are mainly time to visit home (land), but a great number of them also go to the seaside.

Tracking Historical Changes in Personal Religious Practice on the Examples of Votive Prayers

Author(s): Mirela Hrovatin / Language(s): English Issue: 22/2020

The main goal of this paper is to show how vows as personal prayers of Croats in Croatia and other countries have been constantly re-created through time, depending on some of the changes in the society and in Catholic Church. From the viewpoints of the anthropology of religion, the paper is based on Geertz’s interpretive theory of culture and Bourdieu’s notion of habitus. Therefore, personal votive prayers as a religious practice will be observed within culture in the broadest possible sense of the latter term. More specifically, as personal prayers analysed in the paper are closely connected to pilgrimage, they will be interpreted from the standpoints of the anthropology of pilgrimage and anthropology of Christianity. I rely on the Turnerian notion of liminality in pilgrimage (1978), broadening it by the inclusion of discontinuity in this anthropological interpretation of Christian practices (Robbins 2007). I also include in my discussion the notions mainly used in pilgrimage studies, such as sacred place, body and person (Eade, Sallnow 1991), movement (Morinis 1992), sacralization processes (Coleman, Eade 2004), pilgrimage sites (Margry 2008) and (sacred) self in relation to the sacred other (Csordas 1994, Pandian 1997, Hermkens et al. 2012).

Otto Bauer: The idea of nation as a plural community and the question of territorial and non-territorial autonomy

Author(s): Ramón Máiz,María Pereira / Language(s): English Issue: 3/2020

This article presents a detailed analysis of the concept of nation in the work of Austro-Marxist Otto Bauer. In his view, the nation is conceived as an evolutionary process of political, open and plural construction. His work also unravels the connections of nation with a plurinational democratic state, which was at the time a novel political and institutional vision. The article argues that his work is very relevant today, with rising complexity of the new contexts of global society and the multiplication of migrations and refugees; and the need to respond through an accommodation of minorities through mechanisms of territorial and non-territorial autonomy. Much of these concerns form the substance of Otto Bauer’s work.

Karl Renner’s theory of national autonomy

Author(s): Xabier Arzoz / Language(s): English Issue: 3/2020

Karl Renner’s theory of national autonomy has not been sufficiently taken into account by scholars due to difficulties in its reception and puzzling content. Neither liberal nor communitarian, his original theory combines individual rights with collective rights, territorial autonomy with personal autonomy, classical federalism with establishment of nations as constituent parts of the state. This paper will introduce the reader to Renner’s main concepts. It will start by presenting Renner’s ideas on the nation, the multinational state, the role of the majority principle, and the need for nations’ legal recognition by and within the state. Then, Renner’s core notion of national autonomy and its organisation through the personality principle will be discussed. Further, the paper deals with Renner’s concept of the representation of national interests at the federal or supranational levels. Lastly, it sums up the discussion and draws conclusions regarding Renner’s theory of autonomy in general.

Non-territorial autonomy and gender equality: The case of the autonomous administration of north and east Syria - Rojava

Author(s): Rosa Burç / Language(s): English Issue: 3/2020

The Kurdish-led autonomous entity called Autonomous Administration of North and East Syria (NES) – also known as Rojava – considers women’s liberation an imperative condition for shaping a democratic society. The practice of autonomy in NES shares strong resemblances with Non- Territorial Autonomy (NTA) models; however, it introduces a novelty in the role of women as active agents in building a plurinational democracy. This paper examines (1) the intellectual and political origins of the political role ascribed to women in autonomous administrations and (2) how the practice of autonomy in Rojava has advanced women’s rights by shedding light on both institutional implementation of women’s rights, as well as the creation of (non)-territorial spaces of women’s emancipation within the autonomous model. The argument made is that the conceptual framework of the Rojava model goes beyond the Kurdish question and can be considered an attempt to resolve a democratic deficit of liberal democratic nation-states through bringing together solutions that address the intertwined subordination of minorities and women.

Beyond the territory principle: Non-territorial approach to the Kosovo question(s)

Author(s): Jelena Ćeriman,Aleksandar Pavlović / Language(s): English Issue: 3/2020

This article presents an attempt to approach the dispute over Kosovo between Serbs and Albanians from a non-territorial perspective, with particular focus on the preservation of the Serbian cultural and religious heritage. First, we argue that the Kosovo issue is at present commonly understood as an either-or territorial dispute over sovereignty and recognition between Serbian and Kosovo Albanian politicians. However, we claim that a lasting resolution to the Kosovo issue actually needs to account for at least three separate aspects: 1) status of Northern Kosovo which is ethnically Serbian and still maintains various ties with the Serbian state, 2) status of Serbian cultural and religious heritage, chiefly UNESCO world heritage Serbian medieval monasteries and churches and 3) the fact that the Serbian population in central Kosovo, i.e. south of the river Ibar, where most of the mentioned monasteries and churches are located, are located in small municipalities or enclaves of Serbs surrounded by vast Albanian populations. We examine the applicability of the non– territorial approach (NTA) to the Kosovo issue by analyzing the normative framework directly regulating the Serbian cultural and religious heritage in Kosovo, its preservation and protection, particularly of Serbian Orthodox monasteries, churches and other historical and cultural sites, while comparing these regulations to the existing normative NTAs in Croatia and Montenegro. Arguably, since most Serbian monasteries and churches are not included in any sovereignty negotiations, we point to the potential to combine territorial and non–territorial approaches, regardless of the continued obstacles in implementation arising from continued contestation of Kosovo’s sovereign status.

The possibilities and limits of non-territorial autonomy in securing indigenous self-determination

Author(s): Natalija Shikova / Language(s): English Issue: 3/2020

Non-territorial autonomy (NTA) incorporates a mixture of different arrangements such as consociationalism and national-cultural autonomy (NCA), and forms of representation that de-territorialize self-determination. The paper analyses NTA possibilities in reaching indigenous self-governance and reveals the dilemmas in the applicability of NTA for securing the right to self-determination of indigenous peoples. Although the practice points towards some positive examples and successes of NTA institutions related to ingenious peoples (e.g. Sámi Parliaments), the question remains whether NTA holds sufficient potential for addressing indigenous needs upheld by the international principle “right to land, territories and traditionally owned resources.”

MOBILIZACIJA ZA RAT U DRUGOM RAJHU I „IDEJE IZ 1914”

Author(s): Slobodan Vuković / Language(s): English Issue: 2/2020

The article analyzes the political and social climate in German society at the time of the outbreak of the Great War and the intellectual elite’s reaction to the war. All interest groups war to be declared defensive in all interest groups the Reich was „besieged” by the Entente forces and it hadto defense against the „barbaric east”. The war euphoria pervaded all strata of society, based on the myths of German military invincibility and cultural excellence. The whole society was convinced of the war victory. The war was interpreted as a „German revolution”, as a victory of the „German soul” and „culture”. The intellectual elite loyal to the monarchy and the Kaiser supported the war. The war was interpreted as a conflict of the ideals of the French Revolution (freedom, equality, brotherhood), as opposed to the „Idea of 1914” (duty, order, justice) and thus justified and legitimizes. „Ideas from 1914” are, in short, grounded against English „merchant souls”, French „Gallic superficiality” and „Slavic despotism”. The „Ideas of 1914” gave birth to an Appeal to a civilized world in which German intellectuals show solidarity with the German army, denying that Germany provoked the war, violated the neutrality of Belgium and that its army committed crimes and cultural barbarism. Russia and Serbia are blamed for the war. Russia’s goal was to increase world power on the ruins of Austria and Germany and to establish hegemony over the South Slavic people. The war brought to light the old war goals that were widely accepted by political, military and cultural elite and interest groups. These goals were threefold and were directed to the West, East and Southeast. The intellectual elite – in addition to the economic elite, trade and industrial associations and numerous clubs – supported the policy of war goals and 122 * Retired scientific advisor, Institute of Social Sciences, sloba5.vukovic@gmail.com. Slobodan Vuković, Mobilizacija za rat u Drugom Rajhu i „Ideje iz 1914” 131 advocated the territorial annexation and growth of Germany into a world power, the creation of a colonial empire and penetration into the East and Southeast. Enthusiasm for the war waned after facing war atrocities, protracted trench battles, loss of loved ones, shortages and material hardships, conscription for the army of 13million inhabitants and, above all, defeats, which the Germans did not hope for, nor did they, after more than a hundred years, accepted. In the first six months of the war alone, between 35,000 and 40,000 civilians (mostly Serbs) were hanged and executed in the Balkans. After a hundredyears, modern Germany apologized for the crimes committed in Belgium, but not, like Austria, for the crimes of its armies committed in the East and Southeast.

KOLIZIJA DUŽNOSTI KAO OSNOV OPRAVDANJA U OKOLNOSTIMA PANDEMIJE

Author(s): Igor Vuković / Language(s): Serbian Issue: 2/2020

The global crisis over the Covid-19 virus pandemic has raised some questions that are relevant to criminal law as well. Disturbing news are coming from several countries about the deaths of many people because of the inability of healthcare professionals to provide them with adequate medical care due to a lack of mechanical ventilation devices. In this regard, the question arises as to what are the criteria by which to decide who will be connected to the ventilator and how the decision-making of doctors in these tragic life and death issues can be facilitated. The paper deals with the institute of the so-called collision of duties, which in some legal systems constitutes an independent cause for the exclusion of unlawfulness and, in some cases, a type of necessity. In comparative law, a number of different criteria are met by which patients should be triaged in disaster situations. The author concludes that the adoption of appropriate guidelines can establish a standard of due diligence that would to some extent remove the burden of decision making from physicians.

IN REM CONTRA CULPAM?– PROŠIRENO ODUZIMANJE IMOVINSKE KORISTI U MEĐUNARODNOM I BOSANSKOHERCEGOVAČKOM KRIVIČNOM PRAVU

Author(s): Darko Datzer,Eldan Mujanović / Language(s): Serbian Issue: 2/2020

It comes as no surprise that vast economic benefit is obtained through crime and that all necessary measures need to be taken in order to appropriate those ill-gotten gains. Deprivation of criminal assets assures effective prevention of their use in future criminal activities, simultaneously advancing the principle that crime does not pay. One of the fastest developing forms of deprivation is extended criminal confiscation, which is understood as recovery of property deriving from vague, assumed criminal activity. An important role in shaping the regime of extended criminal confiscation has been played by international and supranational organisations, hence the paper includes the analysis of relevant stipulations in five capital international documents, and, having in mind recent vivid legislative activities in Bosnia and Herzegovina, analysis of material criminal law norms in its four jurisdictions as well. Analysis includes discussion on a) the scope of crimes liable to extended confiscation, b) circumstances that could indicate on the criminal origin of the property, c) forms of procedural safeguards that are granted to confiscation subjects. International legal standards stipulate the option to utilize statutory legal presumptions and automatic reversal of the onus of proof, or circumstantial proof of illicit origin of assets and balanced onus. Both alternatives are present in Bosnia and Herzegovina, although none often used in practice. This unfavourable picture can be argued by inadequate elaboration of certain elements of the construct and, in some jurisdictions, restrictive approach in determining triggering offences. Improvement of normative framework, along with the other practical, organisational and other activities, is essential to fully utilize criminal policy potential this form of confiscation has.

PRETRESANJE ADVOKATSKE KANCELARIJE U NEMAČKOJ

Author(s): Milana Pisarić / Language(s): Serbian Issue: 2/2020

Search at a lawyer’s office and seizure of certain objects found on that occasion for the purposes of criminal proceedings in Germany are carried out with certain legal restrictions, which serve as a procedural safeguard of confidence between lawyer and party. In addition, some criteria have been created in case law to justify intervention in this protected sphere. The subject of the paper is presentation and analysis of those legal provisions and attitudes from court practice.

DOKAZNI ZNAČAJ FOTOGRAFIJA, AUDIO I VIDEO SNIMAKA KOJI NISU PROIZAŠLI IZ DOKAZNIH RADNJI

Author(s): Natalija M. Živković / Language(s): Serbian Issue: 2/2020

Given that citizens are not authorized to conduct evidentiary actions, and it is indisputable that the citizens today, with the development of technology, can capture and photograph events around them at almost any time, the object of this paper is to determine the probative value of photographs and recordings made by citizens. The question of the probative value of the afore mentioned photographs and recordings is raised primarily in connection with the violation of the right to privacy of the persons who were recorded. The CPC/2011 only lays down certain evidentiary prohibitions in one general way. Therefore, the author analyzes relevant legal provisions aimed at protecting the right to privacy of citizens. First, photographs and recordings made by citizens must not result from a crime. The relevant offenses are unauthorized wiretapping and recording and unauthorized photographing. In support of the fact that photographs and recordings of someone committing a crime constitute admissible evidence, it is also reflected in the provision of the Public Information and Media Act which establishes derogations from the right to privacy if the person has attracted public attention through his public statements or behavior in private, family or professional life and thus gave rise to the publication of information, or records. Second, in the case of photographs and recordings taken on security cameras installed to protect the security of people and property, which monitor public areas or facilities or premises that are privately owned and if the cameras are installed in accordance with the Private Security Act, we consider such recordings and photographs should be admissible evidence. Finally, we consider that the evidence obtained illegally by the court should be distinguished from the evidence obtained illegally by the citizens. This means that a lesser criterion should be applied especially if the citizen violated someone’s right to privacy by the necessity of providing evidence, and especially if he/she was damaged by criminal acts.

НЕХАТ-CULPA

Author(s): Božidar Marković / Language(s): Serbian Issue: 2/2020

ROK HACIN The Dual Nature of Legitimacy in the Prison Environment, An Inquiry in Slovenian Prisons

Author(s): Gorazd Meško / Language(s): Serbian Issue: 2/2020

BIBLIOGRAFIJA ČASOPISA CRIMEN 2010–2019

Author(s): Zoran Stojanović,Viktorija Budić,Ivana Marić / Language(s): Serbian Issue: 2/2020

Emotions of Separation and Cohesion during Death Rituals

Author(s): Leontina Gega Musa / Language(s): English Issue: 22/2020

Death, as a universal phenomenon, is perceived among different people and cultures by different attitudes and worldviews. Death is talked about with coldness or it is not wanted to be talked about; death is considered a taboo subject, because the separation of a member of the group (family) from the life creates an emotional emptiness to the pain for the missing person. Pain is felt both by the individual and the group, therefore the emotion of separation created by the dead member of the group, strengthens the cohesion and moral unity within the group to ease the pain. Depending on the relation of the dead to the group, the pain appears more intense or less intense. This paper relies on theoretical studies about death as a universal phenomenon, about the emotion and cohesion, as well as on the studies on the ritual of death in terms of traditional Albanian culture. Also, based on empirical data from certain subjects, an emphasis is placed on the emotion of separation that creates death on the individual as well as on the cohesion or emotional interaction that is created within the group in order to ease the pain.

Faith, Sacraments and Emotions: Projections of Religiosity in Contemporary Bulgaria

Author(s): Georgeta Nazarska / Language(s): English Issue: 22/2020

The article examines the contemporary religiosity in Bulgaria through two of the main Christian sacraments – confession and communion. The objects of the study are the practice of the above-mentioned sacraments among three Christian denominations (Orthodox, Catholic, and Protestant) and the emotions that believers are feeling during the sacraments. The main problem of the study is whether and how “emotional dynamics” helps to strengthen belonging to their own religious communities or, on the contrary, removes believers from them. The tasks of the study are: to examine the motivation, frequency and accuracy of the contemporary practice of the two sacraments in the country; the possible connection between the two sacraments with individual and collective moral (religious) values; the typology of emotions tied to the beliefs of sinners, sinfulness, redemption, and forgiveness.