Suchergebnisse

The Swedish colony of Gammalsvenskby (Старошведское) was founded 1782 on the lands of New Russia (Новороссия) by fishermen from the island of Dagö/Hiiumaa in the Baltic Sea. Villagers had frequent contacts with Sweden and the Grand Duchy of Finland throughout the nineteenth century. A number of Swedish cultural institutes (school, new church, library, chorus etc.) were built due to the Scandinavian aid in the village and as consequence the colonists received "an inoculation" of modern Swedish nationalism. During the first half of the 20th century the Swedish community near the Black Sea became the subject of the series of social experiments on the part of the different political regimes. The aim was to change the collective identity of the colonists and creation of loyalty of Swedes towards the new authorities. In 1923-1929 in the village under the guidance of the Ukrainian Central Commission for the National Minorities (ЦКНМ) the politics of the indigenization was provided with the aim of transforming former foreign colonists of the Russian Empire into a loyal ethnic minority of the Soviet Ukraine. However in 1929 the whole village (888 persons) emigrated to Sweden after negotiations between the Swedish and Soviet governments. In the historic fatherland a new large scale experiment was undertaken under the control of the specially created Committee (Gammalsvenskbykommittén). The aim of this experiment was to fully integrate the "archaic" Ukrainian Swedes into the modern Swedish society through their transformation into the successful Swedish farmers. The emigrants were denied a separate settlement in Sweden and newcomers were dissolved throughout the country to undergo "instruction of the Swedish norms of economic and every day activities." Appointed by the Committee inspectors were monitoring all the aspects of the integration of the old Swedes into the Swedish society. About 300 Swedish colonists who were not agree with the policy of Sweden voluntarily returned to the Soviet Union according to their own will. There in Röda Svenskby during five years under the guidance of the Comintern and rule of the Swedish Communist Party led by Hugo Sillén the experiment on the implementing the first Swedish kolkhoz and Swedish intentional community in the Soviet Union took place. The Soviet Union was unlike many other states in the world. This difference concerns not only the abolishment of private property and the dictatorship of the Communist Party, but also a nationalities policy based on internationalism. While ethnic minorities faced discrimination across Europe, the Soviet Union proclaimed in 1923, and then realized, a policy of full support of cultural and linguistic rights for ethnic minorities. However this policy changed dramatically when, in 1937, the Soviet government and the secret police (NKVD) started a mass operation in order to execute members of several ethnic minorities. For fourteen months in 1937 and 1938 roughly 250,000 people representing some 25 ethnic minorities from Finns to Iranians were executed by NKVD. The mass arrests did occur in Gammalsvenskby in 1937-38 and included 22 individuals from 41 Swedish families. The promotion of the Swedish culture was fully stopped simultaneously with the era of terror. In 1938 the Swedish school was closed, the national village council was dismissed and the administrative positions there were taken by non-locals. During World War II Swedish colonists accepted the status of Volksdeutsche. In 1943 all villagers together with their German neighbours were evacuated to Germany by the Nazi occupation forces. In 1945 about a hundred of the returning Ukrainian Swedes were deported by the Soviet secret police (NKVD) to the Komi autonomous republic – a Finno-Ugric region in northern Russia. The government decided to settle all former Volksdeutsche in the Gulag area alongside other enemies of the Soviet state "until further notice". The main purpose of the displacement and isolation of this "special contingent" was "to make them true Soviet citizens". Within the theoretical framework provided in the works of Michel Foucault and Alberto Melucci the author analyzes the techniques of forced normalization used by the Stalinist totalitarian state in order to reorient the cultural and linguistic identity of a Swedish ethnic group. The book is based on the archival sources in the repositories of Ukraine, Sweden and Russia. ; I boken analyseras de olika sociala experiment som invånarna i Gammalsvenskby i Ukraina utsattes för under 1900-talets första hälft. Från 1700-talet och framåt hade svenskbyborna täta kontakter med Sverige och Finland och behöll sin svenska identitet och kultur. Den stalinistiska staten försökte vid flera tillfällen förändra svenskbybornas kollektiva identitet. De skulle "normaliseras" och bli goda sovjetukrainska medborgare, medlemmar av internationella kommunistiska rörelsen och medvetna byggare av det socialistiska samhället. 1929 emigrerade samtliga invånare i Staroshvedskoe (888 personer) till Sverige, efter förhandlingar mellan den svenska och den sovjetiska regeringen. I Sverige sattes en mängd insatser in för att "integrera" Ukrainasvenskarna i det moderna samhället. De fick inte bosätta sig tillsammans och övervakades av inspektörer på praktikplatser, så att integrationen gick rätt till. Ungefär en tredjedel av Ukrainasvenskarna valde därefter att återvända till Sovjetunionen. Efter deras återkomst till Röda Svenskbyn genomfördes där ett experiment administrerat av Komintern och under ledning av kommunister från Sveriges kommunistiska parti. Experimentet gick ut på att bygga upp den första svenska kolchosen i Sovjetunionen. Under den Stora Terrorn arresterades och arkebuserades 23 svenskbybor, anklagade för att ha byggt upp en "svensk spionorganisation". Den tyska ockupationen av Ukraina medförde att Ukrainasvenskar blev offer för ännu ett experiment, denna gång i form av en nazi-germanisering av den svenska befolkningen i Altschwedendorf. 1945 förvisades svenskbybor av den sovjetiska säkerhetspolisen till Gulag eftersom de klassificerades som folkets fiender. Inom ramen för Michel Foucaults och Alberto Meluccis teorier undersökas i boken den sovjetiska tvångsnormaliseringens tekniker. Dessa användes framgångsrikt av myndigheterna för ideologisk, lingvistisk och kulturell omstöpning av Ukrainasvenskarna, men författaren visar också hur svenskbyborna gjorde kollektivt motstånd. ; Swedish colonies in Ukraine

In Davis v. FEC, decided on the last day of the October 2007 Term, a closely divided Supreme Court invalidated the so-called Millionaires' Amendment, which was a provision added to the Federal Election Campaign Act ("FECA") as part of the Bipartisan Campaign Reform Act ("BCRA") of 2002 to make it easier for Senate and House candidates to raise private contributions when they run against an opponent who uses a substantial amount of personal wealth to pay for his or her campaign. From the reform perspective, the loss of the Millionaires' Amendment was not of great moment. The Amendment was not part of the original McCain-Feingold and Shays-Meehan reforms at the heart of BCRA. Many observers had expressed concern about the Amendment's arguably pro-incumbent bias. Furthermore, the Amendment had had very little impact on elections, including those races in which opponents of self-financing candidates could have taken advantage of its provisions. But Davis has seriously troubling implications for the future of campaign finance reform. First, it extends and deepens the Supreme Court's anti-campaign finance reform trend. For the third time in the three years since Justice Alito replaced Justice O'Connor, who had generally voted for reform measures, the Court struck down or sharply limited a reform measure. Two of those three decisions were by five-four votes, with Justice Alito and Chief Justice Roberts in the majority for all three. In the two earlier cases, the majority was fragmented and unable to produce a single majority opinion. Davis marks the first time this new anti-reform majority managed to join in a single majority opinion and the first time the Roberts Court flatly held unconstitutional a federal campaign finance law. Second, the tone of Justice Alito's majority opinion was sharply critical of one of the longstanding underpinnings of reform – the goal of reducing the role of economic inequality in elections. Although the Court had previously held that controlling the electoral consequences of wealth inequality could not justify limits on spending, this was the first time the Court indicated that equality in campaign financing is not a "legitimate government objective" at all. Justice Alito contended that any legislative attempt to revise election law to "level[] electoral opportunities" for candidates is an inherently "dangerous" effort "to influence the voters' choices." Finally, although Davis did not deal with the public funding of candidates, the decision calls into serious question the constitutionality of a provision in many state public funding laws that relaxes public funding spending limits or offers candidates additional public funds when they run against high-spending privately-funded opponents. Such measures – sometimes known as "trigger" or "fair fight" laws – have been seen as crucial to persuading candidates to accept public funding and the spending limit that always accompanies public subsidies. Without the option of raising and spending above the public funding spending limit when running against a high-spending candidate, few serious candidates would accept public funding. Nearly all of the lower federal courts that, prior to Davis, had heard challenges to state laws triggering a release from the spending limit or the provision of additional public funds in response to high levels of opposition funding upheld those laws. But Davis, which cited the one lower federal court that went the other way, suggests that these state laws may now be in serious constitutional difficulty. Indeed, in a decision handed down a few months after Davis a federal district court determined that Arizona's law violated the First Amendment, although it declined to enjoin the use of the trigger provision in the 2008 election due to the lateness of the suit. Davis is thus an important milestone in the Roberts Court's ongoing challenge to campaign finance regulation. It is likely to embolden reform opponents to mount new legal attacks on existing campaign laws as well as to make it difficult to adopt new ones, such as the provision of public funding of candidates. It is a particularly striking decision because virtually all of the previously invalidated campaign finance laws sought to limit the role of money in campaigns while the Millionaires' Amendment actually sought to make it easier for some candidates to raise money. Davis indicates that in the view of the current Supreme Court even laws that expand, rather than contract, campaign money can be subject to a successful First Amendment challenge if they have the forbidden purpose of leveling the electoral playing field. That surely does not bode well for the future of campaign finance reform. This article provides a brief analysis of Davis v. FEC and its consequences for campaign finance jurisprudence. Part I examines the Millionaires' Amendment, the issue of self-financed candidates, and the history of the Davis case. Part II analyzes Justice Alito's majority opinion, its determination that a law that relaxed the contribution restrictions for some candidates burdened the constitutional rights of others, and its determination that "leveling the playing field" by making it easier for a non-self-financing candidate to raise money could not justify the burden the Court found. Part III considers the implications of Davis for the trigger provisions of state and local public funding laws. Part IV concludes with an assessment of the campaign finance decisions of the Roberts Court thus far and what that they tell us about the likely future of campaign finance law.

Our aim in this book is not to tell black or white South Africans what they ought to do. Rather, we try to establish through empirical social research what the various groups would like to do, and what they are in fact able to do. The overall issue which we consider is whether conflict can be regulated both peacefully and democratically. The events of 1976 and 1977 established beyond doubt that conflict exists on a large scale in South Africa. The conflict is both open and latent. Its causes include the distribution of income and wealth between different groups, the enforced social segregation of the groups from each other, and the monopoly of power by one of the groups. This one group has used and continues to use its power to regulate the conflict, and does so unilaterally and towards its own ends. Now conflict can be regulated in this way for a considerable period of time—longer than the whites dare hope and the blacks concede. But it is unlikely that power can be exercised indefinitely without the consent of the majority. Indeed, the longer a group exercises power without consent, the more likely is violent change. Given the distribution of power in contemporary South Africa, violent change would involve enormous sacrifices all round. So we consider the chances of peaceful change. Unfortunately, the chances seem slim. A glance at history shows that minorities tend to cling obstinately to their privileges, and then lose everything in defending them. One is far less likely to find minorities who have made timely sacrifices of some things in order to hold onto others. Similarly, once the tables are turned, the majorities that have been exploited and maltreated more often give vent to their long-suppressed feelings of hate and revenge than explore the possibilities for a peaceful take-over of power. Even so, however likely such developments may be when seen from a historical perspective, there is no 'iron law of history' which categorically excludes the possibility of peaceful change under the conditions obtaining in South Africa. And the 'social costs'—a euphemism in social science for human suffering—of violent change are so high that one is surely justified in exploring the constraints, however narrow they might be, within which the current system of conflict regulation in South Africa might be peacefully transformed. This consideration is even more important in the present global political situation; for change by violent means will not only endanger the parties directly concerned, but may also endanger the peace of the African continent and perhaps that of the rest of the world. We also want to know whether conflict can be regulated democratically. We assume that the rule of law, social justice, and democratic rights are not the prerogatives of wealthy Western states. We believe that all the members of a society should be able to decide freely on how they want to shape their economic, cultural, and political coexistence. This study is thus motivated by a specific interest: we want to ascertain what scope there is in contemporary South Africa for changing the existing system of domination, so as to allow the democratic regulation of conflict, more social justice, a greater diversity of cultural expression, and wider freedom for all South Africans. We stress that we are concerned with the democratic regulation of conflict. For this purpose, the context in which conflict originated in South Africa is only relevant to the extent that it may still influence the present situation. Similarly, explanations of the phenomenon of conflict will be relevant only if they let us formulate more precisely the problem of how conflict may be peacefully and democratically regulated. This problem is important not because it contributes to the progress of social science—that contribution may be modest—but because it bears on the fate of many human beings. We have tried to offer answers which can be supported by empirical inquiry. Although the literature on conflict regulation in South Africa has expanded rapidly in recent years, it is characterized by a lack of empirical data on the attitudes and opinions of the groups and individuals involved in the political process. We felt it would be useful if we lessened these gaps in our knowledge by empirical means. But data on the attitudes and opinions of black and white South Africans are hardly a sufficient basis for reliable predictions about South Africa's future. Events in South Africa will not only be determined by the opinions and wishes of its inhabitants but also, as is becoming increasingly evident, by forces and influences outside the country. However, the latter have been expressly excluded from the present study; it is concerned, ceteris paribus, with internal South African developments. But even with respect to internal developments, what actually happens in a society is only partly determined by what the members of the society think and want. It would thus be foolhardy to base a comprehensive prognostication on opinion surveys alone. On the other hand, empirical surveys may facilitate a precise answer to the overall problem we have set ourselves. Empirical research can indicate how far white South Africans are prepared for peaceful change and democratic conflict regulation, and similarly, what change black South Africans expect and what means of conflict regulation they are prepared to accept. Does the preparedness of the whites match or fall far short of the expectations of the blacks? The question is crucial to change without violence. Thus, in respect of our motivation and of the limitations we have set on the nature of our inquiry, this study must be seen as an empirical contribution to research into conflict and peace.

This collection contains a diary, personal letters and photos of Edmond Arthur Littlefield principally from his service in the American Field Service during World War I. Other items include pre and post WWI letters and photos. ; Diary is 8 1/2 x 6 in. green covered composition book; letters are sheets of 6 x 9 in. paper; photographs are 2 x 3 in. ; Cunard Bulletin. R. M. S. " ANDANIA. " MONDAY, OCTOBER 8th, 1917. BRITISH SUCCESS ON WESTERN FRONT. Gains on an Eight Mile Front. BRITISH OFFICIAL. London, October 5th. At last the censor has raised the veil, and has published an official report departing from the usual bulletin relating to "intense artillery duel on the Western front, etc." Last night's British official reports that our attack on Thursday morning was launched on a front of over eight miles from the south of Tower Hamlets to Ypres Straden railway and has everywhere been completely successful. All our objectives have been gained, and positions of the greatest importance have been won, and over three thousand German prisoners have already reached our collecting stations. We are now in possession of the main ridge up to a point one thousand yards north of Broodseinde. Our attack was anticipated by the enemy by a few minutes with an attack made by five German divisions, from Polygon Wood to Zonnebeke. This attack was blotted out by our artillery tire, and those of the enemy's infantry who escaped this shell fire were overwhelmed by our infantry. So mangled were the German troops in this district that no counter attack had developed up to last night. LOSS OF A BRITISH CRUISER. London, October 5th. The British Admiralty report the loss of H. M. S. "Drake, " a cruiser of 14,000 tons, 30,000 indicated horse power and completed in 1903. The "Drake" was torpedoed on Tuesday morning off the north coast of Ireland, but managed to reach harbour, finally sinking in shallow water. One officer and eighteen men were killed by the explosion of the torpedo, but the remainder of the officers and crew were saved. Mr. Baker, American Minister of War, announces that twenty thousand aeroplanes, authorized by Congress are already under construction and that the necessary motors are also being built. FRENCH OFFICIAL. London, October 4th. The French official communique reads: "The enemy unsuccessfully attempted several surprise attacks during the night in Champagne and in the upper Aisne sector. " RUSSIAN OFFICIAL. Petrograd, October 5th. Russian official report states that on the Roumanian front south of Radantz, Bukowina. the enemy attacked in dense waves, but the attack was stopped by our artillery fire. On the Caucasian front, our detachments took by assault a village south-west of Oromaru. CUNARD BULLETIN SUBMARINE WARFARE WEEK'S REPORT. LOWER AVERAGE AGAIN. London, October 4th. The number of British merchant vessels lost during last week is again below the average. Eleven vessels of over sixteen hundred tons were sunk against a total of thirteen the previous week, and only two ships of lower tonnage. FRENCH AIR RAID ON STUTTGART. Paris. It was announced officially that on October 1st, French airmen successfully bombed military buildings, and munition works in the German city of Stuttgart. By way of reprisal our bombing aeroplanes during the nights of October 1st. 2nd and 3rd, bombed Fribourg railway station, factories at Volkingen and Hoftenbach, and on the railway station at Brienville and points at Metz. On October 4th, French official reports add that French airmen bombarded with success by way of reprisal, Frankfurt and Rastadt. The British Admiralty reports aerial bombing again of Saint Denis, Westrem, Zeebruge loch gates, Bruges dock and other numerous targets, also Thourant railway junction. All of our machines returned safely. CONCERT. On Wednesday evening last, a most enjoyable Concert was held in the Dining Saloon. In response to an earnest appeal by the chairman, Colonel G. VV. Bunnell, the very handsome total of 52 12s. 5d. was subscribed for the Seamen's Charities in Liverpool. Our thanks are due to the artistes who so ably contributed to the success and enjoyment of the evening, and to the ladies who collected. THE BRITISH IN MESOPOTAMIA. Amsterdam. Consternation has been caused in Berlin by the fresh advance of the British along the Baghdad railway in Mesopotamia according to dispatches from the German capital today; about three hundred and twenty miles of actual railway line or ballasted right of way between Basra on the Persian gulf and a point about sixty miles northwest of the city of Baghdad, are now in possession of General Maude's forces and they are still moving forward driving the Turks before them in spite of German advice and assistance with officers and munitions. GENERAL SMUTS ON THE WAR. London, October 4th. General Hon. Jan Christian Smuts, Minister of Defence, Union of South Africa, speaking today in London at the Annual Meeting of Association of Chambers of Commerce, said: "The enemy with one or two exceptions was everywhere now on the defensive, everywhere slowly retiring, and that the manhood of Germany was bleeding to death. Long before the Rhine was reached Germany would have sued for peace. Referring to air raids, the General went on to say that we were now reluctantly forced to apply to the enemy the bombing policy he had applied to us for so long. The German policy of bombing women and children would prove a terrible boomerang to the enemy. The General concluded his remarks by asserting that the Germans are already beaten, and that their leaders knew it. "

Розглянуто проблеми законодавчого закріплення принципів господарського права на рівні основного галузевого акта – Господарського кодексу України та проаналізовано його статті 5 і 6 ; Статья посвящена анализу и исследованию проблемы принципов хозяйственного права и их законодательного закрепления с целью усовершенствования и исправления существующих недостатков для наделения принципов хозяйственного права практическим значением. Сделан содержательный анализ статей 5 и 6 Хозяйственного кодекса Украины ; Problem setting. The question of the principles of law is very actual in today's conditions because of their functional tasks.The state of modern economic legislation is not perfect. The principles of law become increasingly impotent at this time, as the guiding, fundamental principles that determine the essence and content of law, based on the moral, political and economic values of society. The principles of law simultaneously establish the content and direction of law-making and law enforcement process.Despite the great importance of the principles of law for the process of legal regulation, unfortunately, the topic of the principles of commercial law is not sufficiently investigated today, and this effective legal instrument is using not enough for regulating public relations.There is no common approach to the definition of the content and classification of the principles of commercial law, and the Commercial Code of Ukraine contains Art. 5 "Constitutional Principles of Law Enforcement in the Sphere of Management", Art. 6 «General principles of management», Art. 44 "Principles of entrepreneurial activity", but has no article defining the principles of commercial law.Recent research and publications analysis. Scientific-theoretical base of research are the works of such famous scientists: S. S. Alekseev, G. L. Znamenskiy, A. M. Kolodiy, V. K. Mamutov, S. P. Pohrebnyak, O. O. Uvarova, M. V. Tsvik, V. S. Shcherbina and etc.Paper objective. The purpose of the article is an attempt to highlight the contemporary content of the issues of the principles of commercial law and their legislative consolidation in order to improve and rectify existing deficiencies in order to give them effectiveness and practical value.Paper main body. Principles of law, as the most effective legal means, should be used by the legislator as much as possible. Each codified act must contain the basic provisions in which the basic principles of legal regulation or principles, which are "rules of the game" for all the participants of the legal relationship falling within the scope of its regulation, must be determined. The established rules should be binding on the legislator, who adopts regulations that must comply with the established principles of law, and for law enforcement officials.Despite the actuality and effectiveness of the principles of law in the Commercial Code of Ukraine there are no rules on the principles of commercial law, and certain principles contained in separate articles of the code are not effective because of the lack of legal techniques for setting out them.The general provisions of the sectoral code contain Art. 5 "Constitutional Principles of Law Enforcement in the Sphere of Management", Art. 6 «General principles of management», the analysis of which is seen as follows.All provisions of Article 5 of the Commercial Code of Ukraine (with the exception of the rule of the optimal combination of market self-regulation of economic relations of economic entities and state regulation of macroeconomic processes) completely duplicate the norms of the Constitution of Ukraine, which, by virtue of Part 3 of Art. 8 of the Main Law, have the highest force of law and therefore directly applicable and do not require to reintroducing them to other normative legal acts for giving them effectivenessContents of Art. 6 of the Commercial Code of Ukraine partially coincides with the norms of the Constitution of Ukraine and Article 5 of the Economic Code of Ukraine. The legal technique that is used in the implementation of the principle of freedom of entrepreneurship is flawed and restricts the rights, which are guaranteed by the Constitution of Ukraine, that is inadmissible. The legal technique of the implementation of the principle of limiting state regulation of economic processes and the principle of the prohibition of unlawful interference of government bodies and local self-government bodies, their officials in economic relationships is imperfect also.Conclusions of the research. All of the foregoing gives grounds for concluding that:1. The economic code of Ukraine in the part of defining the bases of law and order in the sphere of economic activity and principles of management, contains provisions that are simple duplication of the norms of the Constitution of Ukraine, that are in majority cases are only useless, but sometimes this provisions even are contradictory to the Constitution of Ukraine due to the imperfection of legal technique their implementation. There are the lot of unnecessary repeats in the economic code of Ukraine itself.2. All these disadvantages exist at a time when, the basically codified act of the branch of economic law does not contain an article about the principles of economic law, which should be the basis for determining the direction of legal regulation of economic relations, for giving an opportunity to resolve legal conflicts and fill gaps in economic law, for interpretations of legal norms and establishing standards, values and guidelines for the participants in economic relations.3. The problem of principles of economic law seems to be an independent and especially actual object of economic and legal research, and therefore requires special complex scientific researches in order to make the principles of economic law a real instrument of economic and legal regulation in conditions of the extraordinary dynamics of development of economic legislation and the existence of luge numbers of conflicts of law. Short Abstract for an article ОAbstracts: The article is devoted to the analysis and research of the problem of the principles of economic law and their legislative consolidation with the aim of improving and correcting the existing shortcomings for giving the principles of economic law a practical value. The article gives a detailed analysis of article 5 and article 6 of the Commercial Code of Ukraine.

Розглянуто проблеми законодавчого закріплення принципів господарського права на рівні основного галузевого акта – Господарського кодексу України та проаналізовано його статті 5 і 6 ; Статья посвящена анализу и исследованию проблемы принципов хозяйственного права и их законодательного закрепления с целью усовершенствования и исправления существующих недостатков для наделения принципов хозяйственного права практическим значением. Сделан содержательный анализ статей 5 и 6 Хозяйственного кодекса Украины ; Problem setting. The question of the principles of law is very actual in today's conditions because of their functional tasks.The state of modern economic legislation is not perfect. The principles of law become increasingly impotent at this time, as the guiding, fundamental principles that determine the essence and content of law, based on the moral, political and economic values of society. The principles of law simultaneously establish the content and direction of law-making and law enforcement process.Despite the great importance of the principles of law for the process of legal regulation, unfortunately, the topic of the principles of commercial law is not sufficiently investigated today, and this effective legal instrument is using not enough for regulating public relations.There is no common approach to the definition of the content and classification of the principles of commercial law, and the Commercial Code of Ukraine contains Art. 5 "Constitutional Principles of Law Enforcement in the Sphere of Management", Art. 6 «General principles of management», Art. 44 "Principles of entrepreneurial activity", but has no article defining the principles of commercial law.Recent research and publications analysis. Scientific-theoretical base of research are the works of such famous scientists: S. S. Alekseev, G. L. Znamenskiy, A. M. Kolodiy, V. K. Mamutov, S. P. Pohrebnyak, O. O. Uvarova, M. V. Tsvik, V. S. Shcherbina and etc.Paper objective. The purpose of the article is an attempt to highlight the contemporary content of the issues of the principles of commercial law and their legislative consolidation in order to improve and rectify existing deficiencies in order to give them effectiveness and practical value.Paper main body. Principles of law, as the most effective legal means, should be used by the legislator as much as possible. Each codified act must contain the basic provisions in which the basic principles of legal regulation or principles, which are "rules of the game" for all the participants of the legal relationship falling within the scope of its regulation, must be determined. The established rules should be binding on the legislator, who adopts regulations that must comply with the established principles of law, and for law enforcement officials.Despite the actuality and effectiveness of the principles of law in the Commercial Code of Ukraine there are no rules on the principles of commercial law, and certain principles contained in separate articles of the code are not effective because of the lack of legal techniques for setting out them.The general provisions of the sectoral code contain Art. 5 "Constitutional Principles of Law Enforcement in the Sphere of Management", Art. 6 «General principles of management», the analysis of which is seen as follows.All provisions of Article 5 of the Commercial Code of Ukraine (with the exception of the rule of the optimal combination of market self-regulation of economic relations of economic entities and state regulation of macroeconomic processes) completely duplicate the norms of the Constitution of Ukraine, which, by virtue of Part 3 of Art. 8 of the Main Law, have the highest force of law and therefore directly applicable and do not require to reintroducing them to other normative legal acts for giving them effectivenessContents of Art. 6 of the Commercial Code of Ukraine partially coincides with the norms of the Constitution of Ukraine and Article 5 of the Economic Code of Ukraine. The legal technique that is used in the implementation of the principle of freedom of entrepreneurship is flawed and restricts the rights, which are guaranteed by the Constitution of Ukraine, that is inadmissible. The legal technique of the implementation of the principle of limiting state regulation of economic processes and the principle of the prohibition of unlawful interference of government bodies and local self-government bodies, their officials in economic relationships is imperfect also.Conclusions of the research. All of the foregoing gives grounds for concluding that:1. The economic code of Ukraine in the part of defining the bases of law and order in the sphere of economic activity and principles of management, contains provisions that are simple duplication of the norms of the Constitution of Ukraine, that are in majority cases are only useless, but sometimes this provisions even are contradictory to the Constitution of Ukraine due to the imperfection of legal technique their implementation. There are the lot of unnecessary repeats in the economic code of Ukraine itself.2. All these disadvantages exist at a time when, the basically codified act of the branch of economic law does not contain an article about the principles of economic law, which should be the basis for determining the direction of legal regulation of economic relations, for giving an opportunity to resolve legal conflicts and fill gaps in economic law, for interpretations of legal norms and establishing standards, values and guidelines for the participants in economic relations.3. The problem of principles of economic law seems to be an independent and especially actual object of economic and legal research, and therefore requires special complex scientific researches in order to make the principles of economic law a real instrument of economic and legal regulation in conditions of the extraordinary dynamics of development of economic legislation and the existence of luge numbers of conflicts of law. Short Abstract for an article ОAbstracts: The article is devoted to the analysis and research of the problem of the principles of economic law and their legislative consolidation with the aim of improving and correcting the existing shortcomings for giving the principles of economic law a practical value. The article gives a detailed analysis of article 5 and article 6 of the Commercial Code of Ukraine.

Розглянуто проблеми законодавчого закріплення принципів господарського права на рівні основного галузевого акта – Господарського кодексу України та проаналізовано його статті 5 і 6 ; Статья посвящена анализу и исследованию проблемы принципов хозяйственного права и их законодательного закрепления с целью усовершенствования и исправления существующих недостатков для наделения принципов хозяйственного права практическим значением. Сделан содержательный анализ статей 5 и 6 Хозяйственного кодекса Украины ; Problem setting. The question of the principles of law is very actual in today's conditions because of their functional tasks.The state of modern economic legislation is not perfect. The principles of law become increasingly impotent at this time, as the guiding, fundamental principles that determine the essence and content of law, based on the moral, political and economic values of society. The principles of law simultaneously establish the content and direction of law-making and law enforcement process.Despite the great importance of the principles of law for the process of legal regulation, unfortunately, the topic of the principles of commercial law is not sufficiently investigated today, and this effective legal instrument is using not enough for regulating public relations.There is no common approach to the definition of the content and classification of the principles of commercial law, and the Commercial Code of Ukraine contains Art. 5 "Constitutional Principles of Law Enforcement in the Sphere of Management", Art. 6 «General principles of management», Art. 44 "Principles of entrepreneurial activity", but has no article defining the principles of commercial law.Recent research and publications analysis. Scientific-theoretical base of research are the works of such famous scientists: S. S. Alekseev, G. L. Znamenskiy, A. M. Kolodiy, V. K. Mamutov, S. P. Pohrebnyak, O. O. Uvarova, M. V. Tsvik, V. S. Shcherbina and etc.Paper objective. The purpose of the article is an attempt to highlight the contemporary content of the issues of the principles of commercial law and their legislative consolidation in order to improve and rectify existing deficiencies in order to give them effectiveness and practical value.Paper main body. Principles of law, as the most effective legal means, should be used by the legislator as much as possible. Each codified act must contain the basic provisions in which the basic principles of legal regulation or principles, which are "rules of the game" for all the participants of the legal relationship falling within the scope of its regulation, must be determined. The established rules should be binding on the legislator, who adopts regulations that must comply with the established principles of law, and for law enforcement officials.Despite the actuality and effectiveness of the principles of law in the Commercial Code of Ukraine there are no rules on the principles of commercial law, and certain principles contained in separate articles of the code are not effective because of the lack of legal techniques for setting out them.The general provisions of the sectoral code contain Art. 5 "Constitutional Principles of Law Enforcement in the Sphere of Management", Art. 6 «General principles of management», the analysis of which is seen as follows.All provisions of Article 5 of the Commercial Code of Ukraine (with the exception of the rule of the optimal combination of market self-regulation of economic relations of economic entities and state regulation of macroeconomic processes) completely duplicate the norms of the Constitution of Ukraine, which, by virtue of Part 3 of Art. 8 of the Main Law, have the highest force of law and therefore directly applicable and do not require to reintroducing them to other normative legal acts for giving them effectivenessContents of Art. 6 of the Commercial Code of Ukraine partially coincides with the norms of the Constitution of Ukraine and Article 5 of the Economic Code of Ukraine. The legal technique that is used in the implementation of the principle of freedom of entrepreneurship is flawed and restricts the rights, which are guaranteed by the Constitution of Ukraine, that is inadmissible. The legal technique of the implementation of the principle of limiting state regulation of economic processes and the principle of the prohibition of unlawful interference of government bodies and local self-government bodies, their officials in economic relationships is imperfect also.Conclusions of the research. All of the foregoing gives grounds for concluding that:1. The economic code of Ukraine in the part of defining the bases of law and order in the sphere of economic activity and principles of management, contains provisions that are simple duplication of the norms of the Constitution of Ukraine, that are in majority cases are only useless, but sometimes this provisions even are contradictory to the Constitution of Ukraine due to the imperfection of legal technique their implementation. There are the lot of unnecessary repeats in the economic code of Ukraine itself.2. All these disadvantages exist at a time when, the basically codified act of the branch of economic law does not contain an article about the principles of economic law, which should be the basis for determining the direction of legal regulation of economic relations, for giving an opportunity to resolve legal conflicts and fill gaps in economic law, for interpretations of legal norms and establishing standards, values and guidelines for the participants in economic relations.3. The problem of principles of economic law seems to be an independent and especially actual object of economic and legal research, and therefore requires special complex scientific researches in order to make the principles of economic law a real instrument of economic and legal regulation in conditions of the extraordinary dynamics of development of economic legislation and the existence of luge numbers of conflicts of law. Short Abstract for an article ОAbstracts: The article is devoted to the analysis and research of the problem of the principles of economic law and their legislative consolidation with the aim of improving and correcting the existing shortcomings for giving the principles of economic law a practical value. The article gives a detailed analysis of article 5 and article 6 of the Commercial Code of Ukraine.

FLORENS'S RESISTANCE AGAINST SLAVERY IN TONI MORRISON'S A MERCY Dwi Arum Maryati English Literature, Faculty of Languages and Arts, Surabaya State University dwiarummaryati@yahoo.com Drs. Much. Khoiri, M.Si English Department, Faculty of Languages and Arts, Surabaya State University much_choiri@yahoo.com Abstrak Studi ini berpusat pada Florens sebagai karakter utama dan sebagai orang kulit hitam dan pengalaman hidupnya dalam sistem perbudakan pada abad ketujuh belas di Virginia dan perlawanannya terhadap hal tersebut yang terungkap dalam novel A Mercy. Penelitian ini menggunakan kedua konsep, yaitu konsep perbudakan dan teori Marxis feminis oleh Karl Max. Selain itu, untuk perlawanan yang dilakukan oleh karakter utama, konsep pertahanan seperti istilah silent oleh Audre Lorde, divisi Lanser tentang feminisme dan konsep Engel tentang meniru kaum borjuis juga digunakan untuk melakukan analisis. Selain itu, latar belakang perbudakan di Virginia juga disampaikan untuk memberikan gambaran tentang perbudakan untuk menjawab alasan mengapa Florens ingin melawan sistem perbudakan. Data dalam bentuk kutipan, komentar, dan dialog dalam novel yang mengekspos perbudakan dan pengalaman hidup Florens dan perlawanannya. Analisis kehidupan perbudakan yang dialami oleh tokoh utama dalam novel ini menunjukkan bahwa ia telah hidup sebagai budak kulit hitam dan tidak memiliki hak untuk memiliki kehidupan yang lebih baik. Cara karakter utama mengungkapkan perasaannya tentang perbudakan melalui surat yang ditulis untuk majikannya dan sikap yang meniru kaum borjuis mencerminkan perlawanannya terhadap perbudakan. Kata Kunci: teori Marxist Feminist, perbudakan, orang kulit hitam, perlawanan. Abstract This study is centered on Florens as the main character and as a Negro and her life experiences of slavery in the seventeenth century in Virginia and her resistance against it in the novel A Mercy. The study uses both slavery concept and Marxist Feminist criticism by Karl Max. In addition, for the resistance that the main character does, the concept of resistance such as silent terms Audre Lorde, Lanser's division of feminism and Engel's concept about imitating bourgeoisie are also used to conduct the analysis. Moreover, slavery background in Virginia is also delivered to give a description about slavery to approach the reason why Florens wants to resist the slavery system. Data are in form of quotations, comments, and dialogues inside the novel that expose the slavery of Florens's life experiences and her resistance. The analysis of slavery life experienced by the main character in the novel shows that she has lived as Negro slave and has no rights to have a better life. The way the main character expresses her feeling about slavery through the letter that she writes for her master and her attitude that imitating the bourgeoisie is reflecting the resistance against slavery. Keywords: Marxist Feminist criticism, slavery, Negro, resistance. INTRODUCTION Slavery is a relationship in which one person is controlled by violence through violence, the threat of violence, or psychological coercion, has lost free will and free movement, is exploited economically, and paid nothing beyond subsistence. (http://en.wikipedia.org/wiki/Slavery retrieved on October 20th, 2013). Slave means a person who is legally owned by someone else and has to work for them, while slavery means the activity of having slaves or the condition of being a slave. Historically, slaves were institutionally recognized by many societies. They recognized slaves merely as property but others saw them as dependents who eventually might be integrated into the families of slave owners. By the end of 17th century, there were many slavery system and freedom power of the different classes. In America Literary Thought Book reveals that indispensible to the rich sugar economy of the British West Indies, slavery at first was more a convenience than a necessity in the thirteen colonies. Slavery had been practiced inBritish North Americafrom early colonial days. In 1619, twenty Africans were brought by a Dutch soldier who had seized them from a captured Spanish slave ship and sold to the English colony ofJamestown, Virginiaas"indentured servants". The Spanish usually baptized slaves in Africa before embarking them. As English law considered baptized Christians exempt from slavery, these Africans joined about 1,000 English indentured servants already in the colony. By Colonial America Period, in 1671 Governor Berkeley of Virginia reported 2.000 slaves in the colony as against 4.000 white servants, but after 1680 the Negro population began to grow enormously, and in 1715 had reached 23.000 in Virginia alone. (Horten and Edward, 1967: 376). The novel is A Mercy, and this novel has many sources in culture values and social status values. Both of them are combined into many action and many different events in each period at that time. Then, A Mercy by Toni Morrison depicts slavery which is happened in the end of 17th century. The author describes about the slavery situation, women slaves, the economic situation, and the resistance against slavery in Virginia to amuse reader in understanding this country. The issues are the slavery situation, women slaves, and resistance against slavery. These issues will be discussed more interesting and that the novel can reveal more complex than one perspective or a certain point in one character, or a setting of the study. Toni Morrison's ninth novel, A Mercy, published in 2008. It is set in the 1690s, in the slave era, at a time when it was perilous to be without the "protection" of a man, independent women were still suspected of being witches and paternalistic relations between men and women were still the norm. In this novel, Morrison brings together representatives of all the major racial categories in the New World—African, Native American, Anglo and mulatto. A Mercy is set in the America of the 1680s, a dangerous time for everyone, male or female, slave or free. There's Florens, Rebekka, Vaark's wife; Lina, a dependable servant who is also Rebekka's closest friend; Sorrow, an odd girl whose dreamy ways make her a poor slave; and Florens' mother. As Morrison makes clear, all women in this world are at the mercy of the men in their lives; without them, these women are as good as lost. As one character notes, "To be female in this place is to be an open wound that cannot heal. Even if scars form, the festering is ever below." By the slavery period in 1680's, the slavery status can be treated and ruled. They did nothing, because of powerless people in a discrepancy, and there was a choice of freedom to get satisfaction. Florens, Lina, Sorrow, Willard, and Scully were the sacrificed people to be exploited in work area of slavery system by the master of household, and slave trades. As the novel progresses, other characters bring the New World to life, and each struggles to survive in the face of the wilderness that surrounds them. In addition to Florens, several other women add perspective to the novel, and each proves that no woman is truly free, regardless of color or station. In accordance of background study above, it can be simplify to discuss among two problems that emerge as significant concern toward this novel. How is slavery experienced by Florens in Toni Morrison's A Mercy? How is Florens's resistance against slavery in Toni Morrison's A Mercy? This study will uses two concepts and one theory which are in line with the statement of the problems. The first problem is how slavery experienced by Florens depicted in A Mercy. To answer the first problem, this study uses the concept of slavery. Slavery is a system under which people are treated as property to be bought and sold, and are forced to work, (Brace, 2004: 163). There is also an additional slavery background in Virginia which is use to support the analysis. Then the second problem is how Florens's resistance against slavery. This statement will apply the concept of resistance and Marxist feminist. This concept is developed by Karl Marx. It is use to analyze the bad treatment that Florens had as the oppressed low class woman from the brutality of her owner, her experience to confront the slavery and finally her resistance from slavery. RESEARCH METHOD Research methodology that used in this analysis here must be qualified as an applying in literary appreciation. The thesis is regarded as a descriptive-qualitative study and uses a library research. This study uses novel of Toni Morrison entitled A Mercy that published in 2008 as the data source of this study. The datas are in the form of direct and indirect speech of the characters, dialogues, epilogues and quotations which indicate and represent aspect of slavery and the way it is expressed. This thesis is using the library method in collecting the data. It does not use the statistic method. That is why it is not served in numbering or tables. Library research used an approach in analyzing this study. The kind of library research which is used here is intensive or closely reading to search quotations or phrases. It also used to analyze the literary elements both intrinsic and extrinsic. The references are taken from library and contributing ideas about this study from internet that support the idea of analyzing. The analysis is done by the following steps: (1) Classification based on the statement of the problems. This classification is used to avoid the broad discussion. There are two classifications in this study. They are the depiction of slavery that experienced by Florens. (2) Describing the reason for being slave. Quotations classified the reason for being slave that was done by main character in the novel. (3) Describing the slavery that experienced by the main character. In this case, the quotations that showed and indicated the slavery experienced that was done by the main character. (4) Describing the main character's resistance against slavery. In this case, the quotations that are showed how the resistance was done by the main character. (5) Drawing the conclusion based on the analysis which is in line with the problems. ANALYSIS The first section is about the description of Florens's experiences being slave in Master Jacob house. Master Jacob brought Florens from Mr. D'Ortega to pay the whole amount he owes to Master Jacob. Sir saying he will take instead the woman and the girl, not the baby boy and the debt is gone. A minha mae begs no. Her baby is still at her breast. Take the girl, she says, my daughter, she says. Me. Me. Sir agrees and changes the balance due. (Morrison, 2008: 07) That quotation is revealed that Florens was a girl who had been purchased by the Master of Slave at America Slavery. Master Jacob brought Florens from Mr. D'Ortega to pay the whole amount he owes to Master Jacob. After losing the majority of his crew from bad management decisions, D'Ortega offers to give a slave to Jacob to settle their debt. Jacob initially refuses, but requests D'Ortega's favorite servant. Instead, the woman offers her daughter – Florens. The word "minha mae" here means a call for a mother in Portuguese language. She lived with her mother and her brother in Mr. D'Ortega's house. Her mother had been slaved in Senhor house, who is a Parliament member in Maryland. In the beginning of the novel, Florens still call Jacob as "Senhor" and call Mr. D'Ortega as Sir. It means that at that time when the story took place, Florens still Mr. D'Ortega's slave. In the other hand, if the slaveowner can sell or exchange their slave with a debt, the person who their change it must be a slave. Because if they change with a free person is set the law of human right, in that time (in 1690) slave usually can exchange with another materials for their Senhor. For the next psychical condition of Florens is she is known as the seven age years old when she firstly come to Master Jacob's house, and she grow up to the sixteen years when Rebekka as her Mistress Jacob's wife send her to find the blacksmith. Lina says from the state of my teeth I am maybe seven or eight when I am brought here. We boil wild plums for jam and cake eight times since then, so I must be sixteen. (Morrison, 2008: 05) When Florens firstly came to Master Jacob's house she just seven years old, and she did not much understand how and why someone must say and faithful, because she is too young for understanding all things. Here she actually do not know her age exactly, perhaps she never given knowledge of her age from her another, that is why she write with word "or". Here Florens just make statement "I am maybe seven or eight when I am brought here" it can be explained that she is seven ages when she bought to Master Jacob's house. And when she retells her story, she just grows up as a girl in sixteen. Then, Florens also passed her day as a slave with her mother in the previous master's house, as describe, Before this place I spend my days picking okra and sweeping tobacco sheds, my nights on the floor of the cookhouse with a minha mae. (Morrison, 2008: 05) This quotation above described Florens's work in the previous master, Mr. D'Ortega. Her mother had been slaved in Senhor house, who is a Parliament member in Maryland. This condition makes Florens became a slave, because she was born from a slave. She has to fulfill her duties and help her mother. Because she was very young when she lived in Mr. D'Ortega, she got an easy job. She spend her days picking okra and sweeping tobacco sheds. In the night, she sleeps on the floor of the cookhouse with her mother. As a slave, she had no right to ask for a room to sleep, even she was in good health or sick. Moreover, Florens also got a similar treatment when she lives in her new owner, Master Jacob. As follows, In cold weather we put planks around our part of the cowshed and wrap our arms together under pelts. […] in summer if our hammocks are hit by mosquitoes Lina makes a cool place to sleep out of branches. (Morrison, 2008: 06) From the quotation above indicates that Florens treated not too different from the old master. In Master Jacob's house, she sleeps in cowshed with Lina. They just use a planks to separated them with the cows and use the pelts to warm their hands and their body. And when summer comes, they sleep in hammocks that they bonded between two trees. If their hammocks are broken hit by mosquitoes, they build a bed from branches to sleep. Florens would do the slavery with a pleasure, and she wanted to a good treatment. Mistress Jacob had given her a training system to be a servant of household. And as a slave, she must obey all Mistress's order. As reflected in her statement "It proves I am no body's minion but my Mistress (Morrison, 2008: 111)", it means that there was inseparable relationship between slave and their master because the slave owner paid for unlimited work. They have to fulfill their duty from their master at everytime and everywhere. Because the slave master has complete control over all aspects of the life of the slave, whether the slave is educated or provided medical treatment, what the slave eats and wears, and when the slave can ends their work at that day and sleeps. In America Slavery, there were many servants of the Master who had power and powerless in slavery system implied by the Master and Plantation Owners at that time. All the slaves had suffered on the slavery, because of them had no hope to change in the life chances of slavery. With the same position of them, they had worked on the time regularly and they had worked where the slavery rules was obeyed by the slaves. Therefore, this issue would appear a resistance against the slavery. Resistance occurs when some people feels something wrong against their will or unaccepted behaving. Also according to Marx, resistance occurs as class struggle for exploitation as the fundamental cause, due to the extent which increases the size of the exploitation of working class. In this case, the resistance in this novel has been done by a woman slave, named Florens. In contrast, she lived under a tremendous burden. As woman there are treated as inherently inferior to men and are mostly viewed as servants. She has the freedom of movement when she met the blacksmith. She had the thought of being married and changed her life as a free woman. Thus she has the freedom of choice. Moreover, this freedom of choice is complemented by her freedom of thought. The impetus of the entire novel is testament to Florens's thought, as she narrates it to the reader. When a child I am never able to abide being barefoot and always beg for shoes, anybody's shoes, even on the hottest days. (Morrison, 2008: 04) On this quotation revealed that Florens always want to life better. She was born as a nigger, but her desire to live like bourgeoisies lady is huge. She always wanted the best for her. But, born as a slave cause limitations to achieve her dreams. Even for shoes she has to beg for anybody. She tried to convince herself to make a change for her and the other slave. They may poor and worthless, but they want to live like a normal people whose not slave. She never let her foot being barefoot and hurt when she step her foot on the ground, just like bourgeoisie lady. This quotation can supports Marx and Engels's prediction about woman and children in worker class will be a part of worker market, it is not impossible to them making reaction over the capitalism exploitation which increased not by doing revolution but slowly return woman and children into human source in order to imitate the bourgeoisie life style. Florens, she says, it's 1690. Who else these days has the hands of a slave and the feet of a Portuguese lady? (Morrison, 2008: 04) From this quotation then can be said that her heart start to resist and says "enough" for the slavery thing. She decided that one day she will get her freedom but she is not taking some act directly. She waits till the right time show up and she will use that chance. As a starting, she changes her attitude and her perspective like a Portuguese lady which always live in glamorous. Moreover, Florens can read and write among three women in Master's house. It can be seen in Lina's statement about Florens, "Already Florens could read, write. Already she did not have to be told repeatedly how to complete the chore." (Morrison, 2008: 61). That quotation revealed that Florens is a clever person, only herself who can read and write among three women. Master and Mistress also do not need to tell Florens many times to fulfill her work in the house. It means that Florens always one step ahead from others. This makes it easy for her to achieve her dream to be free and have a better life when she has a great thought. The highlight point on her resistance is she resists with non-violence actions as the author writing styles with full of simplicity. Until the time Master Jacob develops the pox while building his own grand home, and when close to death, he requests to be brought to the new house to die. After Jacob dies, Rebekka develops pox herself. It brings Florens to her passionate love for the unnamed man comes up again. Her obsession with the man illustrates her youth and inexperience in love. This man also happens to be Florens's lover, and she goes to him with hope in her heart for a new and different life. Lina sends her on a wagon to find the blacksmith since he was able to cure Sorrow of her pox previously. She thus begins her journey alone to find the man she loves with the medicine Rebekka needs. "I'm adoring you" Florens said "And a slave to that too" "You alone own me" (Morrison, 2008: 141) Indicates that her desire becomes stronger and she does not want to postpone it. This thinking is related to Lanser's theory about the first level of feminism. "Feminine: The main female character in that literary looking about respect for her existence and tries to find a space in togetherness live with other social classes (man)." She belongs to this level due to her thought about marriage things. She wants to find a man who will pay the refund for her to Vaark's family. Also her thinking also refers to find her existence while all the daylong she is considered as never existed. The blacksmith leaves almost immediately in order to reach Rebekka before the illness takes her life. The man who loved by Florens choose his child rather than being married with Florens. While Florens is overjoyed to be with the blacksmith again, she realizes that he may not feel the same way. He has adopted a young boy, and Florens is worried because the blacksmith acts as if the boy is his future. Not Florens. He tells her, "Own yourself, woman, and leave us be". Florens is in shock over her lost love and once again feels the pain of abandonment she first experienced when her mother urged Jacob to take her. It means her internal conflict appears again and she already thinks about getting her freedom. Her desire to get free is close enough and makes her thinks to leave Vaark's family as soon as she can. Since her way to get freedom from being married with the blacksmith is failed. Thus, Mistress is now paying Willard and Scully to help out on the farm, while Mistress herself "beats Sorrow, has Lina's hammock taken down, and advertises the sale of Florens" (Morrison, 2008: 155). This quotation revealed that as Florens's owner, Mistress uses her power and authority to anything to her slave, including sell her to the new owner. Scully allows these things to happen without remarking on them because he needs the money Rebekka is paying him in order to one day be free. As Rebekka considers selling Florens and giving Sorrow, the girl who has an imaginary friend and is too naive to understand her pregnancies away, Sorrow wants to escape. But, Florens wants to finish her story to the blacksmith and Mistress. Afterwards, she runs back to the Vaark farm. Florens is writing her story on the floor and walls of the big house Jacob insisted upon constructing. "You won't read my telling. You read the world but not the letters of talk." (Morrison, 2008: 160). She writes both in hopes that the blacksmith will one day read her account as well as a means to catharsis, to free herself from the pain of her multiple abandonments. Florens laments the changes Rebekka has undergone as a result of her new religious piety and the cruelty she has enacted upon the slaves, as described, Downstairs behind the door in the room where Sir dies. Mistress slaps her face. Many times. [….] Her churchgoing alters her but I don't believe they tell her to behave that way. (Morrison, 2008: 159) Florens' reiterates the blacksmith's conviction about intellectual slavery and writes "that it is the withering inside that enslaves and open the door for what is wild" (Morrison, 2008: 187). Even though the process of writing is painful, "My arms ache but I have need to tell you this" (Morrison, 2008: 188), it is necessary to do so in order for Florens to be free, as follows, I am become wilderness but I am also Florens. In full. Unforgiven. Unforgiving. No ruth, my love. None. Hear me? Slave. Free. I last. (Morrison, 2008: 161) From the quotation above indicates that she begins saying her opinion, her willing to get free through the letter. Like Audre Lorde's statement about silence transformed into an action, Florens statement is considered to be her action form and also as David B. Loughram stated about resistance types: speech and action. Actually she really in a crisis situation because she can get caught and killed by stating statements that she wants to be free by herself not by her master. Her action actually has a big risk, remembering the rule of slavery is they do not have any rights to speak or against their owner as the person who has the power in exploiting and controlling them. Declaring that she is free by herself clarified that she is truly freed from Mistress Jacob's slavery. This quotation strongly supports Florens to classify as the second level feminist according to Lanser. Therefore, she belongs to the second level feminism because she already takes an action by brave stating her freedom and took a defense from the physical abused from her owner. CONCLUSION In this chapter, the conclusion of the study of Florens's Resistance Against Slavery in Toni Morrison's A Mercy is stated. Based on the analysis of the study there are two conclusions which related with statements of the problems drawn: the depiction of Florens's experienced in Slavery in Toni Morrison's A Mercy, and the resistance against slavery in the novel. First, the study shows the events were depicted the slavery that experienced by the slave who served their master in the novel. There is a main character who is Florens and some other supporting character who had been slave. Florens is African Black Slave Girl, Lina is Native American Slave, Sorrow is a mixed – blood girl and she was an unpaid slave, Willard and Scully are indentured servants from Europe. Therefore, they get different responsibility and different treatment of Master Jacob's determination in the farm house, and companies. Toni Morrison shows up a certain illustration of a slavery background and how Florens was working and getting a different treatment and a different benefit that lead to resistance against slavery. Florens came from family in a poor line, and she was taken by Master Jacob Vaark, and she had helped to the Jacob's family as a household. At the last period, she was a Negrita Girl. Florens has worked to the tobaccos company, and Master provided to her in living, and he also gave a good care for her condition. After Master died, she did not find a protection from Mistress. She wanted to escape from a Big House when Mistress wants to sell Florens again for the second time. Same as Florens, Sorrow wanted to escape from a Big House after Master died, because Mistress Jacob gave displeasure treatment on her works in a garden and sewing training. She also treated by Mistress Jacob with displeasure when she took a care for her baby intensively. Mistress Jacob did not like Sorrow's baby while she had lost of her baby. Second, the main character, Florens, resists the system of slavery by doing resistance to her owners, Vaark's family. Her resistance can be seen from her action and also her speech through letter that she written in Big House as the types like David B. Loughram stated. Her resistance also categorized as non-violence resistance because she does not do anything harmful when she resists them. It also the way to fulfill her material needs; freedom (as in historical materialism discussed). She also categorized into second level feminism as Lanser observed; she declare her freedom by herself is categorized into the second level. Because she already brave to speak up and take some action to realized her dream. Moreover, she considers as young sophisticated woman because all education and knowledge that she got when she was working as slave in Vaark's family. This case also represents Engels's theory in his works which stated about "Imitating bourgeoisie". Florens in here is the represent from Engels's theory. She imitates the bourgeois life style. She speaks like them, her style like them, and also wants to marry and living like them. REFERENCE Brace, Laura. 2004. "Slaveries and Property: Freedom and Belonging". The politics of property: labour, freedom, and belonging. Edinburgh: University Press. Engels, Friedrich. 1884. The Origins of the Family, Private Property and the State. Atlanta: Pathfinder Press. Horton, Rod W and Herbet Edward. 1967. Background of American Literary Thought. New York: APPLETON-CENTURY-CROFTS Division of Meredith Corporation. Loughran, David B. 1998. Rebellion. Scotland: Stewarton Bible School Press. Marx, Karl. 1887. Das Capital. Moscow: Progress Publishers. Morrison, Toni. 2008. A Mercy. New York: A Division of Random House, Inc. Olson, Loster C. 1997. "On the Margins of Rhetoric: Audre Lorde Transforming Silence into Language and Action". Quarterly Journal of Speech 83. pp. 49-70. Internet Source: (http://en.wikipedia.org/wiki/History_of_slavery_in_Virginia) retrieved on October 20th, 2013. (http://en.wikipedia.org/wiki/Slavery) retrieved on October 20th, 2013.

The WSU Stewart Library Annual UC-UI Symposium took place from 2001-2007. The collection consists of memorabilia from the symposium including a yearly keepsake, posters, and presentations through panel discussions or individual lectures. ; Audio Recording ; The Wattis Brothers: Spanning Distances, Spanning Eras a commemorative lecture presented at the 2007 Utah Construction/ Utah International Symposium The Beginning of an Era by Dr. Stan Layton Thursday, October 18, 2007 2 Well thank you Gene for that very gracious introduction and thanks to all of you for being here today. I'm particularly gratified to see so many of my students in the audience. I am teaching a class in Utah history this very hour. I gave my students an exam two days ago and I told them if they didn't come here to listen to the old man they'd never get their exams back. Here they are. Not long ago as I was walking towards parking lot A1 a nicely dressed middle aged couple hailed me asked me for directions to the Waters Building. I was pleased to correct their pronunciation and point them toward the Wattis Building. Once again I found myself asking why the Wattis name is not better know in our larger community. Why is it not as immediately recognized as a Huntsman, Matheson, Bamberger, Eccles or Sadler? I've got to tell you my research assistance Stephanie as she read this paper last week and we talked about it over the weekend, she read that sentence and she said, " Wouldn't say, Dee be a better name for this purpose?" I said, " Stephanie, that's a joke." Edmund O. and William H. Wattis are men of towering importance in twentieth century Utah history. They put together a construction company that in true Horatio Alger fashion expanded in size and stature to become one of the largest in the nation and left an indelible mark on the Utah, Western American, Mexican and Australian landscapes. They served as model citizens, family men, community servants and philanthropists. Their business acumen still serves as a model for today's entrepreneurs and their eventful lives continue to fascinate historians. 3 I am sure that most of us in this room have had our lives impacted in some small way by the Wattis family. They influenced the place of my birth for example. For three generation on both sides of my family, as Gene intimated, all my forbearers had been born in Layton. All of the sudden there I was as a newborn in a hospital in Puyallup Washington. Condemn throughout my childhood to try to conceal my embarrassment at having entered the world at such an awful sounding place. That angst was not eased in the least by my mothers constant telling of a joke about two boys with the unlikely name of Atle and Allup who surprised a skunk as they were walking one day. " See Atle," yelled the one. " Pew Allup," replied the other. I even thought of having my dear old mom come and tell that joke for you, but unfortunately she passed away about three weeks ago. My parents had been gone to Washington a few years earlier. Having a small child but no money or prospects they gathered up their meager belongings and headed for the construction site of the Grand Cooley Dam, where Utah Construction Company was a major subcontractor. My mother gave me this magazine just a few days before she died. I didn't know that she had it, but she and my dad always, always treasured their time in Washington. Several other Davis County families in similar circumstances were already there and had gained work, maybe Stan and Viola Layton would be so lucky. They were. Ultimately the wielding skills my dad acquired on this job and others opened up greater opportunities, including employment at the Tacoma Ship Yard which was yet another Wattis related enterprise. It was then while he and my mother lived in 4 the neighboring community of Puyallup that I was born. I like to think that my dad was the man behind the wielding hood in this photo. How might your lives have been touched by the Wattis brothers, William H. and Edmund O? Perhaps simply by taking a class over here in our Wattis Building, or maybe flipping on a light switch in a Las Vegas hotel room, or enjoying fresh apple grown in irrigated orchards of central Washington, or maybe boating on our Pineview Reservoir. Certainly as President Milliner said tens of millions of lives have been impacted, and will continued to be impacted everyday by the dams built, transportation systems constructed and mines developed by the Wattis brothers, and their Utah Construction Company, later named Utah International. How delighted I am as a Utah historian to see William and Edmund Wattis begin to receive the recognition due them and what a special treat to have been selected for a research fund, fellowship funded by the heirs of their company and administered by the Stewart Library. Very, very much appreciated. Then to have these library administrators suggest that I focus specifically on the Wattis brothers was the perfect scenario for me. I had first run across W. H. in researching my master's thesis forty years ago. These same people, Joan Hubbard and others were also generous in funding two research assistants to help me with this work. Janice LeFevre who is in class now and didn't feel that she could be here, but her husband Steven is here and Steven we appreciate the sacrifices you and the rest of the family made in support of this fellowship this 5 summer. And Stephanie Combe who is here in right in front as is helping me with the visuals today. And they were just of immeasurable assistance all summer. For purposes of this research project the term the Wattis brothers means the two older brothers only. Edmund O. and William H. this is not to minimize the importance of younger brother Warren L. who also played a significant role in the company's success. Rather it is simply a necessity of establishing realistic limits on the scope of this work. Let us begin with a short survey of Utah Construction/ Utah International. Just to get a feel for the scope, diversification and significance of its enterprises. And this will be short. You've all seen the photos, you've heard Tom Alexander's excellent presentation, you have probably I see a number of you have some of the booklets published by the library and so you don't need a long survey here of the scope of their work. Utah Construction Company evolved from a twenty year affiliation with the four Corey Brothers. They were brothers to the Wattis mother. In a number of railroad and canal construction projects in Colorado, Utah, Wyoming, Montana and Oregon the Wattis brothers bought half the stock in the newly reorganized Corey Brothers incorporated in 1886. The company thrived for several years before collapsing in the financial crash of the mid 1890' s. From its ruins Utah Construction emerged without the Coreys as you heard last hour. Incorporated in the year 1900 Utah Construction Company first undertook small scale railroading projects in Idaho, then several larger ones in Nevada and California, which included that daunting 942 mile Feather River route and then in Utah which included a portion of the Denver and Rio Grande track between 6 Soldier Summit and Helper. Then in 1915 Utah Construction made its entry into dam building. Beginning with our own East Canyon Dam which is another way in which many of us have been impacted. Without East Canyon Dam and the irrigation water impounded there Davis County would never have enjoyed the prosperity it has. Gene mentioned our farm our 100 acre family farm. Every six days this summer I was there irrigating that farm and I took pride in the prosperity of the farm and green alpha and the corn that we produced and I couldn't have done it without that East Canyon Dam. Railroad construction and dam building projects much too numerous to be detailed here were the companies bread and butter throughout the 1920' s. Then came the granddaddy of all construction projects in 1931, Hoover Dam, began in 1931. Where in Utah Construction Company joined Morrison Knudson, Bechtel, Kaiser and others to form six companies, to form Six Companies the name of that conglomerate to span the mighty Colorado River. It is a measure of the reputation enjoyed by the Wattis brothers that William, and he according to the style of the day took to his initials W. H. and so I'm going to refer to him by that term throughout the remainder of the paper, he was named president of this huge conglomerate. And Edmund O., similarly went by his initials E. O., was named second vice president and they referred to each other by their respective initials and sign their names and other documents with those initials. As fate would have it both brothers died before the dam was completed in 1935. However the reputation gained by Utah Construction during this time allowed the company to continue to shine for another generation. Gene Sessions 7 and Sterling Sessions in their outstanding business biography list eighteen major dam building projects completed during the period 1936 and 1959 after their deaths by Utah Construction, including Pineview and Wanship in our own backyard. The warriors brought contracts in ship building including at that aforementioned Tacoma Ship Yard and road construction including the famous Alcan Highway. They had an important contract for a portion of that highway. After World War II the company entered into an entirely new phase, emphasizing mining which dominated its operations into the modern era, revived its financial strength and turned it into a multinational corporation. This paper advances the thesis that although E. O. and W. H. Wattis were not particularly well positioned by birth or education to achieve the remarkable success that they did, nevertheless we can identify certain character traits, experiences and opportunities that they took full advantage of in their quest for success. Pouring through hundreds of documents this summer my research assistance and I have identified six such factors of success we've called them, which I summarize in the following pages. First, these brothers had a remarkable knack for recognizing opportunity when they saw it and making the most of it. A good example of this aptitude is visible in their very first construction experience. Grading portions of the Union Pacific track as the initial transcontinental line approached Utah in 1868 and headed right for the Wattis farm in Uintah. The younger brother William was only ten years old and too young to hire on, but he undoubtedly observed the activity with wide eyed interest knowing that his older brother was one of the workers. 8 Edmund was only thirteen and had to have help in yoking his oxen, but his diligence paid off. And at the end of several months he brought home $ 225. This seemed like a small fortune to that cash strapped family. Of the 5,000 local men, Leonard Arrington tells us 5,000 worked on that project, only a handful used the experience as a career path in heavy construction. But E. O. Wattis was one. Opportunity came right down the tracks for these brothers and they jumped aboard. I'm indebted to my research assistant Janice LeFevre for putting it that way, but I love the way she said it. Opportunities came right down the tracks for these brothers and they jumped aboard. Second, both of these men reflected traditional agrarian values of hard work and perseverance. Farm youngsters learned the importance of looking after details and of staying with a task to its completion regardless of weather conditions. They learned safety consciousness and patience with animals. And it was of no small benefit to these boys that they were skilled in working with oxen, mules and draft horses. Both grew into large men who were strong and full of grit. Oh that's an excellent photo. I could not find a single job that they ever quit on. And I was interested in that Tom Alexander pointed out that that was a trait of David Eccles as well. Particularly revealing was E. O.' s involvement with the Coreys that is two uncles and three other men in the transportation of a wagon load of whiskey from Kelton, Utah to Boise, Idaho in the year 1868. Young Wattis was only thirteen years old but proved to be one of the steadiest of the group when bad weather 9 overtook them. All except him began nipping at that whiskey and all except him suffered frost bite. Third, was the development of the self confidence to stride forward on their own. Quite likely the single most fortuitous business decision they ever made was to end their partnership with the Coreys. Even though the implosion of Corey Brothers was cause by the panic of 1893, the break up of that company must have been difficult for the Wattis's on a personal level. The Coreys after all were family, uncles and cousins and the Wattis's had worked with them or for them since childhood and incorporated with them since 1886. Nevertheless the Coreys did not have the acumen or stability to thrive as a modern company. I'm convinced that they didn't, but that was only an intuitive and deductive conclusion and I was gratified as I listened to Tom's paper last hour that he apparently moved toward that same conclusion and he had the benefit of some primary source documentations to draw his conclusions from. But I know that numerous Corey cousins plugged in and out of the company. The elder Coreys insisted on dominating the decision making even though the Wattis brothers owned fifty- one percent of the stock and were better decision makers. And the elder uncle, Warren Corey, could be petty and vindictive and I was a little worried about advancing that point of view in those words, but I'm much reassured by Tom's paper. On of the truly remarkable document in twentieth century Utah political history is Warren Corey's open letter to his nephew W. H. Wattis published in the Salt Lake Tribune in August of 1928 reeking of spite this letter chides W. H. for being an unsuccessful candidate on 10 several previous occasions. Labels him a lame duck, obviously not understanding the meaning of that term and accuses him of being a disloyal party member and I know that that was not true based on a lot of years of research and so I wondered what was the cause of that animosity. There was something else there that I was not able to see from my research and again much indebted to Tom Alexander for having enlightened me and all of the audience this morning on that. The bitter animosity of this letter speaks volumes as to the Wattis' good fortune in being rid of the irascible man. By the same token the Wattis alignment with the Ogden financiers Thomas D. Dee, David Eccles and others following the breakup of the Coreys was undoubtedly the single most fortunate occurrence in their business lives. Fourth, was a commitment to a hands- on management style. No wonder they fit so well with David Eccles. Don't you agree? These were men who maximized their time on the construction site and minimized their time in the board room, especially during their early and middling years. They were comfortable with dust in their nose, blisters on their feet, calluses on their hands and dirt under their fingernails. In 1893 on one of his last jobs with Corey Brothers W. H. Wattis then 34 and a full partner was operating a slip plow on the Portland- Astoria job site when he received a surprise visit from his new financiers David Eccles, Thomas Dee and others and on that occasion one of them gave him a cigar. " I wish it had been a twenty- five cent piece," he later recalled, " Since I hadn't eaten food for a day and a half." This was a full partner. 11 The older brother held the same commitment to tenacity and detail the Wattis brothers were managers yes, and they grasped the big picture yes, but they were also detail men who understood the need to worry about on site activity. Incidentally this was no doubt the safety record of the company was so good even though their work involved blasting, working at great heights, spanning raging rivers, operating heavy equipment and sometimes supervising hundreds of men at a time. And while Tom could tell us of some dozen or so fatalities on that Feather River job that was nothing as compared to the hundreds, maybe as many as a thousand Chinese workers who were killed on the Central Pacific construction job in those two years of building the transcontinental railroad. Fifth, both men had the good fortune to marry talented, devoted and stable wives who liked each other and got on well together. The fact that both these women were well poised and possessed of good lucks would also be counted an advantage, especially in the 1920' s as the newspaper society pages found a growing audience of readers with and insatiable curiosity for news of the upper crust. Additionally such a spouse was essential to someone like W. H. who had developed political aspirations and began a series of campaigns for election to public office. W. H. married the striking Anna Maria Dorothea Sophie Standard and she went by Marie Dee, in 1889. He was nearly thirty she was twenty- three, her senior year report card from the Sacred Heart Academy reveals that she was as talented and sophisticated as she was beautiful. And isn't she something? 12 When I first met Stephanie as a student in my 1700 class three or four years ago, I was able to learn before the semester was over that her maiden name was Standard because her brother was also in the class and his name was Standard. When I got to know Marie Dee, I asked Stephanie about the relationship and she said yes, she's my great- great- grandmother and I was able to assure Stephanie that there is enough good looks represented in that woman to serve the Standard family for a hundred generations. She received a perfect score, 100, in all categories of citizenship that Sacred Heart Academy report card. Her academic achievement was equally impressive with scores ranging from ninety to ninety- eight in the nine subjects graded. She and W. H. had four children, two of whom died in childhood with in six months of each other. But I was pleased to learn that we have a great granddaughter of his. Say again? Okay Granddaughter and a great- great, oh how about? That's wonderful. E. O. on the other hand married the petite Martha Ann Bybee from nearby Riverdale in June 1879. When he was twenty- four and she was just sixteen, sixteen and a half. Martha was described by a grandson as a little on the plump side in her later years, though Stephanie and I wonder about that. The photos we have seen of her in her later years do not suggest that at all, including this one. But the grandson described her as full of energy and quote, " Very interested in civic activities." She was active in a local charity, the Martha Society that assisted the needy. And incidentally I have concluded that the Martha Society did not bear relationship to her name, but if somebody knows differently about that I would appreciate hearing the details. She also served as president of the Utah 13 Federation of Women's Clubs and she participated in countless other civic activities and municipal clubs. Having recovered from a serious illness through the healing hand of Christen Science she became an ardent convert to that faith. She and E. O. raised eight children, although one, a son Earl preceded him in death, the victim of an automobile accident. So is this the family? Oh the Child Culture Society that she was active in. Say it out loud Stephanie, she is where? The third one from the left? From my left as I'm looking at it? This one? Over here? Okay alright. Oh, that beautiful house, oh wow. 1915 Stephanie says. In looking at the personalities and lives of these men as individuals we can not improve on Linda Sillito's insightful taxonomy of W. H. as Mr. Outside and E. O. as Mr. Inside. William was gregarious, smiling, athletics and always at ease in the glare of the public spotlight. Edmund was comfortable with people, but somewhat more reserved more paperwork and detail oriented and a bit more inclined to worry. W. H. first came to my attention when I began researching my master's thesis as I mentioned. And I peaked in on that state republican convention of 1920. There he was front runner for the gubernatorial nomination moving easily among the delegates shaking hands smiling and asking for support. By the second vote he had begun to slip and by the third he had lost by a decisive margin to the nominee Charles Mabey. Newspaper accounts of the day pointed to W. H.' s recent indictment under the Lever Act as the likely reason for his fade. The Lever Act was a war time 14 measure that sought to prevent price gouging in the marketing of food and fuel. And W. H. as an executive of the U& I Sugar Company had been targeted by federal prosecutors. The act its self was poorly drawn and ill advised and was in fact declared unconstitutional in 1921 at which time all indictments were dismissed, but the damage had been done. The fact that W. H. was a Weber County man would not have worked in his favor. The Utah Republican Party was firmly controlled by a nepotistic Salt Lake City clique during that era and they played political hardball. By decades end W. H.' s sterling reputation as a business man hammered down all such barriers and won him the gubernatorial nomination. By then he was a man of such status that LDS Church President Heber Grant could write him saying, " I tried to get you on the phone all night last night until ten p. m." and then apologizing to him that he had to leave town for a week quote, " Before we had arrived on a decision on what do to in the affairs of the Utah- Idaho Sugar Company." W. H. was so popular with the local press that the press even reported on his fishing and hunting trips. He was a person so esteemed by his peers around the nation that he was named director of the U. S. Chamber of Commerce and entrepreneur so successful that he stood as president of one of the half dozen largest construction companies in the nation, a businessman so esteemed that the president of the United States sought his feed back on speeches. The nomination simply could not be denied him. But facing a very popular incumbent George Dern in the general election of 1928 W. H. was to garner only forty- one percent of the vote. 15 After that W. H. turned back to business and did not again seek public office. After all he had been defeated twice at the polls first in the congressional race on 1918 and now in the gubernatorial race 1928 and he had been frustrated three times in the nominating convention seeking the gubernatorial nomination in 1920, as previously mentioned, and in 1924 in seeking the U. S. senatorial nomination in 1922. By 1929 he had started to develop health problems nevertheless his natural charm and good humor continued on and served him well until death in 1931. Oft quoted, I'm sure many of you have heard this before but I can't resist repeating it here, it's a capsule that comes from the hospital room upon hearing of Six Companies successful bid on the Hoover Dam project. He's quoted by Linda Sillito in one of the Stewart Library booklets, comes from Joseph Lee Stevenson and goes as follows, " At St. Frances Hospital the press core found William H. sitting up wrapped in a silk bathrobe puffing on a long black stogy. His bushy white hair had been carefully brushed in to place by his wife and he was eager to talk. News of the winning bid had lifted his spirits. He grinned broadly for the photographers then said " Now this dam is just a dam, but it's a damn big dam," and his eyes twinkling. " Otherwise it was no different that others we've thrown up in a dozen place," end of that quote. Unlike his younger brother E. O. on the other hand had no political aspirations. Out side of business his constituency was his family. The only babies he kissed were his own and when he shook hands it was often for the purpose of slipping a dollar to his grandchildren. They call it the silver dollar handshake. 16 Unlike W. H. who loved golf, played it often and was photographed in golfing attire along with such celebrities as Heber J. Grant and Reed Smoot and Tom isn't Charles Nibley in there? Does that look like Nibley? Ya second from the right, ya. But unlike W. H. in this kind of environment and W. H. is second from the left E. O. played golf mostly as a social necessity. Simply taking off a suit coat he turned his suspenders the other way around and played in his business attire. E. O.' s idea of leisure time fun was being at home with his family riding scooters with the children, romping with the family dog, picking fruit and vegetables from his orchard and garden and joining in the many socials hosted at his beautiful home on Eccles Street or in the immediate neighborhood. Due to the press of business however E. O. was denied the time at home that he coveted. Christmas time was the exception. He always made it a point to be home for the holidays. Incidentally I should tell you that the E. O. Wattis family put together a wonderful twenty minute DVD featuring a number of clips from home videos shot by E. O.' s family when he was still alive and in that beautiful home on Eccles Avenue and I have watched that DVD its available here, its just wonderfully revealing and you can just feel how important it was to him to be home when ever he could be, which wasn't often. In fact that point is made in that DVD by one of his granddaughters that there was a time, almost a year when he was gone the entire time. 17 E. O. was quite tall for that day, standing a full six feet. Unlike his younger brother W. H. he never took on that middle age spread but remained slender. His curly hair, rosy cheeks, spectacles and pipe all fit the image of a dignified business man. E. O. was a bulldog, albeit a gentle one. His hallmark was tenacity and his genius was energy. One of his grandsons noted quote " My grandfather's education consisted of two or three years of formal schooling," unquote. He said that E. O. could write, but made a lot of grammatical mistakes and that he quote, " came up through the process with a long construction history of being on the site and doing the work," end of this quote. In today's vernacular he would probably be described as a workaholic. In a letter to his sister Mary Jane written from Oroville California in 1909 he mentioned that he had lost weight was down to 155 pounds, remember that's on a six foot frame. He said. " I am getting very tired of railroad work and I don't know whether I will ever take another job or not. It is very monotonous for me to always be away from home and I think that I am needed at home about as bad as anybody. Besides that I am fifty- four years old and have always worked very hard and have never had but very little pleasure in life. I don't think I have hardly had my share. My young life was spent in poverty and hard work and I am not in the best of health. W. H. left here a few days go and should reach Ogden tonight. I want to make a trip home very bad but am so badly crowded with the part of business that it is my duty to look after that I can not get away now," end of his quote. E. O. Worries in this letter that he will become even less happy as he 18 grows older, that he did or didn't, cannot be discerned from the historical record, but his health problems continued. In a letter written as early as 1914 he commented on his rheumatism. In 1927 he described his bladder infection and pending surgery which promised a ninety- five percent success probability. Two years later in 1929 he mentioned his cough, eczema, insomnia and urinary infection, puss in the urine. So he obviously did not enjoy that ninety- five percent probability success rate, but he was rather in the five percent. And in 1932 he complained of swollen feet, swollen feet and inner ear problems. What the historical record also reveals is that E. O. never did relax his work schedule to any significant degree. At the time of his death in 1934 he was president of six companies and Hoover Dam was in the final phase of construction and as always he was busy with on site visits production schedules, costs, press relations and dozens of other executive level tasks. The heart attack that took his like was sudden and massive. In approaching the conclusion of this paper I return to the thesis and advance the sixth factor of success, you thought I'd forgotten it. It's not a factor that can be offered for general applicability in a business management class for its unique to the Wattis brothers. Simply stated they had each other. E. O. and W. H. were a perfect match as business partners. Their individual personalities, aptitudes, likes and dislikes complemented the others to a consummate degree. Equally important they like and trusted each, a family trait. " There are very few families that have as strong as long a love for each other as ours have and none have any stronger," wrote E. O. in a 1909 letter noting that quote, " there have 19 never been any quarrels between any of us nor any hard feelings," unquote. Those are truly remarkable statements aren't they? As close as these two brothers were however they usually did not work in pairs. They were not joined at the hip to use that contemporary phrase. Indeed their trust was so implicit that they were frequently apart and engaged in different types of tasks. A revealing snap shot in time comes from the summer of 1922. I had hoped in pouring through those hundreds and hundreds of pages of documents I could I find them writing letters on the same day. And I could then share with you what different kinds of tasks and different approaches they were taking. I never was able quite to do that, but I see them close together here in the summer of 1922. W. H. who was then preparing his run for the U. S. Senate was participating in number of activities at Lagoon. They included umpiring a softball game between a Salt Lake and Ogden young men's republican clubs and attending several wrestling and boxing matches. In the distinctive newspaper style of the day that were topped off by a battle royal between five members of the Ethiopian race all in the ring at the same time. Contrast this with E. O. who's hectic travel schedule had made him almost invisible even to his wife, " I was surprise your father was in Kansas City," she wrote to a daughter June 15th after spending that anniversary alone. This is not to imply that E. O. worked while W. H. played. W. H. was just a little more extroverted, more readily given to conduction business on the golf course or in other recreational settings. And who can doubt that how important that is in the modern corporate world. E. O. took a quieter but more direct approach to 20 business. Again we see Mr. Outside and Mr. Inside in perfect compliment. The brothers used that friendship and bond to span distances over four thousand miles of track alone, plus many more of road, tunnels, canals, etc. and to span eras from the pre- railroad era, from the pre- railroad frontier to the industrial era when they died. Again going back to the comment President Millner made the monuments to industry they created would span many more eras and serve the purposes of society long into the indefinite future and you can take that from a historian who's maternity bill was paid by a father whose pay check was back in part by Wattis money long ago and far away in Puyallup Washington. Thank you. © 2007 WSU Stewart Library, All rights reserved.

The aim of this PhD project is to develop an understanding of how strategic spatial planning is expressed and delivered as a specific mode of governance, in response to the particular challenges facing Europe's second-tier cities. It is concerned with how planning, as a particular form of public policy and a form of governance-in-action, materialises at certain spatial scales and how it is influencing patterns of territorial development. In addition, the research interrogates the ways in which planning practice applies its basic principles through planning policy, decision making, and by exploring the normative basis of the profession's activities. The connecting theme relates to an interest in how planning is governed, how it is expressed as a specific mode of governance in urban settings and how decision-making around planning projects navigates through a variety of social, political and economic filters. These phenomena are explored in this thesis using a series of thematic empirical pieces, which relate broadly to the field of strategic spatial planning at city-region/metropolitan level. The PhD is presented as a series of discrete articles, submitted under University regulations as a publication-based thesis. These essays are concerned primarily with developing insights into the nature of contemporary strategic spatial planning and place-making as a mode of governance. The empirical work, which uses episodes of strategic spatial planning in Ireland and Cork as a master case study framework, addresses four core themes. Firstly, it confronts the issue of central-local dynamics as part of strategic spatial planning at the national scale, using the experiences of Ireland's second-tier cities as part of the national spatial planning agenda. Secondly, it is concerned with understanding how strategic spatial planning frames policy and practice for metropolitan areas and the way in which it operates as a framework for articulating urban governance strategies. The third theme explores the transformative capacity of strategic spatial planning as an instrument for the promotion of sustainable development practices. The fourth theme addresses methodological concerns around the particular challenges associated with scholarly inquiry within the realm of strategic spatial planning. The thesis outlines four sets of main findings relating to the core themes, which in different ways characterise the nature of change in strategic spatial planning in Ireland. First, there has been an important shift towards place-based approaches under Ireland's national planning regime, whereby the city/metropolitan region emerges as a spatial unit with the potential to integrate a variety of spatial and sectoral policy strands. This however has not created new territorial governance patterns or a rescaling of power within the state and around city-regions. Although the case of Cork presents a case whereby strategic spatial planning has emerged as a clearly recognisable form of territorial management with distinctive governance dimensions, this proves to be an exceptional case. The move towards placed-based spatial strategies in Ireland has been limited to new frames of reference rather than new forms of governance, and place-based spatial strategies largely emerged within the soft spaces of governance. The research has established an absence of clarity about governance needs at the city-region and metropolitan scales, particularly at the second-tier city level. Second, the analysis of these episodes of spatial planning illustrates the dynamic nature of governance as part of a rapidly evolving economic and social global order, which is characterised by flexibility, speed and innovation. Conversely, these episodes also illustrate the stability of established institutional and administrative structures and norms, and a degree of resistance to those emerging governance changes - particularly those expressed at the regional and metropolitan scales. In the absence of strong sub-regional or metropolitan governance structures, the rollout of spatial strategies at this scale in Ireland's second-tier cities was generally fragmentary and the kind of unified territorial, placed-based approach advocated in the National Spatial Strategy (NSS) never materialised. However, Cork exists as a particular exception in this regard; its experiences reflect a restructuring and rescaling of planning at metropolitan and sub-regional levels, where a mix of top-down and bottom-up forces are combining to produce a semi-formalised, nonstatutory planning regime. Third, the analysis of the post- NSS landscape in Ireland demonstrates clearly the limitations of strategic spatial planning as a transformative framework, with evidence of a divergence of economic and settlement patterns - with long-term sustainability implications. Recent experiences in Ireland's key gateway cities would suggest that although the 'soft spaces of governance' are a necessary feature of the urban decision-making landscape, they are not conducive to making hard decisions. However, the kinds of strategic planning initiatives deployed in Cork certainly resonate with the concept of transformative practice as outlined in the planning literature. The rail strategy, for example, can be interpreted as an attempt to transform completely the economic and environmental trajectory of development in the city-region, using a series of arguments around environmental and social quality based on what can be considered a grand place-making concept. However, such projects are unlikely to acquire socio-spatial transformative characteristics unless established modes of governance are moderated and if public policy considers more actively the political-institutional landscape in which these efforts are situated. Fourth, in the examination of national and sub-regional episodes of strategic spatial planning in Ireland, which evolved over the course of the four essays, it was necessary to adapt and extend the methodological framework. This involved extending the empirical investigations beyond the confines of an instrumentalist perspective, and engaging in a more comprehensive analysis of governance narratives. The research also relied on a mixed conformance-performance analytical mode of inquiry, based on the 'Dutch model' of planning assessment. Because of the complex and stratified research terrain, the analysis combined an instrumentalist conformance-based analysis with an assessment of its performance as mode of strategic spatial planning in practice. The evolution of analysis during the research process would suggest that a full understanding of the operation and impact of strategic spatial planning projects cannot be conducted without combining an assessment of both conformance and performance. In conclusion, the case of strategic spatial planning in Ireland and in Cork demonstrates the ways in which strategic spatial planning has penetrated policy and practice discourses, and has served to deliver a comprehensive transformation in planning as a discipline and within the broader arena of public policy. Overall, we can see a remarkable consistency in how planning episodes articulate their basic premise, which relates to an enduring focus on the arrangement of development in territories and with the idea of spatial order. Although there has been a general reluctance to institutionalise planning units like city-regions or metropolitan areas as formal government entities, they are being deployed increasingly as containers for strategic spatial planning. The research has also indicated that long term, coherent strategic spatial planning across administrative boundaries, based on consistent ideas about governing/planning spaces, can produce what may be understood as a metropolitan consciousness. This may be understood as a tacit project around an informal spatial construct, which, over time, gains legitimacy as a strong governance space (in which decisions are brokered) and as a metaphor (for articulating a collective vision for the urban area's long-term future). Strategic spatial planning also involves dealing with complexity, and as a result, deploys methods that encourage what may be termed spatial-thematic selectivity. This can be translated as the prioritisation of a limited number of high profile interventions that are spatially and sectorally integrative – manifesting in large-scale, geographically expansive and symbolic projects that are designed to reorient territorial trajectories and produce symbolic-political support across broad coalitions. The research would also suggest that in Ireland's post-economic crisis period, and in a broader neoliberal political setting in which the state appears to have shirked its responsibility for managing and sponsoring urban affairs, we see the emergence of strategic spatial planning as a proxy for urban governance. As formal urban governing competencies are reduced as part of a clear centralisation agenda, and with city-regions assuming greater economic responsibilities, strategic spatial planning becomes an arena in which urban governance capacity is exercised. Consequently, strategic and fundamental decisions about urban development, infrastructure programmes and public investment are increasingly considered within the realm of strategic spatial planning – which performs as a substitute for traditional urban government, and in turn, as a proxy for urban governance.

The role played by the media in conflicts has always been a challenge worldwide. It has always drawn the attention of international organizations, NGOs, experts in peace, conflicts, and promoters of peace media reporting, peace journalism, etc. The impact of media has increased considerably, and researchers have largely confined themselves to exposing the degree and extent of media involvement and influence in conflicts and conflicts resolution. Numerous criticisms have been addressed all over the world on the role played by media in conflicts. The literature on conflicts resolution discloses a dreadful focus on the role of media in the peace process. Most of the existing theories portrays the role of the media as being essential in reporting and generating discourses on conflict. Scholars of the post-election incident quickly conclude that the crisis was greatly rooted in political and ethnic crises. The role of the media in the conflict, as well as its capacity to maintain order, is not satisfactorily tackled. Ivorian media like in Rwanda have been scrutinized at the level of international law as a perpetrator of political violence. However, if media can be a fearful weapon of brutality when it propagates messages of intolerance or misinformation that manipulates behavior, it can also be an instrument of conflicts resolution, when the information it publishes is faithful, unfailing, respects human rights, and represents varying opinions. The main purpose of the study was to analyze the role of media in conflict resolution in Ivory Coast. It has evaluated the role of media in the political subversions of 2002 and 2011 and by these case studies it briefly examined the role of current media practices in West African societies after the turn of the Millennium. The two Ivorian subversions formed an ideal comparative case to identifying recent changes in the role of media for conflict resolution. The study has established the responsibility of the media through the various type of its coverage within the subversions Ivory Coast crises of 2002 and 2011. And it has mostly focused on the specific positive effects of Ivorian media approach in conflicts resolution and has explored both the influence of traditional and social media. This study applies the social responsibility theory of media reporting to explain and develop the conceptual framework. The 2002 and 2011 crises serve as a typical case study of the process from crises to conflict resolution. Therefore, they provide additional elements in order to understand the biggest challenges of media freedom inside of shattered democracies, in which politics, poverty, and ethnic differences can sway the media agenda. Following a participatory research approach, the interviews, observations, and literature review provided a comprehensive range of opinions to interpret such data and the overall social discussion. And according to the findings of the study, there is a broad feeling from interviewees that Ivorian media has failed to condemn violence, xenophobic rhetoric during the 2011 post-election conflict and 2002 civil war. They published a lot of unverified sources of information. Still, the findings did not reveal only negative connotations from media. Positive impacts were also highlighted, stated during the period of conflicts. The findings of the study showed that there were positive aspects from Ivorian media such as fair coverage of political campaigns, preaching tolerance, giving voice to the voiceless, etc. They were blameless and remained neutral. The quality of their articles reflected the reality on the field. The effects of media on these specific political subversions were viewed both in terms of negative repercussions and positive impacts that a reliable, on contributing to conflict resolution by counteracting misperceptions and broadening understanding of grievances and causes of conflict. ; Die Rolle der Medien in Konflikten war schon immer eine Herausforderung für die ganze Welt und hat die Aufmerksamkeit internationaler Organisationen, NROs, Friedens- und Konfliktexperten sowie der Befürworter von Friedensberichterstattung, Friedensjournalismus usw. auf sich gezogen. Der Einfluss der Medien hat beträchtlich zugenommen, und die Forscher haben sich weitgehend darauf beschränkt, den Grad und das Ausmaß der Beteiligung und des Einflusses der Medien an Konflikten und Konfliktlösungen aufzuzeigen. Die Rolle der Medien in Konflikten wurde weltweit vielfach kritisiert. In der Literatur zur Konfliktlösung wird die Rolle der Medien im Friedensprozess erschreckend wenig beachtet. Die meisten der vorhandenen Theorien stellen die Rolle der Medien als wesentlich für die Berichterstattung und die Erzeugung von Diskursen über Konflikte dar. Wissenschaftler, die sich mit den Ereignissen nach den Wahlen befassen, kommen schnell zu dem Schluss, dass die Krise in hohem Maße auf politische und ethnische Krisen zurückzuführen ist. Die Rolle der Medien in dem Konflikt und ihre Fähigkeit, die Ordnung aufrechtzuerhalten, werden nicht zufriedenstellend untersucht. Wie in Ruanda wurden die ivorischen Medien auf der Ebene des internationalen Rechts als Verursacher politischer Gewalt untersucht. Die Medien können eine mächtige Waffe sein, wenn es darum geht, Nachrichten über Intoleranz oder Desinformation zu verbreiten, aber sie können auch ein Instrument zur Konfliktlösung sein, wenn die von ihnen veröffentlichten Informationen zuverlässig sind und unterschiedliche Meinungen wiedergeben. Das Hauptziel der Studie war es, die Rolle der Medien bei der Konfliktlösung in der Elfenbeinküste zu analysieren. Bewertet wurde die Rolle der Medien bei den politischen Umstürzen von 2002. Die beiden ivorischen Umstürze bildeten einen idealen Vergleichsfall, um die jüngsten Veränderungen zu ermitteln. In der Studie wurde die Verantwortung der Medien anhand der verschiedenen Arten ihrer Berichterstattung über die Umstürze in der Elfenbeinküste in den Jahren 2002 und 2011 untersucht. Sie konzentrierte sich vor allem auf die spezifischen positiven Auswirkungen des ivorischen Medienansatzes bei der Konfliktlösung und untersuchte sowohl den Einfluss der traditionellen als auch der sozialen Medien. Diese Studie wendet die Theorie der sozialen Verantwortung der Medienberichterstattung an, um den konzeptionellen Rahmen zu erklären und zu entwickeln. Die Krisen von 2002 und 2011 dienen als typische Fallstudien für den Prozess von der Krise zur Konfliktlösung. Daher liefern sie zusätzliche Elemente, um die größten Herausforderungen der Medienfreiheit in zerrütteten Demokratien zu verstehen, in denen Politik, Armut und ethnische Unterschiede die Medienagenda beeinflussen können. Im Rahmen eines partizipativen Forschungsansatzes lieferten die Interviews, Beobachtungen und die Literaturauswertung ein umfassendes Meinungsspektrum zur Interpretation dieser Daten und der gesamtgesellschaftlichen Diskussion. Den Ergebnissen der Studie zufolge sind die Befragten weitgehend der Meinung, dass die ivorischen Medien es versäumt haben, Gewalt und fremdenfeindliche Rhetorik während des Konflikts nach den Wahlen 2011 und des Bürgerkriegs 2002 zu verurteilen. Sie veröffentlichten viele ungeprüfte Informationsquellen. Die Ergebnisse zeigten jedoch nicht nur die negativen Auswirkungen der Medien auf. Es wurden auch positive Auswirkungen hervorgehoben, die während der Zeit der Konflikte festgestellt wurden. Zum Beispiel eine faire Berichterstattung über politische Kampagnen, das Predigen von Toleranz, das Verleihen einer Stimme an die Stimmlosen usw. Sie waren tadellos und blieben neutral. Die Qualität ihrer Artikel spiegelte die Realität vor Ort wider. Die Auswirkungen der Medien auf diese spezifischen politischen Umstürze wurden sowohl im Hinblick auf die negativen Folgen als auch auf die positiven Auswirkungen gesehen, die zuverlässig zur Konfliktlösung beitragen, indem sie falschen Vorstellungen entgegenwirken und das Verständnis für Missstände und Konfliktursachen erweitern.

The article presents the sociological aspects of the scientific heritage of V. K. Lipinsky. Emphasis is placed on the great theoretical and practical contribution of V. K. Lipinsky to the processes of creating an independent Ukrainian state. The priority attention of the scientist to the use of sociological, political, and historical methods of scientific knowledge is noted. Certain research questions that were in the center of his attention are underlined, namely: the effective construction of state institutions; consolidation and solidarity of the Ukrainian society; patriotism education; development of traditions of the Ukrainian Cossacks; compromise interaction; the social significance of common historical experience; respect for human dignity; guaranteeing the rights and freedoms of the average citizen, as well as effective local self-government, social harmony and understanding, the development of civil and military institutions. It was noted that, in the opinion of V. K. Lipinsky, the integrating function, primarily the consolidation and solidarity of various social groups of the population into the Ukrainian political nation, is able to realize with the help of the legal hetman state; national elite; Ukrainian culture; Ukrainian state language, as well as the development of a class of grain growers, that is, free, enterprising people who effectively work on their own land. The active sociopolitical activity of V.K. Lipinsky, in particular, as one of the organizers of the Ukrainian Democratic Party of grain-growers, was recorded. The functioning of the party focused on the solution of the social contradictions of the whole society, and above all the peasants. It is emphasized that the scientist wasconstantly looking for ways to solve the problems of the impoverishment of the Ukrainian village, the lack of effective rural education, the lack of full attention to the professional activities of the rural teacher. At the same time, the main directions of modernization of Ukrainian society are presented, taking into account the modernization experience of successful countries of Western Europe and North America. It is noted that the practical paradigm consisting of at least three phenomena has become the basis for effective transformations: 1) the relevance (dichotomy) of the economic and social; 2) internal locus of psychological control of the average citizen; 3) the presence of European emancipative values in the public space. ; В статье представлены некоторые социологические аспекты научного наследия В. К. Липинского. Сделан акцент на большом теоретическом и практическом вкладе В. К. Липинского в процессы создания независимого Украинского государства. Отмечено первоочередное внимание ученого к применению социологических, политологических и исторических методов научного познания. Выделены отдельные исследовательские вопросы, которые находились в центре его внимания, а именно: эффективное строительство государственных институций, консолидация и солидаризация украинского общества, воспитание патриотизма, развитие традиций украинского казачества, компромиссное взаимодействие, социальное значение общего исторического опыта, уважение к человеческому достоинству, гарантирование прав и свобод среднестатистическому гражданину, а также эффективное местное самоуправление, социальное согласие и взаимопонимание, развитие гражданских и военных институтов. Отмечено, что интегрирующую функцию, прежде всего объединения и солидаризации разных социальных групп общества в единую украинскую политическую нацию, по мнению В. К. Липинского, способно выполнять правовое гетьманское государство, национальная элита, украинская культура, украинский государственный язык. Позитивно влиять на данный процесс может развитие хлеборобного класса, то есть свободных, предприимчивых людей, которые эффективно работают на собственной земле. Кроме того, зафиксирована активная общественно-политическая деятельность В. К. Липинского, в частности, как одного из организаторов Украинской демократической хлеборобной партии. Функционирование партии сосредотачивалось на решении определенных социальных противоречий всего общества и прежде всего селянства. Подчеркивается, что ученый постоянно искал пути решения проблем обнищания украинского села, дефицита эффективного сельского образования, отсутствия полноценного внимания к профессиональной деятельности сельского учителя. Вместе с тем представлены основные направления модернизации украинского общества с учетом опыта успешных стран Западной Европы и Северной Америки.Отмечено, что основаниемэффективныхтрансформаций в этих государствах стала реализованная на практике парадигма, состоящая как минимум из трех феноменов: 1) релевантность (дихотомия) экономического и социального; 2) интернальный локус психологического контроля среднестатистического гражданина; 3) наличие европейских эмансипативных ценностей в публичном пространстве. ; У статті висвітлено деякі соціологічні аспекти наукової спадщини В. К. Липинського. Закцентовано на великому теоретичному та практичному внеску В. К. Липинського у процеси створення незалежної Української держави. Відзначено застосування вченим у дослідницькій діяльності здебільшого соціологічних, політологічних й історичних методів наукового пізнання. Виокремлено певні питання, що перебували у фокусі наукової творчості дослідника, а саме: ефективне державотворення, консолідація та солідаризація українського суспільства, виховання патріотизму, розвиток традицій українського козацтва, компромісна взаємодія, значущість загального історичного досвіду, повага до людської гідності, гарантування прав і свобод пересічній людині, а також ефективне місцеве самоврядування, соціальна злагода та взаєморозуміння, розвиток громадських і військових інститутів. Відзначено, що інтеграційну функцію, передусім об'єднання й солідаризації різних соціальних груп суспільства в єдину українську політичну націю, на думку В. К. Липинського, здатна виконувати правова гетьманська держава, національна еліта, українська культура, українська державна мова. Сприяти процесу може розвиток хліборобського класу, тобто вільних, заповзятливих людей, які ефективно працюють на власній землі. Зауважено активну громадсько-політичну діяльність В. К. Липинського, зокрема як одного з організаторів Української демократичної хліборобської партії, функціонування якої було зосереджено на вирішенні певних суперечностей всього суспільства, насамперед сільської його частини. Наголошено на постійному пошуку вченим шляхів вирішення проблем зубожіння українського селянства, дефіциту ефективної сільської освіти, відсутності уваги до праці сільського вчителя. Водночас окреслено напрями модернізації українського суспільства з огляду на досвід успішних країн Західної Європи та Північної Америки. Запорукою ефективних трансформацій у цих державах була реалізація у повсякденному житті парадигми, яка включає щонайменше три феномени: 1) релевантність (дихотомія) економічного та соціального; 2) інтернальний локус психологічного контролю пересічної особистості; 3) наявність європейських емансипативних цінностей у публічному просторі суспільства.

63 páginas. ; Un modelo de sistema penal acusatorio, tiene como uno de sus objetivos fundamentales hacer respetar las garantías propias de un proceso, así mismo se caracteriza por la separación de funciones (investigar y juzgar) con un Juez imparcial y siempre en busca de celeridad y eficacia, que genere descongestión judicial. El principio de oportunidad se constituye en la herramienta esencial y primordial para permitir la adecuada implementación de un sistema penal acusatorio, pues entrega amplias facultades de negociación al Fiscal que permite que se encaminen esfuerzos para aquellos delitos de alta connotación y buscando los principales responsables de las organizaciones criminales. Con el Acto legislativo No. 03 de 2002, se accedió a la utilización del principio de oportunidad en la justicia penal ordinaria Colombiana, siendo este un mecanismo que genera mayor efectividad, permitiendo a la Fiscalía General de la Nación poder interrumpir, suspender o renunciar a la persecución de la acción penal, aunado a brindar mayores garantías para los procesados. Con la citada reforma constitucional en Colombia se dio paso en la justicia ordinaria a la implementación de un sistema penal acusatorio a través de Ley 906 de 2004, teniendo como finalidad principal una justicia pronta, con resultados y que descongestionara el alto número de litigios, así mismo lograr la desmantelación de organizaciones criminales. En la justicia penal militar Colombiana se implementó un sistema penal acusatorio con la expedición de la Ley 1407 de 2010, sin embargo el principio de oportunidad se excluyó por parte de los legisladores, pese a su propuesta por parte de la comisión redactora; posteriormente ante los estudios académicos que mostraban la necesidad e importancia de la figura procesal se intentó introducir mediante el proyecto de Ley 85 de 2013, surtiendo el respectivo trámite ante el Congreso de la República, que dio pasó a la expedición de la Ley 1765 de 2015. Ante la inconformidad de varios sectores internacionales, académicos, sociales y políticos, que consideraban que no era pertinente la aplicación de esta herramienta jurídica en el sistema castrense, con fundamento en los fallos de la Corte Interamericana de Derechos Humanos donde su efectividad se ponía en tela de juicio; se expusieron argumentos de contradicción que llevaron a la formulación de una demanda de constitucionalidad. El 22 de junio de 2016 mediante sentencia de constitucionalidad C-326 de 2016, la Corte Constitucional declaró inexequible los artículos 111 y subsiguientes que incorporaban el principio de oportunidad, quedando nuevamente la jurisdicción penal militar con la imposibilidad de aplicar este mecanismo jurídico. En virtud de lo planteado uno de los problemas puntuales de esta investigación es analizar el pronunciamiento de la Corte Constitucional frente a la Ley 1765 de 2015, e identificar los argumentos que llevaron a su decisión, así mismo ante la no aplicación del principio de oportunidad se debe identificar que otras herramientas jurídicas permiten una implementación de un sistema acusatorio en la justicia penal militar. ; A model of an accusatory criminal system has as one of its fundamental objectives to respect the guarantees of a process; it is characterized by the separation of functions (investigating and judging) with an impartial Judge and always in search of speed and efficiency that generates judicial decongestion. The principle of opportunity constitutes the essential and essential tool to allow the proper implementation of an accusatory criminal system, as it provides broad negotiating powers to the Prosecutor, which allows efforts to be directed towards those crimes of high connotation and seeking the main perpetrators of the crime. criminal organizations. With Legislative Act No. 03 of 2002, it was agreed to use the principle of opportunity in ordinary Colombian criminal justice, which is a mechanism that generates greater speed and efficiency, allowing the Attorney General of the Nation to be able to interrupt, suspend or waive the prosecution of the criminal action, together with providing greater guarantees for the accused. With the aforementioned constitutional reform in Colombia, ordinary justice was given to the implementation of an accusatory criminal system through Law 906 of 2004, having as its main purpose a prompt justice, with results and that decongested the high number of litigations, as well dismantling of criminal organizations. In the Colombian military criminal justice system, an accusatory criminal system was implemented with the enactment of Law 1407 of 2010; however, the principle of opportunity was excluded by the legislators, despite its proposal by the drafting commission; later to the academic studies that showed the necessity and importance of the procedural figure was tried to introduce by the Bill of Law 85 of 2013, obtaining the respective procedure before the Congress of the Republic, that gave happened to the expedition of Law 1765 of 2015 . In view of the nonconformity of several international, academic, social and political sectors, which considered that the application of this legal tool in the military system was not pertinent, based on the decisions of the Inter-American Court of Human Rights, where its effectiveness was In this case, contradictory arguments were presented which led to the formulation of a demand for constitutionality. On June 22, 2016, by Constitutional Court C-326 of 2016, the Constitutional Court declared Articles 111 and subsequent articles incorporating the principle of timeliness to be unenforceable, once again the military criminal jurisdiction with the impossibility of applying this legal mechanism. According to one of the specific problems of this investigation is to analyze the ruling of the Constitutional Court against Law 1765 of 2015, and identify the arguments that led to its decision, as well as the non-application of the principle of opportunity, it must be identified that other legal tools allow an implementation of an accusatory system in the military criminal justice system.

As the world is preparing to scale up its efforts to combat global climate change, groups are increasingly recognizing the vital role forests play in maintaining ecological, social, economic and cultural well-being. They are beginning to affirm more that forest tenure plays a fundamental role in determining the fate of the world's forests. In many countries, questions are raised on whether tropical forests should be publicly, commonly or privately owned. For many countries the forest management policies will likely involve a combination of: i) protected areas of sufficient size to provide habitat protection, and in a contiguous pattern; ii) forest concessions with enforceable performance-based management criteria; iii) community forests and community forest concessions managed by communities and indigenous groups. The challenge is to undertake the land use planning commitment and implementation to achieve this in the face of pressure from internal and external interests. Forest concessions of various types are the dominant form of forest tenure in almost all the forest countries of West and Central Africa. They are also the dominant types of forest tenure in Asia (Malaysia, Indonesia, Papua New Guinea, and Cambodia). In South America, Peru and Bolivia introduced forest concession as a possible tenure model in the early 90's with the strong support of international NGOs. In Brazil, after two failed attempts, the government has passed its new forest management law in 2006. Bolivia and Brazil have much in common regarding forest tenure conflicts and challenges to enforce new rules in the forestry sector. Forest concession implementation in these countries has generated many expectations and investments in law changes.This research work focuses on the main barriers faced by Bolivian and Brazilian forest authorities in implementing forest concession on the scale initially planned. The studies required a mapping of the property rights regimes over forest and forest resources as well as a theoretical approach of economic sociology. This approach, which provides elements to evaluate the process of social market construction, is dependent upon four essential factors: property rights, governance structures, rules of exchange and conceptions of control. The political-cultural approach emphasizes the historic perspective of the markets to understand the role of dominant groups and challengers in action arenas. It also considers the participation of social actors like governments, firms and consumers, among others, and their incentives for cooperative actions based on the cognitive ties that bind them. This empiric study focused on each country's geographically-delimited regions of Amazon: in the Bolivian lowlands region and in the Brazilian Cuiabá-Santarém Highway (namely BR-163). That's because they are the main targets for forest concession implementation. We show in this study that under a tenure uncertainty scenario, in which there are battles for territorial pieces and political alliances are forged that prefer other land use (and forests uses also) patterns the forest concessions implementation on a large scale will be jeopardized in these territories. ; Les forêts (tempérées et tropicales) couvrent près de quatre milliards d'hectares de la planète (FAO, 2005, 2009). On estime que la plupart de ces forêts (75%) sont dans le domaine publique et sont administrées par les gouvernements nationaux, locaux ou régionaux (RRI et OIBT, 2009). Dans plusieurs pays, développés et en voie de développement, la concession forestière est un moyen d'accorder et de règler les droits de propriété sur ces forêts publiques (Gray, 2000, 2002, White et Martin, 2002). La concession est un acte juridique pris par une autorité publique qui attribue à une personne privée, un droit d'utilisation ou un privilège (FAO, 1999, p.8). Dans la législation brésilienne, ainsi que dans le droit français, cette définition comprend également l'idée que l'acte de concession porte sur la délégation des droits et des devoirs du gouvernement à un agent privé. Cette relation est médiatisée par un contrat et implique la nécessité d'un paiement pour le concessionnaire (Karsenty, 2007, Brésil, 2006). Au niveau international, les plus anciennes expériences de concessions forestières sont dans les pays de l'Afrique (de l'ouest et centrale). Dans ces régions, les études montrent l'adoption du modèle depuis la fin du XIXe siècle (Coquery-Vidrovitch, 2001). On estime qu'il y a environ 55 millions d'hectares de forêts publiques affectés dans six pays de la région d'Afrique centrale (Cameroun, Gabon, Congo, République Démocratique du Congo, la République Centrafricaine et Guinée Equatoriale) (Karsenty, 2007). En Asie, les concessions forestières couvrent 69 millions d'hectares. Sur ce total, 38 millions d'hectares sont situés en Indonésie (Gray, 2002, RRI, 2008, l'OIBT, 2005). Dans ce pays, les concessions sont devenues la principale méthode de répartition des droits sur les forêts pendant le régime de Suharto (Singer, 2009). Dans les forêts tropicales d'Amérique, les études rapportent l'existence de concessions sur une surface de 34 millions d'hectares de forêts (OIBT, 2005). Ces zones sont au Suriname, au Guyana, au Venezuela et au Guatemala (avec une prédominance des concessions aux communautés et seulement deux concessions industrielles), la Colombie, la Bolivie et le Pérou. Récemment, le Brésil, a adopté ce modèle pour gérer une partie de ses forêts publiques. L'évaluation globale de la mise en oeuvre du système est d'environ 158 millions d'hectares dans le cas des forêts tropicales. Par rapport aux forêts tempérées, les zones avec les plus grandes surfaces sur concession sont au Canada. Bien qu'étant l'un des principaux moyens d'attribuer les droits de propriété sur les forêts, un vif débat politique et académique persiste sur les avantages et les inconvénients de cette option (Hardner et Rice, 2000, Gray, 2002, Boscolo et Vincent, 2000, Karsenty et al., 2008). En dépit de l'investissement et de soutiens internes et externes, la Bolivie et le Brésil ont rencontré des difficultés à poursuivre la mise en oeuvre des concessions. La Bolivie a mené ses réformes juridiques et mis en oeuvre quelques concessions à la fin des années 90. Le Brésil, après deux tentatives avortées (dans les années 70 et au début de 2000) a reussi à faire des réformes et adopter une nouvelle loi sur la gestion forestière, y compris l'établissement de concessions, en 2006 (gouvernement de Luis Inacio Lula da Silva). Le plan initial du gouvernement bolivien était d'en affecter 22 millions ha principalement pour la production de bois. Cependant, sur cette même zone, les peuples indigènes ont déjà revendiqué une surface d'environ 20 millions ha pour la démarcation de leurs Terres Communautaires D'Origine (TCO). Selon les données officielles, en 2007 les concessions forestières attribuées aux industries de la Bolivie totalisaient un peu plus de 5 millions ha (attribués en une seule fois, en 1997, sans appel d'offre concurrentiel). Les concessions communautaires totalisaient un peu plus de 600.000 ha. En outre, les permis de déboiser dans les forêts privées se sont accrus et la délimitation des Terres Communautaires D'Origine a progressé. Au Brésil, les objectifs initiaux de l'attribution des concessions étaient ambitieux. Depuis 2002, le Programme Forestier National (PNF) a voulu étendre la surface sur l'amenagement forestier en Amazonie brésilienne comme stratégie pour combattre l'accroissement du déboisement. Au début des années 2000, l'objectif était d'atteindre une superficie de 15 millions ha sous gestion durable des forêts en Amazonie jusqu'à 2010. Une partie de cette zone était située dans les forêts nationales déjà classées. D'autres parties étaient dans les terres publiques couvertes par des forêts, mais souvent déjà occupées (terras devolutas da União e dos Estados). À la fin de 2009, le total des concessions forestières au Brésil s'élève à 96.000 ha de forêt attribués à trois entreprises dans une Forêt Nationale dans l'Etat de Rondonia. Au début de 2010 un deuxième et un troisième appel d'offre ont été lancés. Ces appel d'offre comprenait une surface d'environ 480.000 ha dans deux Forêts Nationales dans l'État du Pará. Face à cette situation de difficile application de la politique de concessions forestières dans les deux pays, ce travail demande: pourquoi la politique de concessions forestières en Bolivie et au Brésil, malgré les attentes et des investissements significatifs, est-elle si peu avancée par rapport aux objectifs de la mise en oeuvre prévue dans les deux pays? Le travail a impliqué la mobilisation de deux approches théoriques et méthodologiques. La première d'entre elles était l'application de la matrice d'analyse des modes d'appropriation et gestion du foncier et des ressources forestières. Cet outil , résulte de la réunion de deux cadres analytiques principalement de la contribution de Schlager et Ostrom (1992), et du travail d'un anthropologue du droit, Etienne Le Roy (1996). L'utilisation de la matrice a permis de réaliser une cartographie des modes d'appropriation et de gestion des forêts et un aperçu de la gamme des acteurs qui possèdent ou revendiquent des droits d'occupation et d'utilisation dans les deux études de cas. En complément, l'approche politique-culturelle, développée par le sociologue américain Neil Fligstein (1990, 1996, 2001) a fourni un cadre permettant de discerner l'organisation sociale de production de bois dans les deux cas étudiés et de trouver les acteurs et les dynamiques des groupes en compétition pour le territoire de l'Amazonie. Ce cadre théorique a permis également d'envisager comment ces acteurs mettent en forme les droits de propriété, les structures de gouvernance, les règles d'échange et les conceptions de contrôle qui régissent les relations sociales dans ces territoires. La conclusion principale de ce travail est que les gouvernements n'ont pas assez pris en compte la diversité des acteurs qui occupent, historiquement, le territoire forestier de la Bolivie et du Brésil. La modestie des réalisations en matière de développement des concessions est due aux meilleures compétences sociales et à la plus grande force politique des acteurs qui se positionnent contre le nouveau régime de concessions. Ainsi, ces acteurs cherchent à défendre leurs intérêts et à assurer leur position tandis que les acteurs favorables (les "challengers") ne sont pas assez fort politiquement pour changer le statu quo en ce qui concerne la manière d'occupation, d'utilisation et de gestion des terres forestières.

El presente estudio se encuadra en la filosofía de educación medio ambiental y desarrollo sostenible, que ofrece una enseñanza para conocer, respetar y disfrutar nuestro entorno natural y para ello, se va a diseñar, aplicar y evaluar un materia! educativo para el incremento y mejora de la conciencia y actitudes medio ambientales en alumnos de 1º y 2º de Bachillerato en la modalidad Científico-Técnico. Este material se ofrece en soporte tecnológico puesto que, cada vez es más frecuente la incorporación de las Tecnologías de la Información y la Comunicación en el aula, y en este caso, lo consideramos elemento facilitador del aprendizaje por su atractivo didáctico y aceptación masiva por parte del alumnado. Los tres momentos principales de este experimento son: En primer lugar, se diseña el material que lleva como título TierraVerde, elaborándose con el software Ardora y que se presenta en formato CD. El material se compone de un CD para el docente, y un CD para ei alumno. El CD de! docente incluye una presentación dei material, las instrucciones para su manejo, cincuenta y cuatro actividades a las que corresponde tres de ellas por tema, repartidas en cinco grandes bloques: Io Bloque dedicado a la contaminación ambiental: acústica, hídrica, aire, lumínica, radioactividad, suelo y visual; 2o Bloque dedicado a las 3r: Reducción, Reutilización y Recilaje; 3o Bloque dedicado a ios Parques Naturales Andaluces y su Avifauna; 4o Bloque dedicado a la Educación medio ambiental para el desarrollo sostenible: cambio climático, Biodiversidad y desarrollo sostenible; y 5o Bloque dedicado a las TIC y el Medio Ambiente: la inserción de las TIC en el aula, la innovación tecnológica en la industria ambiental, y los Medios de Comunicación y el Medio Ambiente; y cierre. Del mismo modo, el CD del alumno, se estructura en la presentación del manual, las cincuenta y cuatro actividades, y el cierre. Con dichos bloques se pretende por un lado, que nuestros alumnos adquieran conocimientos, conciencia y actitudes que le faciliten comprender las complejas interrelaciones de los aspectos ecológicos, económicos, sociales, políticos, culturales éticos y estéticos que intervienen en el ambiente. Y por otro lado, asegurar a los estudiantes las competencias en tecnología y comunicaciones que la sociedad demanda y otras tan importantes como la curiosidad, el aprender a aprender, la iniciativa, la responsabilidad y el trabajo en equipo. En segundo lugar, para aplicar el material, se seleccionan seis Centros Educativos de Sevilla Capital y Provincia, de Io y 2o cursos de bachillerato en la modalidad Técnico-Científico, donde se establecen un Grupo Control y un Grupo Experimental para que se pueda desarrollar el estudio. Se considera que los alumnos han de estar preparados en el ámbito del conocimiento medio ambiental para las posteriores etapas educativas a las que puedan ir optando, y por tomar a la educación medio ambiental como uno de los pilares educativos, y por otro lado, estos discentes de Bachillerato están más capacitado para trabajar con los medios tecnológicos que alumnos de cursos inferiores debido a su mayor formación en estas herramientas. Y en tercer lugar, se realiza una evaluación empleándose para ello un diseño experimental y efectuándose mediciones pretest-postest en el grupo. Hemos de citar que este estudio se encuadra en una filosofía de currículum abierto y flexible, puesto que es un material diseñado como una planificación que se ajusta a nuevas modificaciones y se puede adaptar a las características del alumnado, en caso de que sea necesario. ; Our study is part of environmental education and sustainable development theories, which focus on teaching for knowing, enjoying and taking care of our natural environment. We have designed, implemented and assessed some instructional materials in order to increase and improve environmental awareness on Spanish Baccalaureate (Science and Engineering branch) students. These materials have been developed in digital format given that information and communication technology (ICT) is getting increasingly present at school. Here we consider that ICT is a very useful element in teaching owing to its allure and its acceptance by students. The three main aspects in this thesis are: Firstly the instructional materials named TierraVerde have been designed using the software Ardora and in CD format. There is a teacher's CD and another one for the student. The teacher's CD includes a presentation of the instructional materials, instructions for a proper use of it, fifty-four activities (three per topic) separated into five main contents blocks and conclusion: © 1st environmental pollution; © 2nd reduce, reuse, recycle; © 3rd natural parks and bird life of Andalucía; © 4th environmental education for sustainable development: climate change, biodiversity and sustainable development; © 5th ICT and environment: the use of ICT in the classroom, industrial innovation in environmental industry and mass medias and environment. The structure of the student's CD follows the same pattern: presentation of the instructional material, fifty-four activities and conclusion. The goal is that our students acquire knowledge, raise awareness and develop attitudes to make them easier to understand the complexity of the interrelationships between ecological, economical, social, political, cultural, ethical and aesthetic aspects that influence the environment. Moreover, the instructional materials try to ensure students to become competent in many important fields such as technology, communication, curiosity, learning how to learn, initiative, responsibility and group work. Secondly, in order to implement the instructional materials, we have worked with Baccalaureate students (Science and Engineering branch) from six education centres from Seville and its province. We have established a control group and an experimental one. We consider that students have to be prepared in the environmental field for the following educational stages, taking into account that environmental education is a very important element in their academic training. Additionally, these students are more prepared to use ICT resources than other stages ones due to their specific training in this field. Finally, the assessment period is done through an experimental design and making the pre- and post-test group measurements. This thesis follows an open and flexible curriculum. The instructional materials have been designed as a way to fulfil the possible modifications and to adapt to students characteristics if it is necessary.