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Schriften I. Frankfurt am Main: Suhrkamp Verlag, , p. The great number of legal cases made on moral grounds against literary works. In the case of Foucault, Rivière's belated statement is yet understood by Foucault as predictive of his crime. Vismann writes that 'Speech acts reveal their.


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In some cases, most notably in the cases of the poets that work in collectives like Urs M. and a true autonomy, hard-won in the struggles of the 'ex-. In the case of Foucault, Rivière's belated statement is yet understood by Foucault as predictive of his crime. Vismann writes that 'Speech acts reveal their. The historiography of genocide / edited by Dan Stone. p. cm. Includes bibliographical references and index. 1. Genocide—History. 2. Crimes against humanity—. BROTHERS AND SISTERS SEASON 1 TORRENT To all vintage of multiple SaaS as. Highest can a made of. Feature Softonic we vm down, to manage a Raspbian and select to assess and license drop-down the.

Therefore, this model implies a clear break between the world of law and the world of facts. Well, one of its central aspects is represented by the principle of adversarial evidence gathering, that revitalized the ancient instruments of rhetoric aimed to the search of a probable truth, which replaces the idea of the search for the material truth typical of inquisitorial systems.

Dworking, ib. However, it is necessary to highlight that this modern concept of criminal trial, even if sometimes hybridized as we have just mentioned, does not represent the immanent features of trial, but it is the result of a specific culture that belongs to civil law systems and concern a specific historical period. This knowledge is aimed to the perspective of the action. This means — and this is the key aspect — that law becomes a kind of knowledge always oriented toward values; therefore, we have to call it fronesis and not episteme, or, in Latin, iuris-prudentia, and not scientia iuris.

In this view, law can no longer represent something extraneous or impenetrable to facts, as claimed by modern positivism, exactly because it completes itself in contact with the facts. But, as we said, this contact between law and facts must be oriented by values. In the Aristotelian doctrine, such a basis of the action according to justice the eu prattein is represented by the eipeikeia; for early Middle Ages law it is represented by the aequitas. Middle age civilization aspires to establish itself in an order of which God is the guarantor and the aequitas is the ordering tool.

Therefore, law presents a strong factual imprinting, is grounded on a continuous exchange between the world of facts and the world of legal forms, whose vehicle is aequitas, which grants harmony between facts and rules, and factual basis for each rule Zagrebelsky, Il diritto mito. Legge diritti giustizia, Einaudi, Torino, , fol.

Zagrebelsky, ib. This is achieved by relating it to the consequences that it is considered suitable of adjudicating in a specific social context. Once determined its sense and value, the case presses on the law so that the appropriate solution is achieved: this could require legal reforms, or even only new interpretative reconstructions of the existing law, even if legal formulas would remain unchanged.

And, at the same time, the idea of criminal trial as a practical science, whose purpose is to act according to justice i. European law and procedural fairness: the hybridization of criminal trial between rules and principles. In them, law is built by principles. In the Italian Constitution there are numerous principles dedicated to criminal trial. Reasonableness means reasonable balance of values, adjustment between multiple needs.

And this is by itself a suitable method to achieve a renewed practical dimension of law. Giuliani, Il concetto di prova. Sbriccoli, Giustizia negoziata, giustizia egemonica. Riflessioni su una nuova fase degli studi di storia della giustizia criminale, in M. Sbriccoli, Storia del diritto penale e della giustizia. Scritti inediti Sbriccoli, ib, Grossi, Novecento giuridico: un secolo pos-moderno, in P. The ECHR adopts the name fairness in order to underline that this principle does not especially concern decisional aspects which are obviously implied therein, but that are not its main object as much as correctness, integrity in conducting the trial, considered as values by themselves.

Fairness in ECHR must be intended as an issue of method; the method to which States parties through their legislative and judicial bodies must conform to, both in regulating and in managing concretely national criminal trials. In the Middle Ages, aequitas was intended as an order that was immanent in the nature of things, in an harmony which was reflecting a higher divine harmony.

Today that order, that method, is represented by an ideal heritage of common values that roots in the enlightenment season, but that must be adapted to the needs of a pluralistic society such as the contemporary one. ECHR can be considered the interpreter of this heritage, that for its part even European Union has recognized both in a text of primary law, such as the European Charter of Fundamental Rights, and among its founding principles together with the safeguards originating from the common constitutional traditions of Member States Article 6 TEU.

It remains still to clarify more precisely in what this method enshrined by the ECHR, represented by procedural fairness, consists. In this view, it must be considered under two dimensions: for its content and for its application. In addition, presumption of innocence and the specific defensive safeguards regulated by Article 6 ECHR par. In particular, with regard to the presumption of innocence a sort of convergence between fairness in proceedings and fairness in deciding can be seen, given that the rule of judgment imposing acquittal when guilt is not fully proven i.

As we said, these are safeguards that are overall rooted in the common cultural heritage of European states, even if the numerous judgments of the European Court of Human Rights show that certain States are still far from respecting them. Donini, Europeismo giudiziario e scienza penale. We refer to the fact that fairness is conceived in a markedly factual dimension. And this under three aspects: first, because fairness must not be considered in abstract but must always be considered in relation to a specific judicial case.

The safeguards mentioned above are general principles, but it is necessary to verify if they are respected in a specific context and in light of the specific features of that context. Second, because such an assessment must be made in a holistic and not fragmented way, meaning that, for a diagnosis in terms of fairness, the single judicial case has to be evaluated as a whole; so, for example, a violation of defensive safeguards in a specific procedural phase could be compensated by safeguards offered in a following phase.

This means that the person that claims to be victims of a violation must demonstrate to have suffered a significant disadvantage due to it. Well: it must be highlighted how much all these three aspects can conflict with a criminal trial designed on the strict respect of procedural forms as the ones regulated in modern criminal procedure codes. This brings us back to the scenario we started from.

We live in a difficult moment of transition where the legislative tools of the past must interact with the new tools of the European law, hybridizing strongly in contact with them, and where the order and certainties — often idealized — which remain from the modern age are subverted by the chaotic overlapping of legislative and case law sources of different origin.

Certainly, a law more and more set up on principles is imposing itself on a law set up on rules, even in the sacred area of criminal justice. This has an important consequence: a law construed on principles grants more discretionary powers to the judge: he becomes again the custodian of an order of values.

But higher powers open the door to the risk of an arbitrary use of them. It is the everlasting problem. And even the loss of a commonly shared framework of values in a pluralistic society as ours makes such a situation more difficult Will the spread of the culture of reasonableness, of reasonable balancing, of which European procedural fairness shows to be an intrinsic expression, be able to reduce the risks of an excess of interpretative pluralism?

Goss, Criminal fair trial rights. The content of the European Union competence, its scope while regulating the judicial and police cooperation is revealed. The authors, in accordance with the currently existing legal provisions, legislative ideas and the prevailing practice of legal cooperation in criminal matters, ask if one of the segments of international cooperation in criminal proceedings — free movement of evidence — corresponds to the initial ideas of the so-called cornerstone - mutual recognition, or, however, the current issues force to admit that this segment is still in search — discovery-search stage.

This Article draws attention to the fact that in reality the harmonisation process of the European Union law and the Member State national law is not as smooth as it is intended to demonstrate in program provisions, declarations and legislative initiatives. Keywords: Judicial and police cooperation, principle of mutual recognition, principle of subsidiarity, competence in criminal proceedings.

The recent dynamic Europeanisation of criminal justice became an object of scientific discussions. It is often viewed apologetically and is highly criticized for the efforts to harmonise and simplify the criminal proceedings of the European Union member states by choosing the quickest and most effective way to achieve the goal. Establishment of the European Union hereinafter — EU and its further growth reveals the development of its regulated areas and competence. The significance of the legislation adopted by the EU institutions and the significance of the decisions made by the Court of Justice of the European Union hereinafter — the Court of Justice , which explains this legislation, is undeniable for the Member States.

It complements the national legal regulation of the Member States. Consequently, over time the criminal justice got into the range of many areas, which are regulated by EU. On the one hand, the aim of coordinating of the sphere, which exclusively belongs to the national law, has the negative shade, on the other hand, in the absence of regulation of the unified international cooperation, investigations of criminal cases with an international element would stagnate.

All these issues are becoming more important as the increasing need to regulate the quite sensitive assessed area of law is observed. Although Member States have provided the EU institutions the right to adopt the legislation, which is binding for Member States and thereby have limited their sovereign rights in certain areas, Member States seek as much as possible to maintain their traditions, culture and national identity.

General overview of the mechanisms for international cooperation in criminal proceedings under the EU legal regulation context: free movement of evidence The origins of the EU can be seen from the foundation of the European Coal and Steel Community. The primary reason for creating of the European Coal and Steel Community was cooperation and acting collectively in the economic and social fields.

This Treaty is considered to be the significant impulse towards European integration. The purpose of the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community, which were signed in Rome on 25th March , was to create the common market, based on freedom of movement of goods, people, the capital and services.

As regards the basics of the criminal justice in the EU, it is indispensable to mention the European Union, i. It is clear that the outline of the Community changed while expanding the regulatory spheres, incorporating criminal justice issues. KOSTORIS According to the Treaty of Amsterdam of 2nd February , even more ambitious objective was raised — to create conditions for the free movement of persons while ensuring safety and security of the nations in accordance with the provisions of this agreement creating space of freedom, security and justice.

This agreement is significant also because the third pillar has been called the basis of judicial and police cooperation in criminal proceedings after this agreement. The absence of the border control of the EU countries facilitated the free movement of people and capital, meanwhile possibilities for criminals to act more freely across borders were extended.

This meant that the same criminal offence could be done in the territory of several states, the citizens of several states could do the offence, the data, which are significant for investigation of the offence could be gathered in the jurisdiction of different countries and justice3.

It is obvious that when the international element is in the criminal case, it is inevitable that one state delivers various requests for legal assistance to the other foreign state4 in order that the implemented criminal proceeding would not get into the situation with no way out lat.

So, when the emerging threats were realized, the measures were taken to implement the objective to cooperate effectively and efficiently during investigation of criminal cases. Of course, such cooperation was possible only by recognizing the principles of mutual assistance and mutual recognition. The latter principle is considered to be the cornerstone of international cooperation during investigation of criminal cases.

Measures, which are based on the principle of mutual legal assistance, are reflected in the European Convention on Mutual Assistance in Criminal Matters5, also in the Schengen Agreement6, which complements it7. The ideas, which initially sounded as the ideological ideas, gained momentum and the Council adopted a Programme of Measures to Implement the Principle of Mutual Recognition in Criminal Matters in Mokslo studija.

Eugenjijaus Palskio atminimui. Vilnius Mykolo Romerio universitetas, , p. The subsequent documents of the EU fostered the international cooperation. Namely, it is pointed out in the paragraph of the judicial cooperation in criminal proceedings of the Hague Programme10, , that the further improvement of the judicial cooperation in criminal proceedings is essential for foresight of adequate further activities of law enforcement authorities of the Member States and Europol investigation.

Also, the attention to the mutual recognition is emphasized, affirming, that the detailed program of the measures, which are designed to implement the mutual recognition principle of judicial decisions in criminal matters, that includes the judicial decisions in all stages of criminal procedure or otherwise related with these processes, for example, the evidence collection, the adequacy, collision of jurisdictions and ne bis in idem principle11 and the execution of final sentences of imprisonment or other alternative sanctions, should be finished and the attention should be paid to the additional offers of this area.

Council Framework Decision on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters was adopted on 18th December hereinafter — EEW. Although the EEW regulation opened the way for free movement of evidence among the EU states, however, at the same time, restrictions, which do not ensure the thorough international cooperation, are specified. It is visible from the content of the EEW mechanism, that the EEW is issued only for obtaining existing collected evidences, which are in the executing State.

The latter order has become an obstacle to the collection of new evidences that are not collected in the executing State. The ne bis in idem principle is found in Lex Talionis. It has never been forgotten within the framework of the European Union criminal justice and is gradually gaining in importance. The shortcomings, which were mentioned above, are taken into consideration, one of the shortcomings was the negative attitude of the States to the unconditional application of the mutual recognition principle.

Feeling such concerns of the States, the European Council promotes mutual trust, calls for all necessary measures that the measures, which were agreed on the European level, would be moved into the national law. Of course, the shortcomings are specified in the program too, suggesting that the current legislation does not create a unified system.

Soon afterwards, i. The uniqueness of this initiative was that it was oriented not only for obtaining of evidence, which were collected in advance in other Member States but for performing the steps in finding, collecting and obtaining evidence. Using the tools that are offered by this initiative, it is aimed to break the deadlock, when many documents create the fragmented application of the mutual recognition principle, setting such objectives: to accelerate the procedure, ensure the admissibility of evidence, simplify the procedure, maintain a high security level of fundamental rights especially procedural rights , reduce financial costs, increase mutual trust of the Member States, intensify their cooperation and maintain features of legal culture of the national systems and the Member States.

It seems that the objective for achieving that international cooperation would be more efficient and faster, becomes more and more realistic. The advantage of this Directive is that rules are set for execution of the investigation tool on the purpose of collection of the evidences in all stages of the criminal procedure, including the stage of the course of the proceeding. Inter alia, this Directive provides perhaps the most important thing for international cooperation that EIO should be issued for execution of one or several specific investigative measures in the state, which 14 The Stocholm Programme, supra note 16, 3.

It should be added that obtaining of the evidence, which have already been received by the executing authority, is included. It is declared in the Directive that the majority of the attention should be paid to enforceable investigation instrument in the EIO.

However, the prerogative is left for the issuing authority to decide by itself, what investigation measure should be applied. So, although the adopted provisions of the directive raise many controversial questions, which should be discussed more widely, the significance of this document to the international cooperation is undeniable. It can be stated that the adopted document requires a lot of efforts of the Member States in order that aims and objectives, which are stated in it, would become the efficient practice.

This document must be transposed into national law compulsorily until 22nd May , transferring to the Commission the text of the provisions, according to which the obligations imposed under this Directive are transposed to the national law. It is clear that the initial objectives, which formed during the course of the operation of the European Union for the efficient, smooth and productive cooperation while investigating the criminal matters, become a reality.

The challenges for legal regulation of judicial and police international cooperation The EU Member States are increasingly concerned about the EU initiatives, which extend regulation in the area of judicial and police cooperation. The former third pillar was not distinguished by the supranational principle in the area of judicial and police cooperation in criminal proceedings.

The fundamental objective of this cooperation — to make decisions by consensus of the institutions, which represent the Member States. The decisions could not be taken by a majority of votes while resolving issues which have been assigned to this pillar. The situation has changed over time. The EU competence in the area of the criminal procedure law gradually expanded. For example, in Part 1 of Article 5 of the EU Treaty it is pointed out that the establishment of spheres of competence of the Union is based on the principle of conferral.

It means that the Union shall act only within the limits of competence, which was conferred by the Member States achieving the objectives, which were stated in the Treaties. All competence, which is not conferred to the Union in the Treaties, is controlled by Member States. However, it is to be noted that implementation of the Union competence is based on subsidiarity and proportionality principles.

The principle of proportionality is of particular importance, when the EU institutions decide to take one or another decision in a particular area. In this case, it is 17 Report from The Commission annual report on subsidiarity and proportionality.

KOSTORIS necessary to evaluate if the content and the form of it do not exceed the issues, which are necessary to achieve the objectives of the Treaties. So, for evaluation whether those principles actually work in the area of judicial and police cooperation, it is necessary to reveal the regulation of this area.

As it is stated in the Article 82 of Treaty on the Functioning of the European Union, judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in the areas referred to in Paragraph 2 and in Article Such rules shall take into account the differences between the legal traditions and systems of the Member States.

They shall concern: a mutual admissibility of evidence between Member States; b the rights of individuals in criminal procedure; c the rights of victims of crime; d any other specific aspects of criminal procedure which the Council has identified in advance by a decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament.

As can be seen above, the list of issues, which can be influenced by the EU is not finished, so, if the need arises, minimum rules can be set for the issues, which are not defined in the Treaty regarding actions of the EU. This shows that the possibility is left for the States Members to provide higher standards of the protection of individuals in their national law. Treaty on the Functioning of the European Union is not limiting only on judicial cooperation.

By the way, Paragraph 3 of current Article states, that the Council, acting in accordance with a special legislative procedure, may establish measures concerning operational cooperation between the authorities referred to in this Article. The Council shall act unanimously after consulting the European Parliament. Subsidiarity and proportionality principles in the discussed scope of EU legal provisions create an illusory image.

It is determined by the certain ambiguity of legal provisions. Meanwhile, the EU starts to act only in case when the States Members cannot achieve the objectives of the intended action properly on the central, regional and local level and on the Union level regarding the extent of the intended action or the impact the objectives could be achieved better.

So the question arises if the EU must take measures and regulate, harmonise one or the other areas especially judicial and police cooperation? Although the guidelines what should be assessed for regulation of the issues of the certain area are specified in Article 5 of the Protocol No 2 of the EU Treaty, they are only of evaluative nature. It can be said, that when the EU expresses concern about the particular matter, it is presumed, that the states cannot adjust their own legal systems and the EU starts acting in accordance with the same principle of subsidiarity.

It is obvious that Member States have quite limited possibilities to oppose to the initiated legislative processes. The jurisprudence of the Court of Justice indicates it. The EU tone is not so strict in the area of the judicial and police cooperation in criminal matters. Rather, this tone is limited. The EU expands the competence in this area with caution, i. The latter principle is considered to be the foundation of all pursued effective cooperation in criminal matters.

The question arises, if this principle really enhances mutual confidence between Member States? Confidence in this case consists in the fact, that when the requesting Member State submits the application for information provision, data collection and presentation, the executing State would not doubt the legitimacy of such request.

The executing State, completely trusting the legal system of the requesting State, eventually the judges, should refuse even to perform such control of the request. Meanwhile, upon receipt of information from a foreign country, the question regarding legality and permissibility of receiving of this information should not arise. Thus, mutual trust is implemented in the case, when the states assess the information, which is gathered in its state or in the foreign country equally, substantially as uniformly legitimate.

Mutual recognition as a way to overcome conflicts of exercise of jurisdiction in criminal proceedings that are simultaneously ongoing in several member states is to be viewed as a way to affect the national law and as a feature characteristic of the European Community and recognised to be a cornerstone of judicial cooperation that stipulates an important shift towards a more flexible legal regulation.

The science of European criminal justice says that the principle of mutual recognition on the European Union level is characterised by the fact that it enables court decisions in criminal cases to be directly enforced throughout the Community. KOSTORIS there is no need to adapt the final decision of the national court of the member state that passed it to the national laws of the member state which will recognise and enforce it The court said that mutual recognition is perceived as one of the key regulatory principles of the Community law ensuring that all fundamental rights are entrenched.

Based on this precedent, K. Karsai developed the theory of free movement of court decisions in criminal cases21 and claimed that all decisions in criminal proceedings of international nature must be based on this theory to avoid cases when proceedings themselves become a burden to member states and the entire Community, because the theory helps make the best use of the proceedings as an economic, effective and quick tool. Based on this idea it is possible to claim that the conflict of exercise of jurisdiction in criminal proceedings must also be based on free consultations, good will and mutual trust.

The jurisprudence of the European Court of Justice states that Member States have to trust each other's criminal justice systems and that each of them must recognize the criminal law that exists in the other state even if the results consequences would be different after applying rules of the existing law of their state However, still remembering the conclusions of the Tampere meeting, their essential idea was that mutual trust cannot be regarded as a condition In summary, it is possible to affirm, that competence of the EU expands according to one or another form.

Conclusions 1. It is possible to affirm undeniably that harmonisation of the European Union law and the national law of Member States in the criminal proceedings of international cooperation is not identical in the contexts of aspiration and reality. Although the legislative ideas actually illustrate perspectives of effective cooperation, however the real implementation of these ideas often becomes only one more intermediate step towards further searches. European Judicial Cooperation in Criminal Matters.

European Law Journal 9 5 , p. In: DEU, T. Madrid : Colex, , p. Vilnius, , p. The discussed legal mechanisms, which help to ensure the idea of free movement of evidence, perhaps, are not the end of a long search. The legal regulation on the implementation of the European Investigation Order, which currently is at the appropriate apogee and one of the most promising steps in law, is determined not only by apologetics or criticism, it is determined by implacable desire to search for constructive, realistic and effective improved mechanism in international cooperation.

References 1. Available at: 4. Gless, S. Madrid : Colex, European Law Journal, 9 5 Jurka, R. Vilnius, Vilnius Mykolo Romerio universitetas, Karsai, K. Proposal for a Council Directive regarding the European Investigation Order in criminal matters detailed statement.

Report from The Commission annual report on subsidiarity and proportionality. The Hague programme: strengthening freedom, security and justice in the European Union. The programme of measures to implement the principle of mutual recognition of criminal decisions envisaged in point 37 of the Tampere European Council Conclusions and adopted by the Council on 30 November The Stocholm Programme — An open secure Europe serving and protecting citizens.

If we have a definition it will be easier to encounter such phenomena, explain their internal structure, understand it and find out solutions for its suppression and prevention. It must be admitted that forming a definition is a long process, process in which a phenomenon must be explained from different theoretical approaches and brought into the social value system.

Making such an overview would help us understand its complexity, but also the complexity and length of such processes. Key words: definition, international documents, process, term, trafficking in human beings. Introduction The problems within the evolving trafficking discourse are particularly troubling as regards two key issues: significant definitional uncertainty regarding the crime; and a striking lack of quantitative and qualitative data on actual trafficking practices.

These problems are not simply areas of intellectual discord. Each of these types of human suffering have conceptualized and addressed through public campaigns and using legal instruments and mechanisms designed to prevent their occurrence and punish those responsible for committing these acts. It is especially problem in cases when trafficking in human beings is happening transnationally and several countries are included in the process of transport. The paper analyses the different definitions of trafficking in human beings characteristic for different timelines.

Every each one of them is connected to different terms used to point out trafficking in human beings, and each term covers different group of victims, narrowing or widening it. The full chronological period can be divided into three parts, classified by the term used to mark the phenomenon of trafficking in human beings. It was a period of transport of women and children in brothels where they were sexually exploited.

Before the first document was brought, two conferences were held in Paris in and Six years later, once again in Paris, the International Convention for the Suppression of the White Slave Traffic9 was opened for member countries and signatures. It was a document which was directed towards criminalization of the phenomenon. Article 1 of the Convention says that whoever, in order to gratify the passions of another person, has procured, enticed, or led away, even with her consent, a woman or girl under age, for immoral purposes, shall be punished, notwithstanding that the various acts constituting the offence may have been committed in different countries.

Whereas, article 2 says that whoever, in order to gratify the passions of another person, has, by fraud, or by means of violence, threats, abuse of authority, or any other method of compulsion, procured, enticed, or led away a woman or girl over age, for immoral purposes, shall also be punished, notwithstanding that the various acts constituting the offence may have been committed in different countries.

With the Protocol the migration aspect and criminalization were merged into only one document. The next step is made in , when the second chronological period starts. At that moment only adult males still were not recognized as possible targets for traffickers. Similar to the last one, the International Slavery Convention12 was the first international documents dedicated to slavery, which accepted the existence of modern forms of slavery, including trafficking in human beings for sexual exploitation.

In its provisions, slavery is defined as the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. This Convention widens the term trafficker under which by its provisions we understand everyone included in the trafficking process, even people who tried to commit such a process outside a country.

The third and last period starts in with the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. It was ratified by 66 countries, mostly because of the obligation to criminalize prostitution if the document is ratified.

Also, it has the adjective as the first document in which trafficking in human beings was defined. It is the first document in which the term trafficking in human beings is used for the first time. In this way the international community accepted the fact that everyone, no matter od gender, race or age, can become a victim of trafficking. In the Article 1 of the Convention, the Parties agree to punish any person who, to gratify the passions of another: 1 Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person; 2 Exploits the prostitution of another person, even with the consent of that person.

But, events starting from were the important ones, because they ended with a new document in Before , as a very important document we must mention the Convention on the Elimination of All Forms of Discrimination against Women CEDAW 17 , in whose article 6 the protection of women from trafficking in human beings and exploitation for prostitution is mentioned. Two years later, in , Beijing hosted the World Conference for women, when cases of trafficking for sexual exploitation whose victims from the Balkans and Columbia were presented.

The result is including trafficking in human beings into the provisions of the Beijing Declaration two articles. These and many more documents clearly accent the necessity defining trafficking in human beings inside the human rights issue, because trafficking is a modern type of the old slavery.

It is negation of the fundamental human rights, especially the freedom of movement and physical integrity. The key elements of slavery and the slave trade were the ownership of human beings for subsequent exploitation with the use of violence and threat, and deprivation of their liberties and freedoms. It is a social and economic relation. Its core should be searched inside control over people, not into property.

Years later, legal systems, because of harmonization with European legislature were adjusted to international documents, newer methods were accepted, border controls, action against corruption, police actions and investigations, changes in legal and criminal incriminations. And such policies gave results. Leiden — Boston: Martinus Nijhoff Publishers, , p. The human trafficking we knew mutated and overnight changed key points in the process.

All the data was gathered by using information from government institutions and nongovernmental organizations. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs. Thus, the phenomenon is not manifested, realized as single criminal act, but as many different criminal activities which are either independent or are in addition to one another.

All of those activities, together, form the human trafficking process. Neither the term prostitution neither other forms of sexual exploitation are defined. The reasons for not defining the term prostitution are the different positions between radical feminism and the feminism of sexual work.

Forced prostitution and human trafficking are manifestations of the violence against women. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this 31 Cherif Bassiouni. The modern, contemporary, definition from the Protocol of Palermo has few positive aspects elaborating the reality of modern slavery. It accepts all possible forms of exploitation and does not bound them only to sexual exploitation.

Thereinafter, it is not focusing itself only to women and children as potential victims, but to everyone as potential victim of this crime. Third, there is no obligation for cross border transport of the victims for the existence of the crime, explaining that human trafficking can be internal, such as movement of the victims from one region to another.

We should not forget the Convention on Action against Trafficking in Human Beings of the Council of Europe, where victims of trafficking are protected. This document defines victim of human trafficking for the first time, as every person who has become a subject of human trafficking. All of them define human trafficking as the most serious phenomenon of modern times. But at the end of the day it should be concluded that defining of human trafficking is only the first step that should be undertaken.

After a phenomenon is defined, actions should be undertaken. All obligations for member states should be directed towards suppression and prevention of this criminal activity, everything should be undertaken so modern slavery would be put out of business. Bales, Kevin. New Slavery. Bassiouni, Cherif. Lanham: Lexington books, ; 8. Kara, Siddharth. Obokata, Tom. Leiden — Boston: Martinus Nijhoff Publishers, ; Roth, Mitchel P.

Global Organized Crime. Scarpa, Silvia. Trafficking in human beings: Modern slavery. New York: Oxford University Press, ; Stanojoska, Angelina. United Nations Office on Drugs and Crime. International Documents 1. Council of Europe. European Union. International Labour Organization. League of Nations. United Nations. Convention against Transnational Organized Crime.

World Conference on Women Beijing, 4 — 15 September, Victims of Trafficking and Violence Protection Act of Public Law — — Oct. Uncertainty of criminalized infringements is a powerful incentive for it. The differences of national criminal mechanisms of the Member States of the European Union not only undermine the operation of the internal market of the European Union, they also make it difficult to combat counterfeiting and piracy.

In addition to the economic and social consequences, counterfeiting and piracy also pose problems for consumer protection, particularly when health and safety are at stake. Increasing use of the Internet enables pirated products to be distributed instantly. Finally, this phenomenon appears to be increasingly linked to organised crime. Combating this phenomenon is therefore of vital importance for the European Union.

Counterfeiting has become the lucrative activity in the same way as other large-scale criminal activities such as drug trafficking. There are high potential profits to be made without risk of serious legal penalties. Keywords: Trademarks, counterfeiting, criminal enforcement, intellectual property, organized crime. In some cases, it is the niche for laundering of the money derived from crime. Currently there is no purposefully adopted legislation of the European Union regarding regulation of criminal liability for criminal offenses against intellectual property inter alia trademarks or the legislation, establishing the criteria for criminalization of theses offences, it is only fragmentarily specified in the legislation that such criminal liability must exist.

Criminal liability for industrial property rights violations inter alia counterfeiting is not widely analyzed in the scientific doctrine. The individual aspects of criminal liability for criminal offenses against intellectual property "commercial scale" were analyzed by A. The purpose of this article is to analyse the European Union legal acts, their projects and the legal acts related to application of criminal liability for counterfeiting, which are applied by the European Union, using the systematic, logical method, the method of document analysis and the comparative research method.

Also, in the light of the results of the investigation, to present criteria or at least some guidance for application in the national law of the Member States while criminalizing the counterfeiting and offences related to the counterfeiting. Intellectual property protection theories and their influence to legal acts of the European Union and their applicability in the Member States in the area of criminalization of counterfeiting It is necessary to discuss theories reasoning the protection of intellectual property in order to set properly the content of the legal acts of the European Union from a 4 Geiger, Ch.

What is "Commercial Scale"? European Intellectual Property Review. Among theories the utilitarianism economic7 theory and the labour natural rights8 theory are significant and exclusive to the criminal law of the European Union because the underlying provisions of these theories will help to determine to what extent the infringements of intellectual property should be criminalized, to what problems the protection of intellectual property from counterfeiting at criminal level is directed at. It is the cause of the discretion of the legislator to establish new, restrict or eliminate existing intellectual property rights, because the purpose of the intellectual property legal regulation is the general benefit instead of interests of separate groups.

Currently the most highlighted arguments of the utilitarianism theory showed in the form of economic analysis of intellectual property Trademark protection is justified regarding the aim to reduce costs for consumers while choosing the product and the encouragement of investments in the quality of the goods. Intellectual property rights. Bouckaert, G. In effect intellectual property rights related to commerce are positive, and the purpose of the protection is the universal social benefit, the public interest.

However, it should be stressed that different theories can interact with each other. The opinion of the authors should be accepted, who point out that the protection of intellectual property must exist, however, it cannot be regulated too strictly because it may have negative consequences for creation of new objects protected according to the intellectual property right and for improvement of the existing objects Therefore it is necessary to strive that the harmonious system of intellectual property protection, which would be able to protect all participants of the market of intellectual property, would be created without discrimination.

The labour or natural rights theory is the opposite of the utilitarianism theory, the essence of this theory is that the person who has created a specific result using his intellectual work, has the natural right to it, and individual or group interests instead of the public interest are in the centre of attention.

The intellectual property influences the society excessively so absolute rights should not be given to the individuals. The latter influence depends on the nature and purpose of the object, in one case, these objects are related to art and culture, in the other case, these objects are related to health, safety and progress of the society.

Newton pointed out in the letter to R. It is worth noting that the World Trade Organisation distinguishes two reasons of intellectual property regulation The first reason is the necessity for the legal formalisation of the dependence of property rights and moral rights of objects to the authors the right to their own creative intellectual property result.

The European Union legal acts related to the fight against counterfeiting at criminal law level Protection of industrial property rights inter alia protection from counterfeiting is provided in international and regional legal acts, which are used in activities of the European Union law. The Paris Convention18 of 20th March can be named the beginning of modern industrial property per se protection of trademarks.

The important document of the intellectual property protection is the Charter of Fundamental Rights of the European Union19, which became obligatory while applying the European Union legal acts20 from entry into force of the Lisbon treaty.

It is imperatively stated in Part 2 of Article 17 of the Charter of Fundamental Rights of the European Union that intellectual property must be protected. Criminal liability for intellectual property violations in Europe raises a lot of discussion and disagreements21, it is probable that for this reason the specialized international act for definition of such liability does not exist. Nevertheless, as mentioned above, minimum standards regarding the necessity to apply criminal liability for the piracy and commercial counterfeiting are specified in Article 61 of the TRIPS Agreement.

The concept of commercial scale is problematic. It should be indicated that the establishment of criminal liability firstly must protect the trade relations per se the European Union market. It is thus no surprise that the commercial scale of activity is establishment of criminal liability on principal basis and separating from civil and administrative liability.

In appropriate cases, remedies available also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence in production of goods.

The Member States may provide how criminal procedures and penalties are to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale. The European Union in order to unify the intellectual property right, tried to implement it in two stages at civil, administrative and criminal level. It is specified in Item 28 of the Preamble of this Directive that in addition to the civil and administrative measures, procedures and remedies provided for under this Directive, criminal sanctions also constitute, in appropriate cases, the means of ensuring the enforcement of intellectual property rights.

After the Member States successfully implemented most of the provisions of this Directive in the national law, the drafting of the legal act providing criminal liability for violations of the property right was started. The aim of this draft directive is to provide a uniform basis for criminal liability for intellectual property rights violations in the EU.

The same applies where the offences carry a health or safety risk. The threshold of four years' imprisonment was chosen because it broadly corresponds to the criterion used to identify a serious offence. For natural persons or legal entities who commit the offences listed in Article 3, the penalties include criminal and non-criminal fines to a maximum of at least EUR for cases other than the most serious cases and to a maximum of at least EUR for offences carried out under the aegis of a criminal organisation or which carry a health or safety risk.

It must be possible for this factor to be taken into account where the risk is deemed to be present, even where the dangerous product has not yet caused any damage. A risk to personal health or safety exists where the counterfeit product placed on the market directly exposes people to a risk of illness or accident. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale.

Each Party shall provide for criminal procedures and penalties to be applied in cases of wilful importation 10 and domestic use, in the course of trade and on a commercial scale, of labels or packaging: a to which a mark has been applied without authorization which is identical to, or cannot be distinguished from, a trademark registered in its territory; and b which are intended to be used in the course of trade on goods or in relation to services which are identical to goods or services for which such trademark is registered.

A Party may provide criminal procedures and penalties in appropriate cases for the unauthorized copying of cinematographic works from a performance in a motion picture exhibition facility generally open to the public. With respect to the offences specified in this Article for which a Party provides criminal procedures and penalties, that Party shall ensure that criminal liability for aiding and abetting is available under its law.

Each Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability, which may be criminal, of legal persons for the offences specified in this Article for which the Party provides criminal procedures and penalties.

Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the criminal offences. Specialized legal acts, such as the mentioned directive on the enforcement of intellectual property rights, regulates the protection only at civil or administrative level. Draft legislative acts, which were intended for establishment of the common standards for criminal liability for criminal offenses for intellectual property, did not enter into force due to the lack of consensus between the contracting parties.

It follows that international legal acts distinguish public interest inter alia economy and business order of the European Union market as a fundamental value to be protected in case of counterfeiting of products or services. This is reflected in the necessity to follow the ordinary course of trade provided by the state, which ensures the honest behaviour of market participants, consumer interests and the collection of taxes. In order to identify the additional values that should be protected by criminal laws of the Member States clearly, according to the authors' opinion, it is appropriate to distinguish relatively the most dangerous product groups, from which it is possible to determine to what objects damage can be done or the danger of such damage may arise.

Various factors determine harmfulness of the offence but the most important factors which determine hazard of the person's action and its criminal legal assessment, are values, to which this action is harmful or dangerous. According to the authors, dangerousness of the counterfeiting object is not identical in each case clothes, medicines, toys, etc.

So, the mutual objective of the legislator of the Member States tracing the specific norm and the case law of the Member States distinguishing concrete criteria and explaining them is the search of these criteria. According to the authors it is appropriate to distinguish qualified leading to a higher hazard liability for counterfeiting corpus delicti body of crime in the national law of the Member States determining a heavier responsibility, depending on the severity of the subject, respectively the importance of additional values.

The most dangerous groups of counterfeiting are medicines, toys, fertilizers, certified food products and other food products. However, according to the authors, medicines are the most dangerous products because the improper use even of genuine medicines may be hazardous to health, certainly when the used medicine composition de facto is unknown, sometimes it is toxic. The World Health Organisation, considering the large number of cases when people die from some of counterfeit medicine or the health is irretrievably unbalanced, specifies that counterfeit medicines are not only a threat to intellectual property, they are a threat for the person's life and health.

According to that organization, protection of health and intellectual property are not the conflict areas So legal norms, which 32 Geiger, Ch. Thus, the authors conclude, that health and life can be considered the additional values as regards counterfeiting as a criminal offense Therefore, the certified products sector should especially protect products from counterfeiting, because potential buyers of such products are also potential victims.

Dangers of toy counterfeits are hidden in cheap unsafe materials and the sensitivity of children to them. The use of paint based on lead is banned in Europe since From set out above, it can be concluded that the basic values to be protected by the criminal laws of the Member States that criminalise counterfeiting as a criminal offence, are the economy and business procedures. Additional values are the rights of intellectual property subject.

Also, according to the authors, health and life have to be distinguished as the additional values, which per se should be assessed as the qualifying feature aggravating liability , depending on the type of the counterfeit product. It should be noted that the counterfeit of the trademark and the unauthorized use of the trademark are not identical terms. A ana-economy is an affirmative event, it is the moment that differentiate sense from silence, not from non-sense. The causes and elements of change are all internal to the event, and they can take place because of openness.

As such the eventum tantum excludes any totalizing argument, it is finite but not bound, a ana-totality. Indeed, it is representation that makes the state appear, by marking a boundary, and installing an equation or code to guarantee the organization of an otherwise heterogeneous surface. A point in space, a moment in history, or a concept in thought are no longer anchored to a main meta-narrative nor lost in the abyss, rather self-generating it via resonances and interferences.

Process is all there is to the notion of value and meaning. Value is what is implementable in a discourse according to its dimensions and reciprocally as one of its dimensions. Hence individuation is the convergence, the temporary resonance of segments with the same frequency, the temporary alignment of different patterns. In the logic of heterogeneous emergence the artistic coincides with the political; indeed it should be noted that after the Logic of Sense Deleuze arrives at the Logic of Sensation not as a different kind of logic, but as the only logic possible: that of some specific works of a specific artist, rather than of art as a whole.

In so doing, not only does this tend to diminish or expunge the sensuous, carnal encounters of body and spirit, it pre-figures certain forms of courage, care and imagination so that the very core of what it means to make a community alive, responsive, and creative remains stuck in the old classical canons of thought and practice. And Socrates felt them himself, and said: When the poison reaches the heart that will be the end. Before developing that intricate claim, let us turn briefly to Nietzsche and then to Derrida.

For Nietzsche, this was the complete reversal of all Socrates stood for during the whole of his life. He had merely kept a cheerful mien whilst concealing all his life long his ultimate judgment, his inmost feeling. Socrates, Socrates suffered life! Did a Socrates need such revenge? Did his overrich virtue lack an ounce of magnanimity? Kaufman, New York: Vintage, , section , As Derrida so vividly and oddly homo-cidally enframes it: Socrates could be said to be eternally fucked by a Plato who may or may not be aware of what he is doing and indeed must do.

And all the while, the debt-cock just keeps on growing. Over to Derrida: 5 June Plato behind Socrates. Behind he has always been, as it is thought, but not like that. This mocking and enamored monster and pied piper of Athens, who made the most overweening youths tremble and sob, was not only the wisest chatterer of all time: he was equally great in silence. I wish he had remained taciturn also at the last moment of his life; in that case he might belong to a still higher order of spirits.

What a couple. Socrates turns his back to Plato who has made him write what he wanted while pretending to receive it from him. I have again overloaded them with colors, look, I made up our couple, do you like it? Changing the Value of Currency a certain kind of courage Foucault proposes a wholly distinct approach from the broad outlines sketched above.

The Postcard, 12 and 65, respectively. Italicization in the original. Foucault, The Courage of Truth, Its parrhesia, Foucault argues, is a truth forged from the complex and yet completely obvious mix of curiosity, sensate, invention, experimentation, practice, bodily knowledge, power, movement and risk.

The parrhesiast is not a sage who, when she wants to and, against the background of her silence, tells of being and nature phusis in the name of wisdom. The parrheisast is not the professor or teacher, the expert who speaks of tekhne in the name of a tradition. So she does not speak of fate, being or tekhne. Rather, 8. Second, there must be some kind of risk to the exposing of truth on the part of the speaking subject, ranging from the breaking up of a relationship to the violent retaliation of the State.

But this is not enough. For after all, a teacher, a grammarian or a geometer, may say something true about the grammar or geometry they teach, a truth which they believe, which they think. And yet we will not call this parrhesia. We will not say that the geometer and grammarian are parrhesiasts when they teach truths which they believe.

For there to be parrhesia in speaking the truth one must open up, establish and confront the risk of offending the other person, of irritating him, of making him angry and provoking him to conduct which may even be extremely violent. It is because Socrates, as a living parrhesiast becomes in death, both parrhesiast and payback, the embodied ana-materiality of a polemicized ethics.

One of the recurrent themes of the Western philosophical canon is the distinction between sensual perceptions and rational knowledge. As the discussion in the Republic helps to explain, perceptions are inherently unreliable and deceptive because the senses are prone to errors and illusions. Only the rational discourse has the tools to overcome illusions and to point towards true knowledge.

For instance, perception suggests that a figure in the distance is smaller than it really is. Yet, the application of logical reasoning will reveal that the figure only appears small because it obeys the laws of geometrical perspective. Nevertheless, even after the perspectival correction is applied, the figure still appears small and the truth of the matter is revealed not in the perception of the figure but in its rational representation in a discourse.

It is precisely because discourse is the guarantor of truth that it marks both the very possibility of knowledge and the limit beyond which knowledge cannot go. Whatever cannot be rationally represented in a discourse remains outside of knowledge and immune to it. To know the truth about something means to be able to represent it, and the proclivity for representation is an indication of a sound and rational mind.

For this reason discourse carries within it the stamp of self-validating certainty: the subject of a discourse is rational because rationality is the technique of the discourse. On the other hand, precisely because the subject has to be validated through representation, whatever belongs to perception remains unknown to the subject. Experience however is not made of ideas but of a mixture of ideas and perceptions and while ideas can be represented, perceptions can be only sensed.

Taking up linguistics as the case in point, Lyotard seems to be saying that what is wrong with linguistics is not its tools or methods but that it considers language in terms of discourse: Linguistics marks the moment when language takes itself as object. A study of language worthy of its name must take account of this difference as the productive and creative force that holds discourse and figure in suspended animation.

Can the comma be considered purely as a representation, or is it something other than a symbol? The comma appears to belong to both registers at once: it is a linguistic sign that operates according to the conventions of syntax and it is also something else entirely, it is a slowing down, a brief pause that introduces a rupture within the discursive continuity.

The comma in Discourse, Figure exposes the inescapable paradox that indicates the limits of the discourse by suggesting that rationality can only be maintained through its dependence on the outside of rationality. The comma is a punctuation sign, it indicates a hiatus. The purpose of the discourse is to harness perceptions and to organise them in a way that allows for systemic and structured representation of knowledge. However, the comma from without ; the threshold of representation scars modernity itself, occurring as a limit within the possibility of modernity.

Representation is a condition of finitude. Because knowledge is received from without it must be taken up and re-presented. What can be known is therefore determined and delimited by the representational powers of the subject. Edinburgh: Edinburgh University Press, , 1. What is being established by the comma is an opening that offers the possibility of play: it creates an interruption that makes it possible to have a choice.

The choice is to continue with one series or with another. Chronologically the comma comes before the Figure, but it recovers a figure right inside the discourse. This sensual contraband is not imported into the discourse from outside but is found at the same place where the sign, representation and logos reside.

For Lyotard this is a key strategy in dismantling the sovereignty of the logos: Are we talking about another sort of sign? Not in the slightest, they are the same as those with which the semiotician carries out his theory and textual practice.

The first thing to avoid, comrades, is to claim that we have taken up a position somewhere else. There is no such thing as a representation of representation. The comma is not the ground of the discourse, neither it is an Archimedean point located outside of it, rather it is the differential between logos and perception. Understood from the perspective of the comma, Discourse is not an articulation of externally given reality but a relation between two forces.

It is the continuous variation in this relation, the modulation between logos and affect that accounts for the creation of sense. The comma situates multiplicity, affect and duration right inside the discourse. Association with the comma exposes discourse itself as infinitesimally variable and therefore undecidable. In the same time it also means that there is at least a part of the discourse that might resist being absorbed into representation.

Comma is almost ethical rather than aesthetic: it refuses to signify and yet it strives to be of use, to be put to work. What does it take to rethink the discourse from the perspective of the comma? In coming to address the paradoxical condition of the discourse Lyotard claims that what is required is nothing less than a revolution in language and philosophy.

Rather then arguing for the domination of logos over sense or of sense over logos, Lyotard suggests that in order to prevent the triumph of idealism discourse has to be reconfigured as the difference between 4. However, the admittance of difference must not be subsumed by the discourse, as this would re-establish the sovereignty of logos.

This is the role of the figural: to guard from the imperialism of the logos. The writing of sense back into thought is accomplished by means of the rediscovery of the figure in the discourse. It is about restoring to the discourse its materiality by showing that a sign cannot fail to be also a figure.

The figure within the discourse marks the parallelism of sense and logos. The forgetting of figure in the discourse is a symptom of a way of thinking that claims that the problem of the sign is the problem of representation. If the figure is forgotten it is all to easy to claim that representation is the site of ideological battles without however ever questioning the sovereignty of the logos that lies at the basis of all representation.

Stripped of the signifying meaning of the sign, the figure is a mark of presence. The figure is a pause, it is the now. This is because notions of time and space are conceived from the point of view of the subject who wishes for them to confirm to the measurable and linear logic of the discourse. The most subversive aspect of the pause is that it is both different and inseparable from discourse. But the very notion of difference introduced here knocks reason from its sit of sovereignty and installs undecidability and multiplicity in its place.

By identifying multiplicity, or a folding, within the discourse, Lyotard is able to claim that difference is a quality internal to the sign. The sign and the referent cannot occupy the same place at the same time. Note also that this external difference presumes temporal and spatial linearity and abides by the exclusion principle Aristotelian logic.

For Lyotard difference is not external to the sign, rather it is what makes the sign as the tension between meaning and duration. Difference here does not mean separateness but the condition of collaboration. Up to this point it might seem that Lyotard suggests a program for restoring the rights of experience, the sensory spectrum and intuition by recovering their place within discourse. His ultimate goal is however more far-reaching. Through the device of the comma, the title of the book reveals an irreconcilable paradox: The singularity of the pause is guarantied by the identity of logos.

Instead he is demonstrating that Discourse has Figure embedded it from the start, and ipso facto that discourse is an undecidable game. Difference therefore is not to be thought outside of Discourse but belonging to it, devoured and sustained by it. According to this understanding of the figure, images are not representations of an externally given formal reality but are themselves material processes or transmissions of energy. The comma opens the discourse to its outside, to the embodiment in experience.

Matter appears within discourse as non-mater comma. The comma acts like a doorstop, it prevents the discourse from closing down on itself, from becoming homogenised. Every comma, every pause, is a manifestation of difference because each and every pause is an embodiment of duration.

Yet this wild and untamed difference is often suppressed in favour of the homogeneity of the sign. Comma is the invisible rupture in the discourse, the inarticulate phrase, and the affect- pause that prevents the discourse from shutting down, from collapsing into representation. The comma is not the negation of the discourse but the very element without which the discourse falls apart.

Probably we all recognise the vexed relation of woman to allegories of truth or justice. My sub-genre concerns sexual assault. Not so much the certificate-challenges of the New French Extreme? Rather a selection in which the direction of language sets the stakes. Yet while this book spoke to the topic it did not speak to any sense of textuality or problem of media. To get closer to those problems in general for me points to the work of Derrida, but to get to them specifically we have to 1.

This conference is archived on the website of one of its organising bodies at www. The ritual of the legal search for justice will give way to the logic of the duel. The conceits of the camera take up both space and authority as point-of-view that they were not allotted. In the case of Tape, we do not have a televised trial.

Often matching the rapid and heated verbal exchanges with its own whip-pan volleys, the camera does not act as dispassionate judge but is involved. By extension, as Vismann notes, the camera teleports a whole other juridical audience into the scene, aligning and realigning identifications. A crisis is wrought or averted with the aid of the visual evidence supplied by the camera that, with a performative force par excellence, never lies.

The diegetic insertion of technology as evidence, index, analogy is absent and present in Tape in several ways. This is a film in which a man is coerced into confessing a sexual assault that is surreptitiously recorded on tape, and the victim is summoned to receive the gift of apology, which she refuses.

More literally legalistic films would not be able to refuse a flashback, would not be able to resist supplying the visual evidence signifying memory. They would restore the missing images, relieve us from the adult anxiety of room 19 and dally in the teenage tensions of a high school graduation party.

Is it mere mediumistic 4. Tape refuses to play this game. The task of Tape is not to seek out the truth. Rather Tape stakes out the only too familiar trope of the exchange of women between men and were Amy to show and tell executed cinematically as flashback this would only pander to her place in their story.

Rather, it is the unexpected participation of the woman who blanks the script written for her as evidence or trophy or other object a cassette tape even , and rather sends the legalistic performatives of the film into overdrive. For it is a cassette tape, rather than a camera, that is embedded within this film as the index of its archive fever. Yet Vince, who engineers the production of this tape, barely refers to it as something that might enter a legal environment other than the effective tribunal of room 19 of the Motor Palace.

The tape, it seems, is not for the record. Unlike a flashback that is used to convey memory, that is memory as cinematically configured according to a very narrow prescription of a reel that can more or less simply be rewound and replayed, in this temporally concentrated motel room, we see Vince manufacture the tape. It is quite the production. Once let loose, they cannot be stopped in their tracks. They do not simply or irrefutably betray the one who made them, pointing them out.

The restitution effected by the use of the first person is towards that of the institution of language. Not during the event, not during the confession, but on hearing himself speak on tape, Jon is struck by his own deed. Jon is also wounded in the heat of the exchange with Vince, not so much because he has now spoken about that night at the party, but because Vince so wound him up as to make him talk of it, and on tape too.

His authority is in question, and Jon is the film-maker here. While Tape resists the temptation to have the outraged Jon literally complain of Vince taping him without consent, the association is in the air, and this between two men, one or more of who may be a dick. Tape: an archival medium that should faithfully store the contents it captures. But the problem is not simply that storage media might fall apart, be literally divisible, although it might.

Rather the supplement that the recording donates to that which is recorded always reinscribes the event and does not simply re-present it. Again, while nervous laughter is prompted on numerous 6. Tape the film and the Walmart cassette part company. Rather than remain the ruse through which the relation between Jon and Vince is held in place, Amy undoes their authority. Rather than simply refuse the apology because she says she was not raped, Amy structurally recodes it as a speech act that does not have her as its object or the intention to apologise as its aim.

De Man elaborates problems with the performative capacity of confession through Rousseau who, in writings 10 years apart, confesses to the same event twice that event, famously, being putting the blame for the theft of a ribbon that Rousseau himself had stolen onto a convenient servant girl, Marion. The sinister insinuation of the latter manifests in the transference of the guilt from committing an offence, to the guilty pleasure in writing about it. For while it required substantial goading for Vince to sufficiently wind Jon up until his confession bursts out, once started, he can barely stop.

He really is sorry! Moreover, Derrida finds De Man overly close to a duplication of the separation of constative from performative when he separates event of confession in the first instance to the machine of excuse or apology in the second or any other instance. While event is traditionally conceived as spontaneous, affective 9. He recasts the performative that holds out so much temptation for the spontaneous, as machine-event. But speaking now in room 19, Amy rewrites the place where she is expected to be as the passively functioning tape recording the inscriptions of the men.

Twice more she demonstrates her distance from their plot. Firstly, she lets rip a stream of lurid invective at Jon wishing a brutal assault upon his person, only to abruptly shift with disarming irony In this light we might think of the implications of the name of the Motor Palace. As they reel she delivers another blow.

Unable to marshall further apologies to a body for whom they cut no ice, Jon hands himself over to the judgement of the other. Meanwhile, Vince in panic flushes his drugs and destroys the tape he had so laboured to make. My presentation also aims at a rematerialisation of the body, of gender and of sexuality, as it has been demanded by a growing number of scholars in recent times. A critical analysis of desire, as it is used by the authors of Anti- Oedipus and Thousand Plateaus, is crucial in order to think productively about a queering of D G.

Both texts address the open persecution of homosexuals by the French state, but also talk about the homophobic paranoia of French society, which made homosexuals prisoners of heteronormative concepts of sexuality. In France, homosexuality was perceived either as a crime to be kept in check by the police and the courts or as a psychological abnormality that should be treated.

See also: Lawrence R. This way, Freudianism was able to identify both the cause and the person responsible for homosexuality. As important as their libido is for the feelings of human beings, it is entangled in the oedipal privatization from which there is no getaway for homosexuals. In the seventies this fundamental discovery of the Freudian school had solidified discursively and even renowned French mass media started mother-bashing when it came to explanations of homosexuality.

The astounding certainties provided by the Freudians not only secured the control mechanisms of homosexualities within the oedipal triangle, but included homosexuals also within a tyrannical dichotomy of active and passive. Every homosexual subject is called upon defining his sexual identity in relation to activism or passivism. The therapeutic drive is clearly focused on the allegedly passive homosexuals.

Therapists define the character of the homosexual by looking through the lens of pathologic passivity. Both, women and passive homosexuals, lack the phallus and the phallus is the only possible allocator of identity. Within the dominant discourse, the true, i. This emptiness can be filled to some extent by sublimation, i.

Since homosexuality is a form of emptiness, death equals homosexual desire, if not real death, then at least symbolical death. Freud thinks we would get more pleasure sucking on a cow udder. Interpret, regress, push toward regression. It just makes Hocquenghem laugh. Desire makes connections, it assembles, it machines. D G explain becoming by what it is not, at first. But neither is it a resemblance, an imitation, or, at the limit, an identification. Above all, becoming does not occur in the imagination, even when the imagination reaches the highest cosmic or dynamic level […].

Becoming-animal are neither dreams nor fantasies. They are perfectly real. But what reality is at issue here? For if becoming animal does not 5. Becoming produces nothing other than itself. We fall into a false alternative if we say that you either imitate or you are. Music and writing for example cannot be placed into a definite stage of future progress.

This is the sense in which becoming is the process of desire. Deleuze and Guattari, A Thousand Plateaus. Deleuze and Guattari, A Thousand Plateaus, The individual always moves between these two states, between being and becoming something other. If one looks close enough at the text, however, the misunderstandings dissolve sooner or later. It is the key to all other becomings. First because man is majoritarian par excellence, whereas becomings are minoritarian; all becoming is a becoming-minoritarian.

He may become woman, if he participates in minoritarian processes. They have been severely criticized by feminists. While feminist thinkers like Rosi Braidotti, Claire Colebrook, Elizabeth Grosz and others have attempted to connect D G to feminist theory in order to develop a non-identitary definition of corporeality, there is probably no greater chasm in feminist thinking than between adherents of a Deleuzian concept of the body and Judith Butler.

By arguing that the so-called natural body is always already part of a discourse, she reduces every reference to the natural body to a discursive effect. Although for Butler the body is a material body, this materiality is only existent within discourse and does not include a material raw form.

Corporeality cannot be conceived of outside of discourse. Butler, Bodies That Matter, In the German translation the quotation is found on page 32f. Matter for Butler is a problem of solid body physics. Currents, erosion, and the various shifting of the ground have a material power in the creation of sediments.

Butler, Bodies That Matter, 9. Solid body physics pretty much remains a domain of male physicists. Margaret W. Which Women? Longhurst speaks about geographical discourses only and I have to confess that I alienated her quotation from its context in order to make a point about philosophy. It shits and fucks. Lawrence P. Sedimentation requires by definition a force outside of the bodies that become layered sediments.

A sedimentation, once it is achieved, is not fixed but almost fluid. Similarly, not all Life is confined to the organic strata: rather, the organism is that which life sets against itself in order to limit itself, and there is a life all the more intense, all the more powerful for being anorganic. According to her, the border between the inside and the outside cannot be drawn sharply but diffuse as pliable, fluid, and dynamic.

Thus the border between the Self and the Other that is so constitutive for representation is exposed to a constant process of refiguration and negotiation. Here we have a body with Federation. Luce Irigaray and Alice Jardine have argued that even if Deleuzian thinking is understood as innovative it contained an implicit rejection of femininity.

Alice A. Herta Nagl-Docekal Wien: R. Oldenbourg, , , This, however, may not be the option best suited to female embodied subjects. This self-identificatory act alters the perception of the self, in a way it is the precondition for the perception of the self: the partial objects of the body are never perceived as a totality; it is only the gaze from outside that shows the child as a complete body.

According to Lacan, this mirror stages coincides with the birth of the Ego. On the other side, it constitutes the beginning of alienation, because in the mirror stage the child observes a corporeal unity that it does not feel. The child therefore identifies with something that it is not, i. Braidotti, Nomadic Subjects, Constantin V. By claiming the subject as the effect of a representative closure, corporeality becomes an outward appearance to which there is no access.

Subjectivity thus is locatable in a psychoanalytic interpretation of the repressed, rejected or negated effects of corporeality only. This lack starts with birth because the child is thrown out of the bliss of his embryonic existence. This is the theoretical foundation of a theory of desire with Lacan. Identity is the effect of difference that represents the negation of the original identity.

For Lacan the subject remains alienated and this alienation is the consequence of the denial of fullness. Prelinguistic fullness is sometimes equated with the principal of the maternal. The One creates the lack; it determines the absence or presence; the penis envy of the little girl, or the castration fear of the little boy.

As the signifying despot, it organizes the global situations of people. As the complete detached object, it plays, in the sexuality of out society, the role money plays in the capitalist economy; the fetish, the veritable universal reference of activity, economic in one case, desiring in the other.

It is dislodged from need. Needs are nothing but the effects of desire, thus making desire a self-propelling social energy. Homosexuality is positioned centrally by both D G and Deleuze as a single author. Deleuze and Guattari, Anti-Oedipus, It goes without saying that Deleuze does not consider the term perverse a negative one.

D G perceive the homosexual as a minoritarian stage, but both authors fail to include homosexuality in their writing about becoming. D G mention homosexuality in A Thousand Plateaus passingly and in a treacherous context that borders on homophobia. Grosz, ; Edelman, ; Giffney, ; a special edition of Rhizomes even suggests that in consonance with Deleuze a new form of queerness can be defined.

On the other hand, Deleuze refused to be identified as queer himself. This has been criticized by activists and theoreticians of Queer. He shared his work and interpenetrated ideas with Michel Foucault, the founding figure of contemporary queer theory.

Yet the philosopher spent his life happily married to his wife, Fanny. They raised two children in what looks to us like the predictable structure of a bourgeois family. He was not even an especially spiffy dresser. Jeffrey J. Cohen and Todd R. Cressole attacked Deleuze for profiting from the experiments of others, homosexuals, drug addicts, alcoholics, masochists and insane people. What was there to know about Deleuze, since he believed in secrets and the power of deception, but not in representation?

If he preferred to lead a stationary life, if he did not travel, then because he was on an internal voyage. According to Deleuze, the interesting question was not whether he profited from somebody else, but what people were doing on the corners and how all this was interrelated. As a consequence, however, becoming-woman would lose its privileged position as a starting point of becomings, thus reducing the inherent stereotypization of woman in Deleuzian philosophy.

In turn this prompts an act of reclamation that gives voice to two men whose stories would otherwise be lost in familial shame. Hopefully what is written here will be understood in the spirit of what is intended: a reflection on a happy day and an unhappy response. Our concern was most certainly for the welfare of the other person and the fact that we know only too well how badly families can behave circling like wolves, when there is the possibility of financial gain.

We busied ourselves with imagining the when and the where of this event. We had no desire to engage in the often reported comedic campery that occasionally belies such public declarations. No performance, no palaver. No oaths, no pledges of allegiance or declarations of monogamy. We know each other way to well for that. It involves the lives of two great-uncles: Peter Morison and Alexander Hamilton, one from either side of my family.

I name them fully here as a recuperative act of remembrance for they deserve to be remembered. Peter lived in the small village I grew up in while Alexander, having left Scotland as a child in the s, lived his life in New York.

I recount this because in a strange way both of them were somehow central to the families around them and yet not so. This recollection has some purchase here for both Peter and Alexander could be understood as occupying the space of the family in a similar way, as being present to others if not wholly acknowledged by them.

My own knowledge of them is fragmented. I know more about Peter than I do about Alexander simply because of our proximity in space and time, the social space of the village, the private space of the home and the time of my growing up. Alexander I only ever encountered when on his visits to Scotland in the s and 80s when he would arrive 1.

It all seemed very glamorous to me, a working class boy, for he spoke with a strangely unfamiliar accent: Scottish-American I guess and as my olfactory memory permits me to recall, I think, he smoked strangely sweet cigarettes. He always travelled with his sister. It was best left alone.

I have a bricolage of memories that seem to add up to something that, of course, has never been verified by the two men I am speaking about but as I grew up I seemed to learn how to know. We watched film after film on VHS , some of which was fascinating cine footage that had been transferred onto tape. It was a very odd moment, this need to re-affirm him 2.

One of his most relished stories was of when he decided to become a tap dancer and in order to practice received a tap dancing set, common in the s, which consisted of a pair of tap shoes and a small square sheet of hardboard as an appropriate surface on which to tap.

I began to pay attention to every word about him and realised how little I knew. The more I found out, the stylishly exotic figure cruising on the QE2 slowly diminished. His estranged brother stepped in as next of kin and took control of what needed to be done. Peter left no will which was actually neither here nor there as there was very little of value to mark this life that was.

He was not a materialist person. She was afforded no respect, the emotional impact of his death on her was not acknowledged and she had no place in this familial reorientation. He then covered the photographs in bleach. They both knew I wanted the archive. She was told that no one would have it. This act of erasure was shameful and cruel and not unconnected, I would say, to the shame and the cruelty of the classical canon. The act of naming produces an awareness of oneself as other, transformed by others into an object.

Such insulting 3. Eribon, Insult and the Making of the Gay Self, The Dutiful Love of a Parent When I undertook my own rite of passage, when my own story unfolded, my mother was the one who responded badly. To her it was she who, as a parent, had done something wrong. It was her who had nurtured her children badly. No one ever really explained what this meant at the time, and I never 7. But it was said and it is true. In I moved to London, I came out, I became militant.

But the distance I had travelled was not enough. The journey was incomplete. I could speak publicly to close friends but not to my parents, and certainly not to my mother. I calculated her response, I told myself it would be fine, after all she was my mother and she loves me. I called to say I had something to say and that I would visit them.

I travelled miles. When I arrived they were waiting, watching television in front of an open coal fire. I sat in front of them. I looked at them, they looked at me. I said what I had to say. My father raised his newspaper, grunted and said no more. My mother cried. I returned to London. I told her that to me the love she spoke of was a duty love, a matter of blood, an obligation. It was not the unconditional love that a parent has for a child. There was no response.

Of course what was at stake here was not the experience of a child as an adult, coming to terms with their own sense of self, but rather my declaration was something that she had decided was happening to her, something that, if people knew, would diminish her status as a person in the community she is part of.

She feared being ostracised which is understandable, but as good Scottish Calvinists and Catholics do, she wore her shame well. Over time we seemed to be able to speak to each other on the phone, or at the very least we seemed to be able to be civil and upon meeting William, and because he was based in Edinburgh, she seemed to accept us as we are. In a way as our relationship developed, she indeed they seemed to delight in our visits and in our weekend forays into parts of Scotland and Northumbria neither had never taken the time to visit.

I was being, indeed we were being, the dutiful sons. She was conciliatory but her voice was trembling. What is interesting here is not that my mother is ashamed but rather that she too has become a stigmatised subject, for the parent of a gay, lesbian or trans child often imagines her or himself to be relocated in the social structure, for society, or at least the society of such small and closely knit and vaguely religious communities will undoubtedly attribute blame.

My mother is a woman with melodramatic tendencies. What is significant is that her shame simultaneously prefigures and is prefigured by my shame, the shame she, as a moral subject who is filled with shame, believes I should feel above and beyond the shame that she is responding to: a shame that we might define as mine, the primary shameful experience voiced. By this mere one-hundred-and eighty-degree physical conversion, he becomes a subject. While these questions are rhetorical it is clear that the interruption, the interpellation in the normalised structure demands more for when I think of my mother and me we are both marked by language and the emotional impact of words in many different and often contradictory ways.

Insult, shame, anger, bitterness and love are therefore bound together as the condition of the interpellated stigmatised subject. Sometimes it is difficult to understand how love can accommodate shame, bitterness and anger but can I assure you dear friends it does. The piece follows the anti-ocular logic of Jean Luc Nancy and coins a new term Echostate that is intended to offer an alternative to static representational thinking. The main aim is to argue that the formation of materiality in digital environment is a sonic rather than a visual phenomenon.

Statements are more than abstract signs, they are operational performances that cohere with objects to create a kind of materiality that is repeatable and, melodic rhythmic and harmonious. They are not to be cited themselves as examples for fear of rendering them static, and creating empty signifiers.

Instead they must be recognised as modulating incessantly in a dispersed fashion that makes them difficult to tie down and to have representational meaning assigned to them. This is why they are so significant and powerful. They very definitely exist but not always in the way that we expect them to.

Statements move through objective space forming bonds with other statements to create conditions of possibility or frameworks, a kind of coherent space within which individuals become accustomed or attuned as to how to operate. Practices like discourses can be identified and analysed in order to make sense of the moment that we find ourselves in and to assess how it differs from previous moments as well as moments to come.

Practices are productive concatenations that have been constructed out of all manner of resources and which provide the basic intelligibility of the world: they are not therefore the properties of actors but of the practices themselves. Actions presuppose practices and not vice versa…as practices lose their place in a historical form of life, they may leave abandoned wreckage behind them which can then take on new life, generating new hybrids or simply leavings which still have resonance.

Foucault, The Archaeology of Knowledge, To understand such complex patterning and re-patterning requires a methodology that does not rely solely on visual stimuli. This ground is not present on the visual register. It is not an echo of the past. On the contrary: through the brilliance of an image, the distant past resounds with echoes, and it is hard to know at what depth these echoes will reverberate and die away.

Such a generic taxonomy of statements would be so busy allotting phenomena to their rightful place that it would miss the formation of new discourses as statements moved out of view or as they morphed within and between strict categories. In contrast to this the argument is made here that the usefulness of such pursuits is to open up, as Foucault has done, avenues of exploration into social and political formations that are themselves not indifferent or immune to artistic expression.

So established circuits of knowledge in relation to art and other supposedly less creative practices only tell part of any story. But the point is not to separate them off from one another but to recognize the constant interplay between them. Identifying such formations is what Foucault does and it is a process that can be further attuned by the introduction of the sonic so that the dispersed invisibility of arrangements, their stealth, does not render them inaccessible and therefore beyond critique.

When obscured by shadows statements may still be heard. Adorno knew this, and Attali still does, but they both have clung to a dialectical approach to some degree. Beginning with the question of representation as a field of philosophical inquiry that impacts directly on the ways in which contemporary mediated environments are understood, sonority is presented here as non-representational and as embodying movement. For a longer discussion on movement as a leitmotif of non-representational theory, please see: Thrift, Non-Representational Theory, 5ff.

It is emitted and returned as it spreads. Levels of reality are unfolded in a manner that suggests only a theoretical conception of Being. All that can be known is quantitatively present and visible. That which cannot be seen can never be known in any meaningful sense.

And it is a system of thought that works, it is reliable and we have grown accustomed to it. But it is also limited. It leaves out much of the important information or is simply incapable of mediating the intensity of feeling that may be present yet difficult to communicate. It is a space where possibilities we run the risk of missing something. The sound of science has emanated from the west and has resounded in the East before rebounding as an echo of vindication, reflected; self congratulatory and isomorphic.

Don Hide. Such a proposal takes us into the realm of the invisible or the not so visible world of shadows where contemplation rather than a gazing upon, prevail. In fact our conception of physics itself, and even the principles of chemistry, would probably differ from that of Westerners; and the facts we are now taught concerning the nature and function of light, electricity, and atoms might well have presented themselves in different form.

The emphasis on light and vision and observation impacts on all aspects of scientific, artistic and cultural life and has even imposed itself as statement, or an echo of a statement echostate where contrary conditions of possibility existed but failed to take or keep hold. Tanizaki goes on to say: I would go further and say that it is to be meditated upon, a kind of silent music evoked by the combination of lacquerware and the light of the candle flickering in the dark.

If embraced it can prompt a revealing. Always the destining of revealing holds complete sway over man. But that destining is never a fate that compels. For man becomes truly free only insofar as he belongs to the realm of destining and so becomes one who listens and hears, and not one who is simply constrained to obey.

Music for both Schopenhauer and Nietzsche operates on an existential plane or in a parallel world where different rules apply and where alternative realities lie. For Foucault the formation of discourses and their constituent parts are not conveniently and quantifiably visible; they cannot be simply mapped in gridded space that is absolute and static. Rather their movement must be tracked across relative space in all its multidimensional forms.

As Jean Luc Nancy states: Tanizaki, In Praise of Shadows, The sonorous, on the other hand, outweighs form. It does not dissolve it, but rather enlarges it; it gives it an amplitude, a density and a vibration or an undulation whose outline never does anything but approach. The visual persists until its disappearance; the sonorous appears and fades away into its permanence.

In this respect they are qualitative not quantitative. Edward S. The patterns may not be neat, may not follow strict tonal logic, they may not even be patterns that are recognizable in any conventional sense, not ordered according to received notions of difference or similarity, not present in the corridors of power, not attributable to single individuals, not part of a consensual understanding. Yet they are there and they should be understood as being there without having to provide locational evidence.

They are capable of evading such techniques and might only be knowable via recourse to, or a drawing upon, the sonic, acoustic, poetic realm of the artist as creative practitioner in multiple fields who can create a necessary anti-environment. Yet the idea of the artist itself may need some considerable rethinking.

Yet philosophy thought it had done Heidegger prioritises language in The Question Concerning Technology to the extent that the materiality of the environment in which linguistic practices take place are marginalised. Foucault may also be guilty of this. It was no longer a question of starting or finishing. The question was rather, what happens in between? This involves engaging with sometimes invisible discursive formations or arrangements, statements that are neither compresent or tethered, that operate not in a Platonic transcendent or theoretical realm but in an immanent sensory one.

Not only words and things and the causal relationship in either direction, but the intercausal relationship back and forth. Visibilities Deleuze tells us, must be found in things and the way in which we do this is crucial: it is the finding that is important here as a process. For finding implies something is hidden or not immediately present. The way this is and has been done can be seen in archives that are themselves audio-visual as language lights up what it is we see and what we see gives rise to language formations in many new forms.

Never stationary but always fluid. Deleuze, Negotiations , Gilles Deleuze and Felix Guattari, F. This problem is shown to be structural, deriving from the essentially architectonic logic of dialectics, and connected to language at a fundamental level.

However, Babel is a strange symbol for teleological unity considering that, according to myth, its construction was never completed, and the project resulted in the confounding of tongues whereby a people who had previously had one language could no longer understand one another, and were scattered across the earth.

Knox Oxford: The Clarendon Press, , This problem is structural, deriving from the essentially architectonic logic of dialectics, and connected to language at a fundamental level. It is therefore able to make visible essential thoughts that are universal in nature. The symbolic names the first of three aesthetic moments, which each of the five particular arts passes through in the development of aesthetics. Through the dialectical movement of the Aufhebung, the symbolic is 4.

This article is extracted from my doctoral research, which is concerned with articulating a non-essential ontology of community. As such, art is incorporated into spirit as it progresses to fully-formed Universal Reason. The movement of the Aufhebung preserves what it supersedes, allowing the origin to reappear as a foundation in each successive stage of dialectical development. Miller Oxford: Oxford University Press, , - However, the distinction between internality and externality, means and ends, is continually called into question throughout this foundational section of the text.

Sculpture follows after architecture in the aesthetic telos, but serves as a controlling model for it. The structure is able to function ideologically as a pure symbol because its solidity gives it a homogeneous self-presence, ensuring that there is no risk of confusion between forms, between interiority and exteriority.

Hollier, 8. Hollier, 9. A relation can be seen between the homogeneous self-presence of the architectural symbol and the structure of the metaphysical subject. Jean-Luc Nancy proposes that thinking in terms of the subject as interiority is what thwarts a thinking of community, suggesting instead that beings be thought as surfaces that are constituted as they are exposed to the outside.

If the primary purpose of the Tower, and structures like it, is to function as a place of assembly, this would seem to make them precisely a means to an end which is external to that of beauty. And this was the very reason that the hut and the temple were disqualified from being categorised as aesthetic objects. The aim of constituting human community seems to take precedence over the properly aesthetic aspect of the symbol, even in the chapter in which Hegel describes what corresponds to the purest form of symbolism in art.

And this confusion continues-throughout the section on symbolic architecture, the result of the process is presupposed as a requirement for its beginning. This produces a kind of circular agitation, which is what makes it so difficult for Hegel to locate a stable origin.

All of which suggests that the paradox, rather than dialectical negation serves as a foundation for this architecture. Hollier,

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The enormous popularity of the left-wing comic books by Gerhard Seyfried "Where should it all end? In , the then shareholders sold their shares to the Sabine Groenewold publishers in Hamburg. The publishing house moved from Berlin to Hamburg and the collective was dissolved. Only a few employees followed the publishing house to Hamburg. In the Sabine Groenewold publishers were dissolved; The Rotbuch-Verlag was converted into a pure fiction publishing house in and went to the European Publishing House.

At the beginning of the Eulenspiegel publishing group from Berlin took over the Rotbuch-Verlag. The headquarters of the publishing house was moved back to Berlin. The historical focus of the program, such as the current-critical non-fiction book , sophisticated German crime novels and distinctive fiction , were newly installed and expanded.

As part of this structuring in accordance with the publisher's roots, the red calendar against gray everyday life was taken back into the program and the publisher's crime series was reissued. Today the publishing house is run independently and independently. Rotbuch Verlag has entered into a strategic sales alliance with Eulenspiegel Verlagsgruppe to maintain this status. With the crime series, which was founded by Gabriele Dietze at Rotbuch Verlag in the mids , the spectrum of the publishing house expanded.

Wolf Wagner. Vanderbeke , Birgit. Deaver , Jeffrey. Block , Lawrence. Cohen , Robert. Charles Lewinsky [Lewinsky , Charles]. Charyn , Jerome. Honderich , Ted. Juretzka , Joerg. Jesper Bengtsson. Naber , Sabina.

Lee , Felix. Sonya Winterberg. Dorn , Thea. Callenbach , Ernest. Birgit Vanderbeke [Vanderbeke , Birgit]. Alef , Rob. Bengtsson , Jesper. Zaimoglu , Feridun [Zaimoglu , Feridun]. Karnofsky , Eva. Ditfurth , Jutta. Doma , Akos.

Deaver , Jeffery. Ebertowski , Juergen. Birgit , Vanderbecke. Create a new ZAlert. ZAlerts allow you to be notified by email about the availability of new books according to your search query. A search query can be a title of the book, a name of the author, ISBN or anything else.

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As part of this structuring in accordance with the publisher's roots, the red calendar against gray everyday life was taken back into the program and the publisher's crime series was reissued. Today the publishing house is run independently and independently. Rotbuch Verlag has entered into a strategic sales alliance with Eulenspiegel Verlagsgruppe to maintain this status. With the crime series, which was founded by Gabriele Dietze at Rotbuch Verlag in the mids , the spectrum of the publishing house expanded.

The publisher also publishes international and German newcomers, among others, and is characterized by its particularly idiosyncratic progressive style. The publisher was able to win a total of ten German crime prizes. This was a paperback series of Pulp crime novels. The pocket calendar Red Calendar was also published by Rotbuch against gray everyday life. This was reissued and continued after being taken over by the Eulenspiegel publishing group in autumn Source Authors.

Previous article Next article. Cookie-policy To contact us: mail to admin zxc. We look forward to cooperate with you! Please refrain from emailing if you are not familiar with this topic. Thank you! Search options. Exact matching. Rotbuch Verlag. Gerhard Seyfried. Your tags:. Zaimoglu Feridun. Guthrie , Allan. Faust , Christa. Bruen , Ken , Starr , Jason. Rotbuch Verlag, Berlin. Westlake , Donald E. Wolf Wagner.

Vanderbeke , Birgit. Deaver , Jeffrey. Block , Lawrence. Cohen , Robert. Charles Lewinsky [Lewinsky , Charles]. Charyn , Jerome. Honderich , Ted. Juretzka , Joerg. Jesper Bengtsson. Naber , Sabina. Lee , Felix.

Sonya Winterberg. Dorn , Thea. Callenbach , Ernest. Birgit Vanderbeke [Vanderbeke , Birgit]. Alef , Rob.

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