Academicus International Scientific Journal

9-32

Authors: Franco Ferrarot

The author contends that any contestation or countercultural movement, no matter how generous, is bound to failure unless it develops as a rational project. Violence, as such, might help visibility, but, in the last analysis, it amounts to nothing more than self-gratifying narcissism, incapable to produce positive results, even less to satisfy the request of present day youth for a different, more open society.

45-60

Authors: Agathi Nano

By decision no. 32 of 2015, “On the establishment of a special parliamentary commission for the implementation of the issues in the resolution on the agreement between the majority and the opposition in the Albanian Parliament” was approved the establishment of a special parliamentary commission for the implementation of the resolution1 adopted on 24 December 2014, which, among other things, foresaw the commitment of the parties involved to work together with consensus, supported by the European Union, on the issue of individuals with criminal records, who hold a public post or seek to be elected or appointed to one, based on European standards and the assistance of the Venice Commission. On 17 December 2015, Members of the Albanian Parliament adopt by consensus the constitutional amendments and legislative framework which are necessary to introduce in our country a clear mechanism for the exclusion of criminal offenders from public offices. In this paper we examine regulatory issues relating to the legal framework necessary to guarantee the integrity of public officials, the verification and ascertainment of the prohibition of exercising public functions and the implementation of the prohibitive measures provided for by law no. 138/2015 “On guaranteeing the integrity of the persons elected and/or appointed to, or exercising public functions”, the so called “decriminalisation” law.

69-87

Authors: Gentjan Skara

This paper analyses EULEX mission in Kosovo (hereafter EULEX) as an exporter of rule of law. From the deployment of the mission, two mainstream discourses have coined the effectiveness of EULEX establishing the rule of law in Kosovo. From the Brussels point of view, EULEX has marked a lot of progress in promoting the rule of law in Kosovo. On the other hand, based on international indexes and other secondary sources, EULEX has been harshly criticised to deliver its promises in strengthening the rule of law institutions, fighting organised crime, war crimes and reducing corruption. Beyond these discourses, the paper tries to explore whether, how and to what extent, EULEX has promoted rule of law in Kosovo. The paper argues that EULEX has failed to promote rule of law in Kosovo due to 1) the costs of adaptation or compliance as function of the misfit between EULEX institutional approach on rule of law and domestic conditions and 2) incapacity of Kosovo rule of law institutions to interact with EULEX in strengthening the rule of law as a result of political interference on judiciary and police sector.

105-112

Authors: Michele Marsonet

To understand the significance of a pragmatist stance in this matter we must address a basic question: which kind of evolution are we referring to when talking of “evolutionary epistemology”? If we take evolution to be an undifferentiated concept, such that no useful distinction can be found in it, we are on a wrong track. The evolutionary “pattern” is certainly one, but this should not lead us to assume that the specific characteristics of mankind must be left out of the picture, either because they are not important or because no specifically human characteristic is admitted. Nicholas Rescher’s evolutionary framework, for example, is instead pluralistic and multi-sided. It is worth noting how and why Rescher’s evolutionary epistemology differs from the one delineated in a famous book by Karl Popper. The Austrian-born philosopher based his approach on the “random conjectures and refutation” model. A scientist, for example, faces the problem of explaining nature’s doings by one of the endlessly many hypotheses that he has at his disposal. Subsequently he chooses to endorse a conjecture from this infinite range, and the testing itself, via falsification, furnishes the necessary selection. According to Popper’s picture we have, in sum, a sort of blind and random mechanism: his “trial-and-error” search procedure. Rescher’s opinion about this issue is that, on such Popperian grounds, scientific progress becomes more or less inexplicable. In particular, the success in providing explanatory theories that perform well in prediction and the guidance of applications in a complex world is now an accident of virtually miracolous proportions.

122-132

Authors: Davide Crimi

Through three capital questions, this short essay tries to offer a general panorama and a better understanding of the proteiform complex body or Masonry. Through by a multi-level hermeneutic, this study get the ambition to be comprehensible both to Readers who are not used to this kind of literature and to the ones advanced and skilled in symbolic thought. The main important conclusion owes the quality of the symbolic level, which is the property to refuse a single interpretation: notwithstanding, this does not prevent from a clear historical and political evaluation of the phenomena under analysis, according the methodologies of social sciences. This political evaluability drives to the main valuable output of the essay, which concerns the anthropological statement that the logical label of Masonry, with this name or many others, it exists since always. Under the category of initiatory institution, we may consider the step between individual and society, and a society inside a larger one. Evolving from the needs of the individuals to the ones of social groups, the matter joins to the land of political sciences. The sociological meaning can be posed under analytic view in reason of the functionalist meaning emerging from the alternative couples status-quo/emancipation and conservatism/progressivism. Through by this perspective, anyway the theme seems not to reveal much more, because this “proteiform complex body” manifest itself as something too much complex in its inner core to be considered in a way or in another. What remains is strictly symbolic, with some theological and eschatological points that refuse to be posed under restrain.

14-27

Authors: Maria Immacolata Maciot, Arta Musaraj

Multiculturalism and the new multi religious social realities are becoming dominant dimensions of today’s world. The huge changes in the social tissue of those societies, which up to now had an established dominant culture and religious affiliation, made them now face more than the effects of migrant flows, which inevitably causes confrontations of cultures and believes. The clash of civilizations, which have been so accurately predicted, took different forms of confrontation by giving floor to extremism into its organized form: an explosion of terrorism. By considering the strong connections between poverty and lack of education as an extremism cradle, many researchers consider the inclusion of the subjects related to the history and culture of religions as a strategy to reduce cultural and religious conflict as well as extremist behavior and the bases of terrorism, by increasing information and knowledge about religion starting from early teen years. Albania, a country known for its religious tolerance, is one of those countries which’ decision makers in education actually share this point of view and is going to start a project by including a module of limited hours of teaching in medium and high school students. The paper makes an analysis of the potential effects this might have considering its application related to the initial purposes of the project, by introducing the case of Italy and its strategy of religious education over the years as a comparative tool in order to analyze and predict the potential outcomes of this intent, by considering the national background of Albania and some specific learning traits and outcomes on such topics related to age and cultural set up.

47-57

Authors: Michele Marsonet

Globalization entails the increasing volume, velocity and importance of flows within and across borders of people, ideas, goods, money, and much else, thus challenging one of sovereignty’s basic principles: the ability to control what crosses borders in either direction. Sovereign States increasingly measure their vulnerability not to one another, but to forces beyond their control. Necessity may also lead to reducing or even eliminating sovereignty when a government, whether from a lack of capacity or conscious policy, is unable to provide for the basic needs of its citizens. This reflects a view that state failure and genocide can lead to destabilizing refugee flows and create openings for terrorists to take root. Globalization is frequently discussed as a counterpoint to national sovereignty. It is commonly asserted that globalization has eroded national sovereignty or that it has rendered borders obsolete. In particular, it is asserted that, in a globalized world economy, governments have no alternative but to adopt neoliberal economic policies of privatization, deregulation and reductions in public expenditure. However, in the contest between social democracy and neoliberal globalization, the nation—state per se is only marginally relevant. The crucial issue is whether policy will respond to the wishes of a democratic electorate, or be tightly constrained by the ‘Golden Straightjacket’ of international financial markets.

80-90

Authors: Sali Shehu

The following material will focus initially on determining the concept of consensus, as defined by different scholars and different philosophical beliefs, role played by consensus in the establishment and functioning of the rule of law, in operation of international organizations, such as the UN, NATO and the EU. Also, we will discuss briefly the role of consensus in the process of running and organization of these organizations and functioning of the structures of national security in the process of making important decisions, in achieving the standards for Euro-Atlantic integration, and in the closing of this paper we will provide some conclusions which might be of some help in contributing, even theoretically, in the establishment, consolidation and strengthening of the national security structure. Finally, the conclusion part of this paper is thought to offer some recommendations, as well. Of course, due to the scope of this paper, the recommendations are being addressed to the political class, as an attempt to encourage it to use consensus in all areas of its activity.

122-135

Authors: Albana Gërxhi

This article presents and analyses the postconflict peacebuilding actions in Kosovo. It aims to bring a picture of external and internal actors involved in such a process from the end of the conflict up to date. The article challenges peace process in Kosovo through the issues emerging in the Society due to the unsettled status enduring as of Security Council Resolution 1244. It is structured into three sections. The first section analyses the postconflict peacebuilding and statebuilding actions undertaken by external and internal actors right after the conflict. The second section deals with the issue of transitional justice as a key element on peacebuilding and how it was addressed. Whereas the third section analyses the current situation of the population with the issues inherited from the conflict and others emerged due to undefined actions of external and internal actors.

151-157

Authors: Kaltrina Zekolli

The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve that, are the institutions of justice, rather the courts. Courts are competent to find the right path towards the truth applying different methods with intention to satisfy the justice. In this paper special attention we dedicated to the method of open assessment of proofs in litigation, that in fact is the subject of this research.

166-183

Authors: Terfa T. Alakali,Hemen Philip Faga, Jinatu Mbursa

This paper examined the phenomenon of hate speech and foul language on social media platforms in Nigeria, and assessed their moral and legal consequences in the society and to journalism practice. It used both quantitative and qualitative methodology to investigate the phenomenon. In the first place, the paper employed the survey research methodology to sample 384 respondents using questionnaire and focus group discussion as instruments for data collection. Findings from the research indicate that promoting hate speech and foul language on social media have moral and legal consequences in the society and to journalism practice. Findings also show that although, the respondents understand that hate speech and foul language attract legal consequences, they do not know what obligations are created by law against perpetrators of hate speech and foul language in Nigeria. The paper therefore, adopted the qualitative, doctrinal and analytical methodology to discuss the legal consequences and obligations created against perpetrators of hate speech and foul language in Nigeria. The paper concluded based on the findings that hate speech and foul language is prevalent on social media platforms in Nigeria and that there are adequate legal provisions to curb the phenomenon in Nigeria. It recommends among others things that the Nigerian government and NGOs should sponsor monitoring projects like the UMATI in Kenya to better understand the use of hate speech and that monitoring agencies set up under the legal regime should adopt mechanisms to identify and remove hate speech content on social media platforms in Nigeria.