An interesting constellation …, or: anything goes

(well, anything though surely no slide-presentation-simplification)

A colleague in Turkey had been

charged with “propagandizing for a terrorist organization” (Article No. 7/2 of Turkey’s Anti-Terror Law No. 3713) for signing the Academics for Peace statement “We will not be a party to this crime”. The statement criticized military actions in the Kurdish regions of Turkey and called for international observers to monitor the situation in place.

The colleague had been charged, and confronted with a “choice”: accepting being sentenced, with this admitting that the political activism had been a criminal verdict – then being “gratified” with the suspension of the sentence – the alternative: appealing and going to jail if the appeal is rejected.

Looking at it as matter of human rights, the case grasps attention on this/such case as it is the state who hinders the citizen to express a personal opinion – other issues may be raised.The human rights issue is about the fact, that HR emerged especially (if not only) as matter of protecting citizens (thought as being  “global”, though implicitly “private”) against arbitrariness of the state.

So far, so good. Only now comes the interesting part.The message – and call for action – came from the UK, currently also known as BREXITUK and had been sent by a colleague, using the university office mail at the

University of [… ] which is a charity and company limited by guarantee, registered in England (reg.no …)

Hesitation: First, I simply thought “a university”

Second thought (not the first time though): uni as charity sounds strange – education as charity, doing good. Doing so but to and for whom in whose name?

charity (n.)
late Old English, “benevolence for the poor,” also “Christian love in its highest manifestation,” from Old French charité “(Christian) charity, mercy, compassion; alms ….caritas by ‘charity.’ But the 16th c. Eng. versions from …

Doesn’t it say in Mathew 5.3.

“Blessed are the poor in spirit, for theirs is the kingdom of heaven.

Well, this opening for other field . I will have a go for that in another occasion …

https://www. aier.org/sites/default/files/Files/Images/Blog/9270/complexity.jpg

For here and now, adding to the puzzlement: does it mean a private body, engaging something like “spirit of general interest”, benevolent to society by providing education. This is actually a tricky one (yes, sloooooooooww reading, more thinking): it easily entails

  • the public, commonly understood as “statutory”, provided by the state, is not providing what it should provide, thus some other instance has to do it

or

  • The public cannot look after itself, thus an “instance from outside”, e.g. a benevolent “private”

Or it is

  • possibly “benevolence” itself the public and finally becoming true (well, for the philosophers, of course, a bit of Hegel’s cunning of reason and the absolute idea)?

Now, down to earth, nearly trivial, my question was and is: are (those) universities public institutions or not. Later I met Jeremy, how is fearing about the future of his home [he is European] as the Brexiters want to take it off him [well, their name does not say it clearly: they are Brits = they do not want to leave Britain but that want Britain to leave]) and asked him –  he confirmed that nearly all British universities are public.
Part of the exact definition of these universities is then, institutionally and legally that in this case we are dealing with a body that is

“registered as a higher education provider with the Office for Students (OfS) and is subject to the OfS Regulatory Framework. The OfS is also the University’s principal regulator for charity law purposes on behalf of the Charity Commission for England and Wales.”

Is then the OfS the public and who/what is it? Possibly a kind of council, or “soviet” to use another term?

So, coming back to the HR-issue: Having stated

The human rights issue is about the fact, that HR emerged especially (if not only) as matter of protecting citizens (thought as being  “global”, though implicitly “private”) against arbitrariness of the state.

it now means that one state (to be more precise: an institution from one state, or even more precise: somebody working in a representative position of one institution of one state has to stand ups against one the breach of HR by another state.Did I say by another state? Well, more precision would suggestBreach of HR by one person (Erdogan) who claims that he represents the state – as the public – and can thus oblige every citizen to accept those rules, even if they are finally private rules in the sense of the rules an individual defines …

Still to be added: representing in the one case means “speaking for”, in the other case it claims to mean “to be”. ‘L’État, c’est moi’

At the end it surely still remains a lot to be clarified, and even to be formulated as question. I suppose it is a challenge I may pass on to my new students, when commencing teaching next week

Company, business, work

at the Berlin School of Economics and Law.

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