OUR GOOD DAEMONS

Aside

OUR GOOD DAEMONS

The most dominant element of good laws and of the sustainability of the regime is the disposition (moral attitude) of the establishment, as well as of the subjects, the mentality that is with which power is exercised in mirroring the mentality with which this exercise of power is acceptable by the people. The first is a defining factor, but the second is also a dominant element.

Aristotle writes in Politics (1279a 25): “But in as much as constitution and regime means the same and the regime is the supreme power in the state, and this must be either a single ruler or a few or the many or the mass of the citizens, in cases when the one or the few or the many govern with an eye to the common interest, these constitutions must necessarily be right ones, while those administered with an eye to the private interest of either the one or the few or the multitude are deviations.

Here we have the establishment, those who enact the laws on the one side and the subjects, those persons who follow the laws on the other. Among the subjects we have those who follow the laws without enjoining, and also those who follow the laws fearing the sanctions. When non-enjoined followers are many, while enjoined followers are few the disturbance of legal order becomes harder. This disposition of non-enjoined followers is one of the good daemons which protect the state. The other disposition is that of the rulers expressed in the words ruling for the common interest; this disposition exists when the rulers’ ambition and objective is the fair exercise of power.

As much as anarchy proves non-viable owing to the nature of society the need arises for the presence of an establishment and of a subject. For the creation and maintenance of legal order, the establishment must be free from the element of high-handed, arbitrary acts. High-handedness exists when the establishment does not respect the constitutional order and the laws which she enacts and violates them first while she subdues the subject to its vices, without safeguarding that such obedience on the part of the subject confers any security to the same once the lawful and unlawful depend on the unchecked whim of the establishment. In this instance we have wicked laws.

In the case of Prometheus, his effort was turned towards obliging the establishment to realize that without respecting the subject, it is not possible to expect the respect of the subject towards her. Prometheus made it possible to help Zeus, by helping man to create the balance of mutual respect between the establishment and the subject. This balance of respect between the establishment and the subject is a basic ingredient when we come to live within a human society.

Mutual respect is the third good daemon and the composing together of the former two which exist and are found in the good government of a society.

*See Angelos Vlachos. Athenian Constitution, Page 57.

Develop Your Power

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Develop Your Power – A Poem by Argyro Toumazou

“Develop Your Power

Create – don’t react

Your thoughts are real powers

Your mind is a transmitter

You broadcast your thoughts

Your mind is a receiver

You receive ideas from all directions

You attract with magnetism

You retain the good magnets

You have a tower of control

You uphold your mind mechanism

Now you know all the laws

Of the thought and of the mind

All the gain is all yours

All the loss you scatter away

Your watchman at the gate

Guards you from mistaken impressions

You are a successful man

You have a successful woman

You cultivate your mind

You achieve your targets

You always think abundance

You express abundance

You keep from going backward

You always keep going forward

You are perfect and strong

You are loving and happy”

 

Argyro Toumazou

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Update 2014-08

Talks And Negotiations

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TALKS AND NEGOTIATIONS IN CYPRUS

1964-2014

Certain terms reverberate constantly around us for more than half a century and have become part and parcel of the vocabulary to which we are accustomed.

We often find them parochial or anecdotal, but still they bring to us an air of comfort and hope. Such is their power and utility, when we hear of ‘inter-communal talks’ or of ‘negotiations’ aiming at ‘a solution of the Cyprus problem’.

This article does not attempt to bring any more hope or hopelessness to a bleak state of affairs or ‘status quo’ but simply examines this issue from a different point of view.

We all seem to know very well what ‘talks’ and ‘negotiations’ are for us, and indeed we take them for granted. One little glimpse into this matter informs us that in reaching an agreement we pass through a number negotiation stages.

Let us start with the first stage. Here we have a preliminary stage. At this stage, there is no pro-contractual bond between the parties, but the parties are not completely alien to each other. They find themselves in a trust relationship.

In view of this relationship, a spirit of solidarity should prevail. The parties are bound to good faith behaviour between them. More specifically, in case of an offence during the negotiations known as ‘culpa in contrahendo’ the party causing damage is liable to rectify this damage. Pro-contractual responsibility is different from a binding proposal.

The Second stage: The preliminary stage comes to an end when a contract is made or when a preliminary agreement is reached.

First, by a preliminary agreement the parties undertake bi-laterally or unilaterally to make a future agreement containing a contract, which will be the final contract, either between them and/or between them and a third party.

Second, a preliminary agreement is different from an option.

The Third stage: The contractual point begins from the moment of reaching an agreement up to the moment of amortization of the contract.

The Fourth stage: The post-contractual stage comes last, in cases in which there are certain obligations between the parties emanating from the contract already implemented between them.

When negotiation is aiming to a compromise contract, as this has been admitted and declared repeatedly for the Cyprus problem, we must not forget that “by a compromise contract the parties dissolve by mutual concessions a dispute or uncertainty between them regarding a relationship governed by law.”

We should also not lose sight of the fact that compromise comprises rights the parties can dispose under ‘ius dispositivum’. Rights protected by public order rules are not liable to disposal as such. E.g. in the case of personality and property, we have absolute rights which everyone owes to recognize and to respect.

Even committing a suicide is not admissible, as life is an absolute right. After the legal abolition of servitude, resigning from the right of judicial protection, property and inheritance is not compatible with the notion of liberty.

Please see the enactment of the relevant law in Cyprus enforced as from 27 December 1879, Cap. 71.

Contract of Adhesion: In this type of contract the content of the contract as well as the terms provided therein do not emanate from liberal negotiations between the parties as equals. The terms of such a contract are set out in the form of general transaction terms unilaterally and beforehand in a stereotype text by the socially and economically stronger party, while the weaker party accepts or rejects in one word without having any margin to discuss or amend such terms.

In such cases, it is admitted that at least in theory the acceding party knows these terms at the decision making stage, when signing the contract, or paying for the ticket or coupon, as regards transport, theater and other services of similar nature.