OUR GOOD DAEMONS

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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.

Civil Society

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(EN) Our Civil Society

Our Civil Society begins around the year 1500 BC with the advent of the Myceneans to Cyprus. The Myceneans brought their language, customs and religion. The Achaeans followed bringing to the island their priests, oracles, gods, altars, epic poetry and city-states. Salamis, Kitium, Amathus, Akamas, Marion, Aepia, and Idalion are paid lip service in 12th century BC inscription in Egypt.

The independence of the city-states suffered its first infringement under Ptolemy with the establishment of the Koinon, the first federal system of government in Cyprus in the year 294 BC. Under the Koinon, the city-states continued to have their parliament, demos (assembly of citizens), secretary and Gymnasium Principal. The Koinonwas invested with religious duties and the jurisdiction to cut coins. This federal form of government persisted after the demise of Antony and Cleopatra in the year 31 BC when Cyprus became officially a province of the Roman Empire, initially under the Emperor and later under the Roman Senate, and lasted throughout the Principate period retaining a genuine civil form of governance and lifestyle. In the Domination era, civil society had its first setbacks undergoing a gradual conversion due to the slow but inevitable predominance of the Christian religion.

As in other parts of the Roman Empire, first during the Domination years ending in the year 565 AD, and second during the Byzantine period Cyprus enjoyed a diminished form of civil society preserved under the Theodosian and Justinian Code of Civil Law, later given the name Corpus luris Civilis. Ever since the 4th century AD Cyprus enjoined a dichotomy of powers divided into secular and temporal, the first carried out by virtue of a Civil Code.

The latest version of the Civil Code had been compiled in the 15th century AD in Six Books, by Armenopoulos, governing secular matters. Temporal matters were vested exclusively in the autocephalous church of Cyprus by virtue of the Holy Canons and its Charter for the Greeks. A second temporal power emerged in 1570 AD solemnly declared by Lala Mustafa Pasha on 15th September in Hagia Sophia establishing the Vakf Institution and Vakf Principles and Laws for the Turkish Community immediately after the sacking of Nicosia. Both Temporal powers are in force under the provisions of the 1960 Constitution.

Civil Society, however, suffered a further degradation, due to the tacit circumvention of civil rights and liberties in the mid-1950s, mid-1960s and finally in the mid-1970s being the outcome of hostilities between the two communities. Civil rights had never been taken seriously in Cyprus ever since the Principate times came to an end, and reference to them today implies merely gay rights.

 

(ES) NUESTRA SOCIEDAD CIVIL

Nuestra Sociedad Civil comienza alrededor del año 1500 a.C., con la llegada de los micénicos a Chipre. Los micénicos trajeron su idioma, las costumbres y la religión. Los aqueos siguieron trayendo a la isla a sus sacerdotes, oráculos, dioses, altares, la poesía épica y ciudades-estado. Salamina, Kitium, Amathus, Akamas, Marion, AEPIA y Idalion se pagan de boquilla en la inscripción del siglo 12 antes de Cristo en Egipto. La independencia de las ciudades-estado sufrió su primera infracción en las Ptolomeo con el establecimiento de la Koinon, el primer sistema federal de gobierno en Chipre en el año 294 antes de Cristo. Bajo el Koinon, las ciudades-estado sigue teniendo su parlamento, demos (asamblea de ciudadanos), secretario y Gimnasio Principal. El Koinon fue investido con los deberes religiosos y la jurisdicción para cortar monedas.

Esta forma de gobierno federal persistió después de la desaparición de Antonio y Cleopatra en el año 31 a.C., cuando Chipre se convirtió oficialmente en una provincia del Imperio Romano, inicialmente bajo el emperador y más tarde bajo el senado romano, y se prolongó durante todo el período de retención de un auténtico principado civil, forma de gobierno y estilo de vida. En la era de la dominación, la sociedad civil tuvo sus primeros reveses sometidos a una conversión gradual debido al predominio lento pero inevitable de la religión cristiana. Al igual que en otras partes del Imperio Romano, primero durante los años de dominación que terminan en el año 565 d.C., y la segunda durante el período bizantino Chipre gozó de una forma disminuida de la sociedad civil conservado bajo el Código de Derecho Civil de Teodosio y Justiniano, más tarde recibió el nombre de Corpus Iuris Civilis (ClC).

Desde el siglo 4 d.C. Chipre impuso una dicotomía de poderes divididos en secular y temporal, el primero que se realiza en virtud de un Código Civil. La última versión del Código Civil había sido compilada en el siglo 15 d.C., en seis libros, por Armenopoulos, gobernando mater seculares. Asuntos temporales fueron investidos exclusivamente en la Iglesia autocéfala de Chipre en virtud de la Santa Cánones y su Carta para los griegos. Un segundo poder temporal surgió en 1570 AD declaró solemnemente por Lala Mustafa Pasha el 15 de septiembre en la iglesia de Santa Sofía se establecen los principios y leyes Vakf Institución y Vakf para la comunidad turca inmediatamente después del saqueo de Nicosia. Ambos poderes temporales están en vigor en virtud de lo dispuesto en la Constitución de 1960.

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.

In the Streets of New City (Down Town City)

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A story about true skills

Around 1999 I happened to work in the same department with the late Patrick Smith*. Patrick was endowed with rare mathematical abilities. He could work out all sorts of programs with spread sheet analysis. For some strange reason, the director did not like him and started treating him in a quite odious manner.

He first took away his schedule of duties and transferred it to someone else. Next he moved away his secretary to the pool. After that he took away the office computer leaving him without access to the eMcEaR* data.

All these left Patrick with much less to do and with spare time. Patrick brought his own laptop with him in the office and concentrated his attention the stock exchange technical analysis.

A few weeks later, he invited me for lunch, as he managed to gain around ₤75.000 (USD 125.000 | EUR 100.000) in London and New York. The following week, I met Pamela*, one of the eMcEaR staff in the corridor.

– My boss invited me for lunch today, she announced to me. – He made gains from buying and selling shares in the Stock Exchange, she went on.

– Who is your boss? I asked her. – Patrick, she replied. – Enjoy your lunch, I said.

Then Patrick appeared in his way to the officers’ mess accompanied by Armand Andrews*. He invited me again for lunch. – No thank you, you offered me a lunch last week. Armand heard the conversation. He said to me: “no this week Patrick made new gains, so do join us for lunch.” I could not join the free lunch.

In the meantime, I had realized that taking away Patrick’s schedule of duties was unconstitutional, under article 127.3 of the constitution, which bids as follows: “The powers, functions and duties of the Accountant-General provided in this chapter may be exercised by him in person or by such subordinate officers acting under and in accordance with his instructions.”

This was so, because Patrick belonged to the ranks of the Accountant-General subordinates, while the new incumbent did not. Certainly, Patrick’s ill treatment and humiliation did not deter him from being successful.

However, this case is unique and a very rare exception. On the other hand, unconstitutionality, it did not concern him. He sat near the wall looking at the street backgrounds, reading a journal, featuring a brand new car.

A new sports vehicle for him and another automobile for his wife as you know were within the realms of this journal. He happened to know, they came from a different anecdote.

As now I am an author with my digital books on Kindle, I whole heartedly recommend to you to get them downloaded on your Kindle and practice the titles therein to help you develop your skills that give rise to chance and to take advantage of the chances that give rise to skill.

You may recommend the same link to your readers.

Please note:

(*) Any resemblance to living persons is purely coincidental and unintentional, and the real names were changed.