Supistamista, rationalisointia vai kehittämistä? : Valtiovarainministeriön järjestelyosaston järjestämän henkilöstökoulutus- ja tutkimustoiminnan rakentuminen osaksi valtionhallintoa vuosina 1943-1971

The study examines the personnel training and research activities carried out by the Organization and Methods Division of the Ministry of Finance and their becoming a part and parcel of the state administration in 1943-1971. The study is a combination of institutional and ideological historical research in recent history on adult education, using a constructionist approach. Material salient to the study comes from the files of the Organization and Methods Division in the National Archives, parliamentary documents, committee reports, and the magazines. The concentrated training and research activities arranged by the Organization and Methods Division, became a part and parcel of the state administration in the midst of controversial challenges and opportunities. They served to solve social problems which beset the state administration as well as contextual challenges besetting rationalization measures, and organizational challenges. The activities were also affected by a dependence on decision-makers, administrative units, and civil servants organizations, by different views on rationalization and the holistic nature of reforms, as well as by the formal theories that served as resources. It chose long-term projects which extended to the political decision-makers and administrative units turf, and which were intended to reform the structures of the state administration and to rationalize the practices of the administrative units. The crucial questions emerged in opposite pairs (a constitutional state vs. the ideology of an administratively governed state, a system of national boards vs. a system of government through ministries, efficiency of work vs. pleasantness of work, centralized vs. decentralized rationalization activities) which were not solvable problems but impossible questions with no ultimate answers. The aim and intent of the rationalization of the state administration (the reform of the central, provincial, and local governments) was to facilitate integrated management and to render a greater amount of work by approaching management procedures scientifically and by clarifying administrative instances and their respon-sibilities in regards to each other. The means resorted to were organizational studies and committee work. In the rationalization of office work and finance control, the idea was to effect savings in administrative costs and to pare down those costs as well as to rationalize and heighten those functions by developing the institution of work study practitioners in order to coordinate employer and employee relationships and benefits (the training of work study practitioners, work study, and a two-tier work study practitioner organization). A major part of the training meant teaching and implementing leadership skills in practice, which, in turn, meant that the learning environment was the genuine work community and efforts to change it. In office rationalization, the solution to regulate the relations between the employer and the employees was the co-existence of the technical and biological rationalization and the human resource administration and the accounting and planning systems at the turn of the 1960s and 1970s. The former were based on the school of scientific management and human relations, the latter on system thinking, which was a combination of the former two. In the rationalization of the state administration, efforts were made to find solutions to stabilize management ideologies and to arrange the relationships of administrative systems in administrative science - among other things, in the Hoover Committee and the Simon decision making theory, and, in the 1960s, in system thinking. Despite the development-related vocabulary, the practical work was advanced rationalization. It was said that the practical activities of both the state administration and the administrative units depended on professional managers who saw to production results and human relations. The pedagogic experts hired to develop training came up with a training system, based on the training-technological model where the training was made a function of its own. The State Training Center was established and the training office of the Organization and Methods Division became the leader and coordinator of personnel training.

Att tolka namn i tiden. Om det socioonomastiska greppet

Abstract (The socio-onomastic approach and translation): The article adopts an onomastic perspective on the translation, and highlights the challenges posed by the given names. The newer socio-onomastic research has drawn attention to the emotive, appealing, ideological and integrative functions of the names, showing strong links with both the period and with society. In the article this is exemplified with ship names from the nineteenth century, which partly reflect classicism (Argo, Hercules, Juno, Neptunus) and national romanticism (Aallotar, Aino, Sampo, Wellamo). A special challenge is posed by the transparent names that evoke the actual words used, such as Penningdraken ('Money Dragon'), a ship that brought big money, and Människoätaren ('The man killer'), a ship where many sailors lost their lives. Names raise time-bound and culture-bound associations and the translator should be able to interpret the names as an embodiment of the society and the culture from which they originate.

Topeliaaninen usko : Kirjailija Sakari Topelius uskontokasvattajana

ABSTRACT The author Zacharias Topelius as a religious educator The present study concerns the author Zacharias Topelius (1818-98) as a religious educator. The study´s main questions are as follows: What is the theological and pedagogical content of Topelius books and how is his religious instruction linked with the history of his time. The primary sources are his educational books Naturens bok (The Book of the Nature, 1856), Boken om vårt land (The Book of our Land, 1875) and Evangelium för Barnen (Gospel for Children, 1893), as well as his storybooks Läsning för barn I-VIII (Reading for Children I-VIII, 1865-96). The dissertation concerns the his-tory of religious education. Its primary method is background-based systematic analy-sis. In Topelius children s books the view of God is characterised both as an omnipresent spirit and as Providence, who guides world history according to his plan. In addition to Lutheranism this view is also influenced by Nationalism and Romanticism. The theological content of the books emphasises instruction in Christian life that is natural to normative children s books. Topelius strongly expresses the importance of a personal relationship to God, an idealistic Christian view of one s fellow man and of one s own nation as well as the value of nature conservation. The books of Topelius were some of the first educational works on nature preservation in Finland. The didactic quality of Topelius children s books was high for 19th century Finland. Their main emphasis in terms of educational goals is on civilisation (Bildung), self-awareness, national solidarity and living idealism. The pedagogical argumentation is mostly based on theological, historical, social and rational reasoning. The primary principles in Topelius teaching are Christian nationalism, idealistic harmony and the agrarian bourgeois. Christian nationalism is the main element of Topelius religious education. He considers the fatherland as a God-given project and the taking care of it as a part of holy service. Idealistic harmony is seen as the comprehensive development of one s character in the sense of romantic idealism. The agrarian bourgeois principle combines the Finnish peasant tradition with the values of 19th century modern bourgeois culture. I have named Topelius vision of religious education the Christian national project of civilisation (Bildung). Its main theses are home, religion and fatherland. The author himself strongly believed in this vision and never questioned it despite its national chauvinism and theological inconsistency. The religious ideology represented in Topelius educational works and storybooks was popular among pedagogues during the whole era of the Finnish folk school. It fit per-fectly with the Christian national discourse stemming from 19th century ideological ten-dencies. Due to their appropriate content combined with their practical language and pedagogical methods, the books were popular both at school and in the home for a long period of time. Therefore the books of Topelius aptly symbolise the religious education of their time and manifest their author s pedagogical talent as a national religious educator and as a populariser of Christian nationalism. Topelius books have had a lasting influence on Finnish religiosity. Key words: Topelius, theology, religion, education, nationalism and national project

Captured by conventions : On objectivity and factuality in international news agency discourse

The thesis explores the discourse of two global news agencies, the Associated Press (AP) and Reuters, which together with the French AFP are generally regarded as the world s leading news distributors. A glance at the guidelines given by AP and Reuters to their journalists shows that these two news agencies make a lot of effort to strive for objectivity the well-known journalistic ideal, which, however, is an almost indefinable concept. In journalism textbooks definitions of objectivity often contain various components: detachment, nonpartisanship, facticity, balance, etc. AP and Reuters, too, in their guidelines, present several other ideals besides objectivity , viz., reliability, accuracy, balance, freedom from bias, precise sourcing, reporting the truth, and so on. Other central concepts connected to objectivity are neutrality and impartiality. However, objectivity is, undoubtedly, the term that is most often mentioned when the ethics of journalism is discussed, acting as a kind of umbrella term for several related journalistic ideals. It can even encompass the other concept that is relevant for this study, that of factuality. These two intertwined concepts are extremely complex; paradoxically, it is easier to show evidence of the lack of objectivity or factuality than of their existence. I argue that when journalists conform to the deep-rooted conventions of objective news reporting, facts may be blurred, and the language becomes vague and ambiguous. As global distributors of news, AP and Reuters have had an influential role in creating and reinforcing conventions of (at least English-language) news writing. These conventions can be seen to work at various levels of news reporting: the ideological (e.g., defining what is regarded as newsworthy, or who is responsible), structural (e.g., the well-known inverted pyramid model), and stylistic (e.g., presupposing that in hard news reports, the journalist s voice should be backgrounded). On the basis of my case studies, I have found four central conventions to be worthy of closer examination: the conventional structure of news reports, the importance of newsworthiness, the tactics of impersonalisation which tends to blur news actors responsibility, and the routines of presenting emotions. My linguistic analyses draw mainly on M.A.K. Halliday s Systemic Functional Grammar, on notions of transitivity, ergativity, nominalisation and grammatical metaphor. The Appraisal framework, too, has provided useful tools for my analyses. The thesis includes six case studies dealing with the following topics: metaphors in political reporting, terrorism discourse, terrorism fears, emotions more generally, unnamed sources as rhetorical constructs, and responsibility in the convention of attribution.

Modern Societal Impulses and their Nordic Manifestations : On Emancipation and Constraint in Societal Development

The 1980s and the early 1990s have proved to be an important turning point in the history of the Nordic welfare states. After this breaking point, the Nordic social order has been built upon a new foundation. This study shows that the new order is mainly built upon new hierarchies and control mechanisms that have been developed consistently through economic and labour market policy measures. During the post-war period Nordic welfare states to an increasing extent created equality of opportunity and scope for agency among people. Public social services were available for all and the tax-benefit system maintained a level income distribution. During this golden era of Nordic welfare state, the scope for agency was, however, limited by social structures. Public institutions and law tended to categorize people according to their life circumstances ascribing them a predefined role. In the 1980s and 1990s this collectivist social order began to mature and it became subject to political renegotiation. Signs of a new social order in the Nordic countries have included the liberation of the financial markets, the privatizing of public functions and redefining the role of the public sector. It is now possible to reassess the ideological foundations of this new order. As a contrast to widely used political rhetoric, the foundation of the new order has not been the ideas of individual freedom or choice. Instead, the most important aim appears to have been to control and direct people to act in accordance with the rules of the market. The various levels of government and the social security system have been redirected to serve this goal. Instead of being a mechanism for redistributing income, the Nordic social security system has been geared towards creating new hierarchies on the Nordic labour markets. During the past decades, conditions for receiving income support and unemployment benefit have been tightened in all Nordic countries. As a consequence, people have been forced to accept deteriorating terms and conditions on the labour market. Country-specific variations exist, however: in sum Sweden has been most conservative, Denmark most innovative and Finland most radical in reforming labour market policy. The new hierarchies on the labour market have co-incided with slow or non-existent growth of real wages and with a strong growth of the share of capital income. Slow growth of real wages has kept inflation low and thus secured the value of capital. Societal development has thus progressed from equality of opportunity during the age of the welfare states towards a hierarchical social order where the majority of people face increasing constraints and where a fortunate minority enjoys prosperity and security.

Kokoomus ja kommunismin uhka. Puolueen antikommunismi vuoden 1929 eduskuntavaalitaistossa.

Tämän Pro gradu -tutkielman tarkoituksena on selventää Kansallisen Kokoomuspuolueen kommunisminvastaisuutta 1920-luvulla, tarkemmin ottaen vuoden 1929 eduskuntavaalikamppailussa. Tutkimuskysymykseni liittyvät puolueen identiteetin ja kommunisminvastaisuuden yhteyteen: miten kokoomuspuolueen suhtautuminen kommunismiin kytkeytyi, yhtäältä, oman porvarillisen poliittis-kansallisen identiteetin puolustamiseen, ja toisaalta, vuonna 1929 vallitseviin poliittisiin oloihin, jolloin muun muassa parlamentaarinen järjestelmä herätti laajaa epäluottamusta, kokoomus ajautui sisäiseen kriisiin ja kommunistien kumoustavoite korostui suomalaisessa julkisuudessa? Etsimällä vastauksia näihin kysymyksiin pyrin selittämään mistä osakokonaisuuksista antikommunismi koostui, miten uhkaa muokattiin ja perusteltiin. Mielestäni tärkeää ja mielenkiintoista on miettiä, kuinka kommunisminvastaisuus ilmeni ikään kuin vastauksena muihin yhteiskunnallis-poliittisiin ongelmiin ja turhautumiin. Tutkimukseni teoreettinen viitekehys perustuu toiseuden ja viholliskuvien tutkimukseen, koska toiseuden merkitys identiteetin kehittymiselle on kiistaton. Tähän liittyvän kirjallisuuden lisäksi olen käyttänyt lähteinäni tutkimuskirjallisuutta, sanomalehtiä ja julkaisemattomia arkistolähteitä. Tutkimukseni aatehistoriallisen luonteen vuoksi ensisijainen alkuperäislähteeni on julkaistu materiaali – vaalijulkaisut ja kokoomuslehdistö – jonka avulla olen pyrkinyt analysoimaan puolueen suhtautumista kommunismiin ja sen vaikutusta puolueen identiteetille. Metodini on historiallis-kvalitatiivinen, joka tarkoittaa sitä, että pyrin samaan aikaan huomioimaan sekä puolueen julkisuuskuvan että sen toiminnan kulisseissa. Tämä edellyttää huomion kohdistamista sekä julkaistuun että julkaisemattomaan lähdeaineistoon. Julkaistuun materiaaliin kohdistuneen analyysin pohjalta on mahdollista päätellä, että kokoomus halusi luoda itsestään kuvan jyrkästi kommunisminvastaisena puolueena. Toiseus-analyysin perusteella voidaan sanoa, että kommunismi oli puolueen selvä toinen. Julkisuuskuva ei kuitenkaan välttämättä vastannut puolueen todellisia käsityksiä kommunismista ja sen pohjalle muodostetusta viholliskuvasta. Antikommunismi ja viholliskuvan vahvistaminen palvelivat myös muita päämääriä, joista merkittävimmät liittyivät katkenneen kokoomuksen yhtenäisyyden pönkittämiseen ja huomion kääntämiseen pois muista vuonna 1929 esiin työntyneistä ongelmista. Kommunismin muodostamaa uhkaa Suomen kansalliselle olemassaololle pyrittiin perustelemaan monelta eri kantilta. Kommunismin nähtiin rapauttavan kristillisen moraalin ja siveellisyyden, lisäävän yhteiskunnallisia levottomuuksia, heikentävän parlamentarismia sekä vaarantavan Suomen sotilaallisen turvallisuuden ja pyhäksi koetun etuvartiotehtävän. Antikommunismi yhdistyi läheisesti myös ideologisen venäläisvastaisuuden ääri-ilmiöön, ryssävihaan. Näihin eri ilmiöihin liittyvä "antikommunistinen diskurssi" oli siis yksi niistä perustoista, jonka päällä kokoomuksen poliittis-kansallinen identiteetti kehittyi 1920-luvun mittaan. Kevätkesän 1929 tuomien, lähes ylitsepääsemättömien vaikeuksien myötä antikommunistisen diskurssin merkitys kasvoi entisestään ja loi pohjan puolueen suhtautumiselle lapualaisvuosiin.

The Contested Terrain of Globalization: Review and Conceptual Clarifications for Management Studies

The concept of globalization has become a shorthand for making sense of contemporary society. It reflects large-scale economic and social change, which affects people differently and evokes different viewpoints. Globalization is thus a highly contested concept and phenomenon. Contradictory and competing views, in turn, seem to be based on different interpretations of the present dominant forms of globalization, and of the material, economic, social and cultural conditions that these forms produce and give rise to. We view globalization not only as a significant set of economic, financial, social, political and cultural forces but as a powerful and contested discursive space. In this article, we present an overview of recent literature to introduce different thematic perspectives on globalization, to specify different ideological and discursive bases to approach globalization, and to place multinational corporations (MNC:s) within this context. Our account is not exhaustive, rather, it is intended as a basis for further discussion on the nature and role of multinational corporations in complex ”global” society

Varities of National Metonymy in Media Accounts of International Mergers and Acquisitions

International mergers and acquisitions (M&As) often invoke national identification and national cultural differences. We argue that metonymy is a central linguistic resource through which national cultural identities and differences are reproduced in media accounts of international M&As. In this paper, we focus on two revealing cases: the acquisition of American IBM Personal Computer Division (PCD) by the Chinese company Lenovo and the acquisition of American Anheuser-Busch (A-B) by the Belgian-Brazilian company InBev. First, we identify the forms, functions and frequencies of national metonymy in media accounts of these cases. We present a typology that classifies varieties of national metonymy in international M&As. Second, we demonstrate how these metonyms combine with metaphor to generate evocative imagery, engaging wit, and subversive irony. Our findings show that national metonymy contributes to the construction of emotive frames, stereotypes, ideological differences, and threats. Combinations of national metonymy with metaphor also provide powerful means to construct cultural differences. However, combinations of metonymy with wit and irony enable the play on meanings that overturns and resists national and cultural stereotypes. This is the first study to unpack the deployment of metonymy in accounts of international M&As. In doing so, it also opens up new avenues for research into international management and the analysis of tropes in management and organization.

Between West and East: A Social History of Business Journalism in Cold War Finland

The Cold War era was characterized by ideological struggles that had a major impact on economic decision-making, and also on management practice. To date, however, these ideological struggles have received little attention from management and organizational scholars. To partially fill this research gap, we focus on the role of the media in these ideological struggles. Our starting point is that the media both reflect more general societal debates but also act as an agency promoting specific kinds of ideas and ideologies. In this sense, the media exercise significant power in society; this influece, however, is often subtle and easily dismissed in historical analyses focusing on political and corporate decision-making. In this article, we focus on the role of business journalism in the ideological struggles of the Cold War era. Our case in point is Finland, which is arguably a particularly interesting example due to its geo-political position between East and West. Our approach is socio-historical: we focus on the emergence and development of business journalism in the context of the specific struggles in the Finnish political and economic fields. Our analysis shows how the business journalists struggled between nationalist, pro-Soviet and pro-West political forces, but gradually developed into an increasingly influential force promoting neo-liberal ideology.

Concepts of Narrative

Transposed to media like film, drama, opera, music, and the visual arts, “narrative” is no longer characterized by either temporality or an act of telling, both required by earlier narratological theories. Transposed to other disciplines, “narrative” is often a substitute for “assumption”, “hypothesis”, a disguised ideological stance, a cognitive scheme, and even life itself. The potential for broadening the concept lay dormant in narratology, both in the double use of “narrative” for the medium-free fabula and for the medium-bound sjuzet, and in changing interpretations of “event”. Some advantages of the broad use of “narrative” are an evocation of commonalities among media and disciplines, an invitation to re-think the term within the originating discipline, a constructivist challenge to positivistic and foundational views, an emphasis on a plurality of competing “truths”, and an empowerment of minority voices. Conversely, disadvantages of the broad use are an illusion of sameness whenever the term is used and the obliteration of specificity. In a Wittgensteinian spirit, the essay agrees that concepts of narrative are mutually related by “family resemblance”, but wishes to probe the resemblances further. It thus postulates two necessary features: double temporality and a transmitting (or mediating) agency, and an additional cluster of variable optional characteristics. When the necessary features are not dominant, the configuration may have “narrative elements” but is not “a narrative”.

On the force potential of strategy texts: a critical discourse analysis of a strategic plan and its power effects in a city organization

Despite increasing interest in the discursive aspects of strategy, few studies have examined strategy texts and their power effects. We draw from Critical Discourse Analysis to better understand the power of strategic plans as a directive genre. In our empirical analysis, we examined the creation of the official strategic plan of the City of Lahti in Finland. As a result of our inductive analysis, we identified five central discursive features of this plan: self-authorization, special terminology, discursive innovation, forced consensus and deonticity. We argue that these features can, with due caution, be generalized and conceived as distinctive features of the strategy genre. We maintain that these discursive features are not trivial characteristics; they have important implications for the textual agency of strategic plans, their performative effects, impact on power relations and ideological implications.

Towards Multiculturalism in Turkish Public Service Broadcasting

The announcement of Turkey as a European Union (EU) candidate country in the Helsinki Summit (10, 11 December 1999) marked a distinct change of identity policy and attitudes towards its citizens. A result in the shift of mindset has been the launch of the first public service broadcasting TV channel for Kurdish people on the 1st of January 2009. TRT 6 (Şeş) broadcasting in unofficial Kurdish language is run by Turkish Radio and Television Corporation (TRT). The thesis attempts to elaborate on the discussions surrounding the launch of TRT 6, Turkey’s first public service broadcasting TV channel for its Kurdish citizens. The research aims at finding the discourses of multiculturalism and public service broadcasting through the mainstream Turkish newspapers, Cumhuriyet, Hurriyet, Sabah, Taraf and Zaman. The method used for the research is Critical Discourse Analysis (CDA) and the representative newspapers of the Turkish print media are under the question: How has the launch of TRT 6, as the first public service broadcasting channel of Turkey in Kurdish language, been discussed by Turkish daily newspapers in terms of multiculturalism and minority media? The most significant results of the research is that the concerning newspapers have mostly discussed the launch of TRT 6 in the same line with their political affiliation. Thus it is comprehensively concluded that the selected newspapers proved holding a high level of political parallelism, and low professionalism. However, it should be noted that Taraf differs itself from others while challenging the hegemonic discourses embedded in the articles of the other newspapers. Moreover, the study detected three types of discourses: Pro-multiculturalism discourse, Unification discourse, and Assimilation discourse. It can be concluded that in Turkey, media owners and even individual journalists have incentives to form ideological alliances with political parties, and media appears to be an instrument of power struggle. Today, Turkey seems to restore Kurdish identity in its identity policy and aims to proceed with the negotiation for membership of the European Union (EU). The country still strives to transform from the traditional nation-state to a multiethnic democratic state, with multiculturalism as a policy discussed throughout the two terms that the AKP government has been in power. However, this transformation is not an easy process because of the deep-rooted traditions of the nation-state structure that has also polarized the Turkish press.

An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

Vapaussodan perintö : Valkoisuus paikallisyhteisössä sisältö, ylläpitäjät ja rapautuminen Iisalmessa 1918 1933

Legacy of the Finnish Civil War. White nationalism in a local community - content, supporters and disintegration in Iisalmi 1918 - 1933. Using one local community (Iisalmi) as an example, this study centres around the winners of the 1918 Finnish Civil War, exploring their collectivity its subsequent breakdown during 1918 - 1933. Referring to this collectivity by the methodological concept of white nationalism, the thesis first discusses its origin, content and forms. This is done by elucidating the discourses and symbols that came to constitute central ideological and ritualistic elements of white nationalism. Next, the thesis describes and analyzes fundamental actors of the Finnish civil society (such as White Guard and Lotta Svärd) that maintained white nationalism as a form of counter or parallel hegemony to the integration policy of the 1920s. Also highlighted is the significance of white nationalism as a power broker and an instrument of moral regulation in inter-war Finnish society. A third contribution of this thesis involves presenting a new interpretation of the legacy of the Civil War, i.e., the right-wing radicalism during the years 1919 - 1933. I shall describe attempts of the extreme right (Lapua Movement and IKL, Patriotic People s Movement) to use the white nationalism discourse as a vehicle for their political ambitions, as well as the strong counter-reaction these attempts induced among other middle-class groups. At the core of this research is the concept of white nationalism, whose key elements were the sacrifice of 1918, fatherland under threat and warrior citizenship. Winners of the civil war strove to blend these ideals into a homogenized culture, to which the working class and wavering members of the middle-class were coaxed and pressurized to subscribe. The thesis draws on Anglo-American symbol theories, theory of social identity groups, Antonio Gramsci s concept of cultural hegemony and Stuart Hall s approach to discourse and power.

Patents, Ethics and Stem Cell Research : The Case of hESC Innovation in Australia, Europe and the United States

Embryonic stem cells offer potentially a ground-breaking insight into health and diseases and are said to offer hope in discovering cures for many ailments unimaginable few years ago. Human embryonic stem cells are undifferentiated, immature cells that possess an amazing ability to develop into almost any body cell such as heart muscle, bone, nerve and blood cells and possibly even organs in due course. This remarkable feature, enabling embryonic stem cells to proliferate indefinitely in vitro (in a test tube), has branded them as a so-called miracle cure . Their potential use in clinical applications provides hope to many sufferers of debilitating and fatal medical conditions. However, the emergence of stem cell research has resulted in intense debates about its promises and dangers. On the one hand, advocates hail its potential, ranging from alleviating and even curing fatal and debilitating diseases such as Parkinson s, diabetes, heart ailments and so forth. On the other hand, opponents decry its dangers, drawing attention to the inherent risks of human embryo destruction, cloning for research purposes and reproductive cloning eventually. Lately, however, the policy battles surrounding human embryonic stem cell innovation have shifted from being a controversial research to scuffles within intellectual property rights. In fact, the ability to obtain patents represents a pivotal factor in the economic success or failure of this new biotechnology. Although, stem cell patents tend to more or less satisfy the standard patentability requirements, they also raise serious ethical and moral questions about the meaning of the exclusions on ethical or moral grounds as found in European and to an extent American and Australian patent laws. At present there is a sort of a calamity over human embryonic stem cell patents in Europe and to an extent in Australia and the United States. This in turn has created a sense of urgency to engage all relevant parties in the discourse on how best to approach patenting of this new form of scientific innovation. In essence, this should become a highly favoured patenting priority. To the contrary, stem cell innovation and its reliance on patent protection risk turmoil, uncertainty, confusion and even a halt on not only stem cell research but also further emerging biotechnology research and development. The patent system is premised upon the fundamental principle of balance which ought to ensure that the temporary monopoly awarded to the inventor equals that of the social benefit provided by the disclosure of the invention. Ensuring and maintaining this balance within the patent system when patenting human embryonic stem cells is of crucial contemporary relevance. Yet, the patenting of human embryonic stem cells raises some fundamental moral, social and legal questions. Overall, the present approach of patenting human embryonic stem cell related inventions is unsatisfactory and ineffective. This draws attention to a specific question which provides for a conceptual framework for this work. That question is the following: how can the investigated patent offices successfully deal with patentability of human embryonic stem cells? This in turn points at the thorny issue of application of the morality clause in this field. In particular, the interpretation of the exclusions on ethical or moral grounds as found in Australian, American and European legislative and judicial precedents. The Thesis seeks to compare laws and legal practices surrounding patentability of human embryonic stem cells in Australia and the United States with that of Europe. By using Europe as the primary case study for lessons and guidance, the central goal of the Thesis then becomes the determination of the type of solutions available to Europe with prospects to apply such to Australia and the United States. The Dissertation purports to define the ethical implications that arise with patenting human embryonic stem cells and intends to offer resolutions to the key ethical dilemmas surrounding patentability of human embryonic stem cells and other morally controversial biotechnology inventions. In particular, the Thesis goal is to propose a functional framework that may be used as a benchmark for an informed discussion on the solution to resolving ethical and legal tensions that come with patentability of human embryonic stem cells in Australian, American and European patent worlds. Key research questions that arise from these objectives and which continuously thread throughout the monograph are: 1. How do common law countries such as Australia and the United States approach and deal with patentability of human embryonic stem cells in their jurisdictions? These practices are then compared to the situation in Europe as represented by the United Kingdom (first two chapters), the Court of Justice of the European Union and the European Patent Office decisions (Chapter 3 onwards) in order to obtain a full picture of the present patenting procedures on the European soil. 2. How are ethical and moral considerations taken into account at patent offices investigated when assessing patentability of human embryonic stem cell related inventions? In order to assess this part, the Thesis evaluates how ethical issues that arise with patent applications are dealt with by: a) Legislative history of the modern patent system from its inception in 15th Century England to present day patent laws. b) Australian, American and European patent offices presently and in the past, including other relevant legal precedents on the subject matter. c) Normative ethical theories. d) The notion of human dignity used as the lowest common denominator for the interpretation of the European morality clause. 3. Given the existence of the morality clause in form of Article 6(1) of the Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions which corresponds to Article 53(a) European Patent Convention, a special emphasis is put on Europe as a guiding principle for Australia and the United States. Any room for improvement of the European morality clause and Europe s current manner of evaluating ethical tensions surrounding human embryonic stem cell inventions is examined. 4. A summary of options (as represented by Australia, the United States and Europe) available as a basis for the optimal examination procedure of human embryonic stem cell inventions is depicted, whereas the best of such alternatives is deduced in order to create a benchmark framework. This framework is then utilised on and promoted as a tool to assist Europe (as represented by the European Patent Office) in examining human embryonic stem cell patent applications. This method suggests a possibility of implementing an institution solution. 5. Ultimately, a question of whether such reformed European patent system can be used as a founding stone for a potential patent reform in Australia and the United States when examining human embryonic stem cells or other morally controversial inventions is surveyed. The author wishes to emphasise that the guiding thought while carrying out this work is to convey the significance of identifying, analysing and clarifying the ethical tensions surrounding patenting human embryonic stem cells and ultimately present a solution that adequately assesses patentability of human embryonic stem cell inventions and related biotechnologies. In answering the key questions above, the Thesis strives to contribute to the broader stem cell debate about how and to which extent ethical and social positions should be integrated into the patenting procedure in pluralistic and morally divided democracies of Europe and subsequently Australia and the United States.