Daniel Šmihula
Encyclopedia
JUDr. MUDr. Daniel Šmihula PhD. Dr.iur. (born 27 April 1972, Bratislava
) is a Slovak lawyer
, political scientist, journalist
and writer
.
, Slovakia
. From 1998 to 2001 he was a student of the Society for Higher Learning (main subject: International relations). In 2002 a doctor of law in international law (JUDr.). In 2001–2004 he was a PhD student at the Institute of Political Science of SAS
in Bratislava studying International relations, and in 2002–2008 a postgraduate student of the Law Faculty of the University of Vienna
in Austria
(Doctor iuris in European law).
Since 2002 he has been an employee of the Government Office of the Slovak Republic and a researcher of the Institute of Political Science of SAS
. He is also a University teacher (University of Constantinus Philosopher in Nitra
and the University of Central Europe in Skalica).
His father is a Slovak journalist Vladimír Šmihula.
, rules of the international system, and violence in international relations
. He broke a dogma
of a radical pacifism
in Slovak political thinking on foreign policy
.
Opinions of Daniel Šmihula on violence
in world politics
can be described in several thesis:
He states that presence of violence
in the international relations (although as a potential possibility only) arises from their deep essence. There does not exist some higher judge of justice who could ensure freedom and legitimate interests of particular states. The states should be able to ensure them by themselves.
Moreover, Šmihula says that inclination to violence, especially to a collective one (war
, genocide
) is characteristic for man
. It was far too long a very effective tool for selective evolution
.
In today's international relations
operate factors (economic rationality, international law, humanistic and pacifistic ideal) that are reducing the possibility of a military violence. On the other hand, there are also some opposite factors in force: transferring of state's inner conflicts into international scene, increasing of the military power and ambitions of China
, India
, Islamic states and ideologically motivated efforts to ensure the protection of human rights
and stability in other countries through military intervention as well. The tension present in the world is a result of the different abilities of particular countries to manage the transition into becoming modern societies. The differences in levels of development of social structures, political thought and consequently, the attitude to use violence, are still large.
There is danger here that mainly China
as a future economic giant whose total GDP in the years 2030-2040 will be comparable with the GDP of the USA could have an ambition to confirm its altered international position by emphasising or using the military power in the future. Using military power could lead to a very serious confrontation similar to World War II or (better case) the Cold War.
In the Islamic world streams of fundamentalist opinions occur at present, which approve the use of violence in politics, reject principles of modern society (human rights
and freedoms, secularism
, democracy
and pacifism
) and they consider them as “western, non-Islamic” values and furthermore they invite to confrontation between the Islam
and the “West
”. They also represent a violent element in the current world. Notwithstanding that they are never far away from using violence in practice, in reality – as long as they do not obtain sufficient territorial and economic base – they do not represent a serious threat, it could be classified mainly as “asymmetric threat” – which is incomparable e.g. with potential threat from the side of China. What is more, the majority of Muslims consider the Islamic fundamentalism
as an anti-system element.
However, development in the last years has proven that the biggest and most frequent users of violence after 1989 were the USA together with some allies. Although, it happens paradoxically very often with good intentions, which is impossible to denounce, it is a fact - necessary to deal with and to not bypass. The current development is that in the name of protecting peace, human rights, basic stability and in the name of War on Terror
and other threats for the international community
, the “West
” led by the US was and probably still is prepared for a military intervention in various parts of the world.
Democratic countries mostly prefer peace
. But when they do wage a war, it tends to be a total war
. The situation in the today international relations can be also described as having the world divided into two subsystems:
In his works Daniel Šmihula has paid attention to 'conditions of the just war'. However, his findings in this area seem to be quite conventional. Currently, he defines the conditions of a just war as follows:
From the position of 'legitimacy to start a war' or combat:
From the position of the style of warfare:
Several his articles are about a legal status of national minorities. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1282031 But probably the most innovative is his analysis of the pre-Westphalian international system in Europe after 395 A.D. in which he resolutely expressed the idea that the whole concept of the pre-Westphalian international system is artificial and during its supposed duration we could identify four different periods (1: The late Roman – Barbarian system, 2: System of the barbarian monarchies, 3: System of the Imperial- Papal dominance, 4: The Estate-Dynastic system).
in society (since 1600 A.D.) five waves of innovation (which began with technological revolutions) can be identified and the last one – the wave of the information and telecommunications technological revolution - is now in its terminal phase of practical application (it will soon end). Therefore in the near future (in 2015–2020) we should expect the beginning of the sixth wave of technological innovations (which will start with the “post-information technological revolution” - maybe in a form of the hypothetic biomedical-hydrogen technological revolution).
Bratislava
Bratislava is the capital of Slovakia and, with a population of about 431,000, also the country's largest city. Bratislava is in southwestern Slovakia on both banks of the Danube River. Bordering Austria and Hungary, it is the only national capital that borders two independent countries.Bratislava...
) is a Slovak lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, political scientist, journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
and writer
Writer
A writer is a person who produces literature, such as novels, short stories, plays, screenplays, poetry, or other literary art. Skilled writers are able to use language to portray ideas and images....
.
Life
Daniel Šmihula graduated from Medical Faculty (1996, MUDr.) and Law Faculty of Comenius University in BratislavaBratislava
Bratislava is the capital of Slovakia and, with a population of about 431,000, also the country's largest city. Bratislava is in southwestern Slovakia on both banks of the Danube River. Bordering Austria and Hungary, it is the only national capital that borders two independent countries.Bratislava...
, Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
. From 1998 to 2001 he was a student of the Society for Higher Learning (main subject: International relations). In 2002 a doctor of law in international law (JUDr.). In 2001–2004 he was a PhD student at the Institute of Political Science of SAS
Institute of Political Science of SAS
Institute of Political Science of the Slovak Academy of Science is a research institute of the Slovak Academy of Science...
in Bratislava studying International relations, and in 2002–2008 a postgraduate student of the Law Faculty of the University of Vienna
University of Vienna
The University of Vienna is a public university located in Vienna, Austria. It was founded by Duke Rudolph IV in 1365 and is the oldest university in the German-speaking world...
in Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
(Doctor iuris in European law).
Since 2002 he has been an employee of the Government Office of the Slovak Republic and a researcher of the Institute of Political Science of SAS
Institute of Political Science of SAS
Institute of Political Science of the Slovak Academy of Science is a research institute of the Slovak Academy of Science...
. He is also a University teacher (University of Constantinus Philosopher in Nitra
Nitra
Nitra is a city in western Slovakia, situated at the foot of Zobor Mountain in the valley of the river Nitra. With a population of about 83,572, it is the fifth largest city in Slovakia. Nitra is also one of the oldest cities in Slovakia and the country's earliest political and cultural center...
and the University of Central Europe in Skalica).
His father is a Slovak journalist Vladimír Šmihula.
Work
The main area of his research activity are human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, rules of the international system, and violence in international relations
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...
. He broke a dogma
Dogma
Dogma is the established belief or doctrine held by a religion, or a particular group or organization. It is authoritative and not to be disputed, doubted, or diverged from, by the practitioners or believers...
of a radical pacifism
Pacifism
Pacifism is the opposition to war and violence. The term "pacifism" was coined by the French peace campaignerÉmile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress inGlasgow in 1901.- Definition :...
in Slovak political thinking on foreign policy
Foreign policy
A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...
.
Opinions of Daniel Šmihula on violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
in world politics
World Politics
World Politics is an academic journal founded in 1948. It publishes articles from all subdisciplines of political science. Material might be historical in nature, current affairs, journalistic, or policy-oriented. It includes research on all topics of import in the field of international affairs...
can be described in several thesis:
He states that presence of violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
in the international relations (although as a potential possibility only) arises from their deep essence. There does not exist some higher judge of justice who could ensure freedom and legitimate interests of particular states. The states should be able to ensure them by themselves.
Moreover, Šmihula says that inclination to violence, especially to a collective one (war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
, genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
) is characteristic for man
Man
The term man is used for an adult human male . However, man is sometimes used to refer to humanity as a whole...
. It was far too long a very effective tool for selective evolution
Evolution
Evolution is any change across successive generations in the heritable characteristics of biological populations. Evolutionary processes give rise to diversity at every level of biological organisation, including species, individual organisms and molecules such as DNA and proteins.Life on Earth...
.
In today's international relations
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...
operate factors (economic rationality, international law, humanistic and pacifistic ideal) that are reducing the possibility of a military violence. On the other hand, there are also some opposite factors in force: transferring of state's inner conflicts into international scene, increasing of the military power and ambitions of China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, Islamic states and ideologically motivated efforts to ensure the protection of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and stability in other countries through military intervention as well. The tension present in the world is a result of the different abilities of particular countries to manage the transition into becoming modern societies. The differences in levels of development of social structures, political thought and consequently, the attitude to use violence, are still large.
There is danger here that mainly China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
as a future economic giant whose total GDP in the years 2030-2040 will be comparable with the GDP of the USA could have an ambition to confirm its altered international position by emphasising or using the military power in the future. Using military power could lead to a very serious confrontation similar to World War II or (better case) the Cold War.
In the Islamic world streams of fundamentalist opinions occur at present, which approve the use of violence in politics, reject principles of modern society (human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and freedoms, secularism
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...
, democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
and pacifism
Pacifism
Pacifism is the opposition to war and violence. The term "pacifism" was coined by the French peace campaignerÉmile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress inGlasgow in 1901.- Definition :...
) and they consider them as “western, non-Islamic” values and furthermore they invite to confrontation between the Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
and the “West
West
West is a noun, adjective, or adverb indicating direction or geography.West is one of the four cardinal directions or compass points. It is the opposite of east and is perpendicular to north and south.By convention, the left side of a map is west....
”. They also represent a violent element in the current world. Notwithstanding that they are never far away from using violence in practice, in reality – as long as they do not obtain sufficient territorial and economic base – they do not represent a serious threat, it could be classified mainly as “asymmetric threat” – which is incomparable e.g. with potential threat from the side of China. What is more, the majority of Muslims consider the Islamic fundamentalism
Islamic fundamentalism
Islamic fundamentalism is a term used to describe religious ideologies seen as advocating a return to the "fundamentals" of Islam: the Quran and the Sunnah. Definitions of the term vary. According to Christine L...
as an anti-system element.
However, development in the last years has proven that the biggest and most frequent users of violence after 1989 were the USA together with some allies. Although, it happens paradoxically very often with good intentions, which is impossible to denounce, it is a fact - necessary to deal with and to not bypass. The current development is that in the name of protecting peace, human rights, basic stability and in the name of War on Terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
and other threats for the international community
International community
The international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...
, the “West
West
West is a noun, adjective, or adverb indicating direction or geography.West is one of the four cardinal directions or compass points. It is the opposite of east and is perpendicular to north and south.By convention, the left side of a map is west....
” led by the US was and probably still is prepared for a military intervention in various parts of the world.
Democratic countries mostly prefer peace
Peace
Peace is a state of harmony characterized by the lack of violent conflict. Commonly understood as the absence of hostility, peace also suggests the existence of healthy or newly healed interpersonal or international relationships, prosperity in matters of social or economic welfare, the...
. But when they do wage a war, it tends to be a total war
Total war
Total war is a war in which a belligerent engages in the complete mobilization of fully available resources and population.In the mid-19th century, "total war" was identified by scholars as a separate class of warfare...
. The situation in the today international relations can be also described as having the world divided into two subsystems:
- 1) a group of liberal-democratic developed countries with predominant Euro-American tradition of civilisation, where the role of power and military factor in mutual relations is significantly limited,
- 2) the rest of the world where the situation is different.
In his works Daniel Šmihula has paid attention to 'conditions of the just war'. However, his findings in this area seem to be quite conventional. Currently, he defines the conditions of a just war as follows:
From the position of 'legitimacy to start a war' or combat:
- 1) Just cause and goal of the war (according to international lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
)
- 2) Legitimate authorityAuthorityThe word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
(government or rebel movement)
- 3) WarWarWar is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
as the last resort
- 4) Right intention
- 5) Probability of a success
From the position of the style of warfare:
- 1) Legitimate authority (organised and determined units which respect the rules of the international law)
- 2) Protection of noncombatants
- 3) Adequacy of used tools, weapons and methods
- 4) Protection of banned targets
- 5) Respecting the ban of using some weapons
- 6) Respecting the ban of using some combat methods
Several his articles are about a legal status of national minorities. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1282031 But probably the most innovative is his analysis of the pre-Westphalian international system in Europe after 395 A.D. in which he resolutely expressed the idea that the whole concept of the pre-Westphalian international system is artificial and during its supposed duration we could identify four different periods (1: The late Roman – Barbarian system, 2: System of the barbarian monarchies, 3: System of the Imperial- Papal dominance, 4: The Estate-Dynastic system).
Post-informational technological revolution
Daniel Šmihula is also an author of the theory of the “post-informational technological revolution” and a co-author of the idea of a 'post-informational society'. He believes that during the modern ageModern Age
Modern Age is an American conservative academic quarterly journal, founded in 1957 by Russell Kirk in close collaboration with Henry Regnery...
in society (since 1600 A.D.) five waves of innovation (which began with technological revolutions) can be identified and the last one – the wave of the information and telecommunications technological revolution - is now in its terminal phase of practical application (it will soon end). Therefore in the near future (in 2015–2020) we should expect the beginning of the sixth wave of technological innovations (which will start with the “post-information technological revolution” - maybe in a form of the hypothetic biomedical-hydrogen technological revolution).
Book publications
- Štát a medzinárodný systém, (The State and International System), Bratislava, 2005 (140 pp.)
- Použitie silových prostriedkov v medzinárodných vzťahoch, (Use of Force in International Relations), Bratislava, 2007 (220 pp.)
- Teória štátu a práva, (Theory of the State and Law), Bratislava, 2010 (397 pp.)
- National Minorities in International and European Law, Saarbrücken, 2010 (121 pp.)
External links
- http://sk.wikipedia.org/wiki/Daniel_%C5%A0mihula
- http://www.upv.sav.sk/index.php?ID=22
- http://www.sav.sk/index.php?lang=en&charset=&doc=org-user&user_no=5523&action=publish
- http://www.scifi.cz/ik/whosf/smidan.htm
- http://www.epsnet.org/2004/pps/%C5%A0mihula.pdf
- http://www.eurotopics.net/de/presseschau/autorenindex/autor_smihula_daniel/
- http://www.sav.sk/index.php?lang=en&charset=ascii&doc=org-user&user_no=5523&action=cv&do=print
- http://www.wickedness.net/els/els2/smihula%20paper.pdf
- http://www.karl.aegee.org/oem/oneEurope/oem294.htm
- http://www.klemens.sav.sk/fiusav/filozofia/view_author_en.php?author_id=smihula_d
- http://www.ier.ro/RJEA/volume/2008_RJEA%20Vol.8,%20No.3,%20September.pdf