The Russian People and National Identity
9 august 2008
Valery Tishkov
© "Russia in Global Affairs". № 3, July - September 2008
Valery Tishkov, a Member of the Russian Academy of Sciences, is Director of the Institute of Ethnology and Anthropology at the Russian Academy of Sciences. He is also a Member of the Public Council of the Russian Federation.
Mechanisms for affirming national identity as a foundation of Russia’s statehood have long been the source of much controversy among Russian policymakers and experts, while debates on this issue are superficial and overly emotional. Juggling with such fundamental notions as ‘people’ and ‘nation’ involves serious risks for society and the state. In the Russian political vocabulary, the word ‘nationalism’ is attributed a negative meaning. Meanwhile, nationalism played a key role in the formation of modern states and largely remains a major political ideology of the modern age.
In Russia, these debates have contributed to the development of three main characterizations of Russian society and the state:
First, Russia is a multination state, which makes it totally different from other countries;
Second, Russia is a state of ethnic Russians (Russkii) with a host of other ethnic minorities whose members can either identify themselves as Russians or acknowledge that the ethnic Russian majority rightfully enjoys the state-building status;
Third, Russia (Rossiya) is a national state featuring a multi-ethnic “Rossiyan” nation (Rossiyane) underpinned by the Russian language and culture, and embracing members of other ethnic communities (usually defined as peoples, nationalities, ethnic groups or nations).
The Russian authorities, including the current and former presidents, Dmitry Medvedev and Vladimir Putin, have embraced this final characterization, which advances the notion of the Rossiyan people as a historical entity or civic nation. While it has its opponents, particularly among champions of ethnic nationalism who have proclaimed “a failure of the construction of a civic nation,” this interpretation of Russia’s current identity has been accepted and supported by a large number of intellectuals and policymakers as the only feasible option for Russia. Indeed, the formula is in line with the state (civic) national identity that has been adopted and proven successful in other major multi-ethnic countries around the world.
GLOBAL CONTEXT
Throughout the world, public policy discourses have come to embrace the perception of nations as territorial and political entities featuring complex – although integrated – social and cultural systems. No matter how ethnically or religiously heterogeneous some countries might be, they invariably define themselves as ‘nations’ and consider their states ‘national’ or ‘nation states.’ ‘People’ and ‘nation’ are synonyms here, and it is these two categories that impart primordial legitimacy to a modern state.
The perception of a united people/nation is a key factor in ensuring stability and accord in society, and is as strong a guarantee of the state’s strength as the Constitution, the Army and the guarded borders. The ideology of a ‘civic nation’ embraces the following attributes: the ethos of a responsible citizen; a unified education system; a commonly shared vision of the country’s past – both good and bad; a calendar and symbols; feelings of attachment to the country; loyalty to the state; and the upholding of national interests. All these factors form what is called ‘state (civic) nationalism.’
Civic nationalism exists in contrast to the ideology of ethnic nationalism, which embodies exclusively one or another ethnic community, often either a majority or minority of the given country’s population. That community considers only its immediate members, rather than all fellow countrymen, to be part of the nation, and, in instances of ethnic nationalism, seeks its own statehood or some form of preferential status. Clearly, there are important disparities between the two types of nationalism, especially given that ethnic nationalism stems from an ideology of exclusion and a rejection of diversity, while civic nationalism is based on an ideology of solidarity and readily integrated plurality.
Extreme nationalism among ethnic minorities presents a risk to the state – and to civic nationalism – particularly if they seek to secede from the country through the use of force. Admittedly, ethnic nationalism on behalf of a dominant group can likewise carry some serious risks. If such a community attempts to claim exclusive ownership of the state, it in turn risks engendering opponents of this state among the various subordinated ethnic communities.
For example, in India, Hindu nationalism on behalf of the Hindi-speaking majority sparked a string of domestic civil-war-like confrontations. Therefore, the Indian authorities now want to bolster the notion of an Indian nation that can encompass the country’s multitude of ethnic, religious and racial communities, both large and small. Since the times of Mahatma Gandhi and Jawaharlal Nehru, local elites and the state have been working to shore up civic Indian nationalism as a counterweight to Hindu nationalism or any other nationalism on behalf of ethnic or religious minorities. Thanks to a focused endeavor to sustain that ideology, India continues to enjoy its national integrity.
In China too, the dominant ethnic group (Han) and the concept of the Chinese nation (Minzu) largely correspond in terms of demography and core culture. Nonetheless, the Han have been unable to promote themselves as the dominant state-making ethnic nation due to the 55 other non-Han ethnic groups (or nationalities) that exist in China, which account for over 100 million people. Han chauvinism, criticized since the times of Mao Zedong, poses a threat to Chinese statehood for the very reason that it risks provoking discontent and separatism by non-Han communities, leading to the eventual disintegration of China. The concept of a civic Chinese nation made up of all the country’s citizens was developed a few decades ago, and it appears to be working well toward establishing and sustaining a unified Chinese national identity.
These two national identities, both civic and ethnic, similarly coexist in many other countries (Spain, the United Kingdom, Indonesia, Pakistan, Nigeria, Mexico, Canada, etc.), including Russia. Understandably, such nations feature a complex ethnic, religious and racial mix of communities, yet the dominant culture, language and religion nearly always provide the national cultural framework: English for the British nation, Castilian for the Spanish, Han for the Chinese, and Russian for the Rossiyan nation.
Therefore, while there are certain unique features of Russia’s nation-building ideology and its practice of using the ‘nation’ category, modern-day Russia is generally not exceptional in terms of its construction as a nation.
NATIONALISM IN PRE-REVOLUTIONARY RUSSIA
A state is considered legitimate if its population views itself as a united nation loyal to its state. In Russia, this is the Russian (Rossiyan) people (Rossiyane). This notion emerged in the times of Emperor Peter the Great and scientist and writer Mikhail Lomonosov and was further developed by outstanding public figures, starting from Nikolai Karamzin.
Russia developed a notion of Russian (Rossiyan) or “pan-Russian” (Pyotr Struve) nation at the same time (in the 18th and 19th centuries) as Europe and America formed the idea of modern nations based on civic nationalism. The words ‘Russkii’ and ‘Rossiyan’ were largely synonyms. The word ‘Russkii’ referred more to local customs and culture, while the word ‘Rossiyan’ referred to the whole nation.
For example, according to Karamzin, being a Rossiyan primarily amounted to having the capacity to feel a profound bond with the homeland (not the Tsar alone) and the desire to be a “perfect citizen.” This understanding of the notion of Rossiyan-ness was built on the basis of Russian culture and Orthodox Christianity (as well as on Catholic cultures in western Russia and Islamic ones in the Volga region). It imposed itself as the dominant school of thought, marginalizing the potential for ethnic nationalism not only in the country’s center, but also across its far-flung provinces (except for Poland and Finland).
Following on from this notion of a civic Rossiyan national identity, manifested in its various liberal-imperial and federalist forms, Struve quite rightly concluded that “Russia is a nation state” and that “while seeking to expand its core geographically, Russia has turned into a state featuring both national unity and multi-ethnic diversity.”
However, in Russia there were also supporters of an ethnographic Great Russian (Velikoruss) identity, according to whom the territory and the dominant culture of the empire was the sole preserve of the ethnic Russian majority. In fact, the long-standing endeavor to re-conceptualize the empire as a nation state of the Rossiyan “multi-peopled nation” (as defined by Ivan Ilyin) had still not been fully completed by 1917. While this was understandable given the enormity of the task in such a geographically vast and ethnically diverse country, it was primarily the result of a narrow-minded and ideologically disoriented ruling autocracy and political elite. Nevertheless, it would be a mistake to think that, since pre-revolutionary Russia was an empire, it therefore was not a nation state.
Pre-revolutionary Russia already invoked, in the minds of its many different countrymen, a clear understanding of national territory, national economy and national interests. Furthermore, there existed a relatively large and both ethnically and religiously diverse stratum of educated professionals and civil servants who perceived themselves as members of the single Rossiyan people and regarded Russia as their homeland. It was not accidental that during the revolution and the Civil War opponents of Bolsheviks were united by the slogan of “defending a single and indivisible Russia.”
The perception of pre-revolutionary Russia as a “patchwork empire” and a “prison of peoples” was invented in Soviet times due to the revolutionary rejection of the past. Recent studies of nationalism suggest that pre-1917 Russia, far from being a historical anomaly, was in fact some form of emerging nation state, with its national core being built around the Russian language and culture.
REVIEWING THE SOVIET ERA
Under the Soviet regime, the nation-building project placed greater emphasis on recognizing the rights and separate identities of Russia’s ethnic groups. Ethno-territorial autonomies acquired “ethnic statehood” in the form of Union and autonomous republics. Finally, ethnic communities and regional/religious/tribal identities were engineered into “socialist nations.”
Starting in 1926, Soviet population censuses featured a mandatory nationality question that forced all citizens to identify with the ethnic background of one parent. The country’s population was thus broken down into “nations” and “nationalities” (ethnic groups), whose overall number depended on counting procedures and political-ideological guidelines. The content of the notion ‘Russkii’ changed and began to denote only former “Great Russians,” while the latter term disappeared first from public usage and then from people’s self-consciousness. People living in “Little Russia” (now known as Ukraine) began to call themselves Ukrainians; Belarusians remained Belarusians; but both groups ceased to consider themselves Russians at the same time.
Nonetheless, the Soviet model – while entrenching new ethnic and cultural divisions – also sought to provide a unifying ideology that would bind all the peoples of the Union of Soviet Socialist Republics together. In this way, through narratives of internationalism and friendship among peoples, bolstered and enforced by iron-rule authoritarianism, the Soviet Union fostered an ideology of Soviet patriotism. In fact, while such a reality was never admitted or acknowledged by the leadership, the Soviet people actually constituted a civic nation, with the Soviet Union being a kind of nation state. While its specific ideological framework was unique, the Soviet Union was in many ways no different than other large and ethnically heterogeneous states that have been and are known as nation states, such as the United Kingdom, Spain, China, India, Indonesia, the U.S., Canada, Brazil, Mexico, and others.
The granting of statehood to ethnic territories was one of the factors in the Soviet Union’s breakup in the name of “national” – that is, ethnic – self-determination. After the breakup, the Soviet nation as a community was declared to be a chimera, and the Soviet Union was the “last empire.” However, despite the radical upheaval of the 1917 revolution and the watershed shift that took place, a series of studies have convincingly argued that the Soviet Union was an extension – in terms of its civic project – of the pre-revolutionary Russian state. At the same time, the word ‘Rossiya’ disappeared from the country’s name, as did the notions ‘Rossiyan people’ and ‘Rossiyans’ from the language.
The Soviet modernization and cultural policy, for all their distortions, helped small cultures to survive and develop, while common historical trials and accomplishments contributed to the consolidation of a civic nation in terms of entrenching similar social, cultural and behavioral patterns among the Soviet peoples.
A NEW RUSSIAN PROJECT
Due to the inertia of political and legal thinking, the Russian Constitution continues to feature the concept of multi-nationality, but this would be best substituted by the concept of a ‘multi-peopled nation.’ It is necessary to consistently affirm the notions ‘nation’ and ‘national’ in the official civic sense, without rejecting the established practice of using these notions in an ethno-cultural capacity.
The coexistence of two different meanings for such a politically and emotionally loaded notion as ‘nation’ is possible within the framework of one country. At the same time, the primacy of the civic national identity is indisputable for its citizens, however hard ethnic nationalists may dispute this fact. The political leadership must explain that these two forms of identity are not mutually exclusive and that the notions ‘Rossiyan people,’ ‘Rossiyan nation’ and ‘Rossiyans’ do not deny the existence of ethnic Russian identity, Ossetian identity, Tatar identity, or that of any other people living in the country.
The overall effort to sustain and develop the languages and cultures of the peoples of Russia should proceed hand in hand with acknowledging the Rossiyan nation and Rossiyan identity as a fundamental characteristic of its citizens. This innovation is long overdue and is already recognized at the level of common sense and practiced in everyday life. Public opinion polls and everyday practices of Russian citizens show that their civic and state affiliation and the recognition of their Rossiyan-ness is more important to them than their ethnic affiliation.
Some current proposals are unfeasible to affirm in Russia the notion of not a ‘Rossiyan’ but a ‘Russian’ nation and to reanimate the pre-revolutionary notion of “Russians” as all those who consider themselves to be so. Ukrainians and Belarusians living in Russia will never agree to be called Russians again, while Tatars or Chechens have never identified themselves as Russians. Yet, all these and other ethnic groups in this country view themselves as Rossiyans. The prestige of Russian-ness and the status of Russians can and must be enhanced not by rejecting Rossiyan-ness but by affirming the double (Russian and Rossiyan) identity; by improving living conditions in regions largely populated by ethnic Russians; and finally, by promoting their social and political representation in the Russian state.
Modern states have come to acknowledge multiple and non-exclusive identities at the community and individual level. This weakens ethno-cultural borderlines within co-citizenship and promotes national consolidation. In addition, it more adequately reflects the self-consciousness of people born of mixed marriages. In Russia, where one-third of its people come from mixed couples, there still persists the practice of mandatory registration of a single ethnic affiliation. This practice results in personal violence and in heated debates about ethnic affiliation. In order to promote national consolidation and better reflect the ethno-religious diversity of Russia’s citizens, the forthcoming population census should allow for the registration of multiple ethnic affiliations.
In the light of the new doctrine, there should be no strict limitations on the use of the word ‘nation.’ At the same time, the state should refer to national priorities and strategic national interests as “national policy,” while the policy of sustaining and managing the country’s ethno-cultural diversity should be termed as ethnic or ethno-cultural policy.
Today, all states in the world consider themselves nation states, and Russia has no grounds to be an exception. A ubiquitous effort is underway across the globe to establish the concept of a nation as free from racial, ethnic or religious dimensions. A nation is forged as the result of a sustained effort on the part of any given country’s political and intellectual elites, articulating and disseminating their self-perception as a unified nation with a common set of values, symbols and aspirations, rather than striving to achieve ethno-cultural uniformity.
Such general views exist in countries with a more disunited population than that of Russia, whereas Russia features a real community of Rossiyan nationals (Rossiyane) sharing a single set of historical and social values, patriotism, culture and language. However, a large part of the Russian elite seek to deny this community, so there is an urgent need to change the situation. National identity can be developed through a host of tools and strategies, with the primary objectives being to assure civic equity, pursue education and awareness programs, cultivate the state language, develop the symbols and calendar, and sustain cultural and mass-media activities. Following the completion of crucial political and economic reforms, Russia now needs to review its ideological and doctrinal documents underpinning the ongoing effort to achieve civic solidarity and national identity.
This material was prepared for a discussion at the symposium “Foresight: Russia in the 21st Century,” organized by the international forum of Deutsche Bank, the Alfred Herrhausen Society, in partnership with the Russian Council on Foreign and Defense Policy, and Policy Network, a British think tank.
So what exactly is racialism or racial chauvinism? There are seven main “ingredients” for someone to qualify as a racialist or racial chauvinist and they are:
> taking an arrogant, bigoted or superior attitude against another race;
> making racial slurs or degrading or insulting remarks against another race;
> attacking or calling for the denial of the basic rights of another race;
> holding an illogical distrust of another race;
> preaching forced assimilation over other cultures rather than voluntary integration;
> falsely blaming other race/s for the problems of his/her ethnic community; and
> falsely portraying other race/s as a threat to his/her ethnic community.
HUMAN RIGHTS
Human rights are international norms that help to protect all people everywhere from severe political, legal, and social abuses. Examples of human rights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to engage in political activity. These rights exist in morality and in law at the national and international levels. They are addressed primarily to governments, requiring compliance and enforcement. The main sources of the contemporary conception of human rights are the Universal Declaration of Human Rights (United Nations, 1948b) and the many human rights documents and treaties that followed in international organizations such as the United Nations, the Council of Europe, the Organization of American States, and the African Union.
The Universal Declaration of Human Rights (1948) sets out a list of over two dozen specific human rights that countries should respect and protect. These specific rights can be divided into six or more families: security rights that protect people against crimes such as murder, massacre, torture, and rape; due process rights (право на надлежащую правовую процедуру) that protect against abuses of the legal system such as imprisonment without trial, secret trials, and excessive punishments; liberty rights that protect freedoms in areas such as belief, expression, association, assembly, and movement; political rights that protect the liberty to participate in politics through actions such as communicating, assembling, protesting, voting, and serving in public office; equality rights that guarantee equal citizenship, equality before the law, and nondiscrimination; and social (or "welfare") rights that require provision of education to all children and protections against severe poverty and starvation. Another family that might be included is group rights. The Universal Declaration does not include group rights, but subsequent treaties do. Group rights include protections of ethnic groups against genocide and the ownership by countries of their national territories and resources.
Human rights are political norms dealing mainly with how people should be treated by their governments and institutions. They are not ordinary moral norms applying mainly to interpersonal conduct (such as prohibitions of lying and violence). As Thomas Pogge puts it, "to engage human rights, conduct must be in some sense official" (Pogge 2000, 47). But we must be careful here since some rights, such as rights against racial and sexual discrimination are primarily concerned to regulate private behavior. Still, governments are directed in two ways by rights against discrimination. They forbid governments to discriminate in their actions and policies, and they impose duties on governments to prohibit and discourage both private and public forms of discrimination.
Second, human rights exist as moral and/or legal rights. A human right can exist as a shared norm of actual human moralities, as a justified moral norm supported by strong reasons, as a legal right at the national level (here it might be referred to as a "civil" or "constitutional" right), or as a legal right within international law. The aspiration of the human rights movement is that human rights will come to exist in all four ways.
Third, human rights are numerous (several dozen) rather than few. John Locke's rights to life, liberty, and property were few and abstract (Locke 1689), but human rights as we know them today address specific problems (e.g., guaranteeing fair trials, ending slavery, ensuring the availability of education, preventing genocide.) They are the rights of the lawyers rather than the abstract rights of the philosophers. Human rights protect people against familiar abuses of people's dignity and fundamental interests. Because many human rights deal with contemporary problems and institutions they are not transhistorical. One could formulate human rights abstractly or conditionally to make them transhistorical, but the fact remains that the formulations in contemporary human rights documents are neither abstract nor conditional. They presuppose criminal trials, governments funded by income taxes, and formal systems of education.
Fourth, human rights are minimal standards. They are concerned with avoiding the terrible rather than with achieving the best. Their focus is protecting minimally good lives for all people. Henry Shue suggests that human rights concern the "lower limits on tolerable human conduct" rather than "great aspirations and exalted ideals" (Shue 1996). As minimal standards they leave most legal and policy matters open to democratic decision-making at the national and local levels. This allows them to accommodate a great deal of cultural and institutional variation and to leave a large space for democratic decision-making at the national level.
Fifth, human rights are international norms covering all countries and all people living today. International law plays a crucial role in giving human rights global reach. We can say that human rights are universal provided that we recognize that some rights, such as the right to vote, are held only by adult citizens; that some human rights documents focus on vulnerable groups such as children, women, and indigenous peoples; and that some rights, such as the right against genocide, are group rights.
Sixth, human rights are high-priority norms. Maurice Cranston held that human rights are matters of "paramount importance" and their violation "a grave affront to justice" (Cranston 1967). This does not mean, however, that we should take human rights to be absolute. As James Griffin says, human rights should be understood as "resistant to trade-offs, but not too resistant". The high priority of human rights needs support from a plausible connection with fundamental human interests or powerful normative considerations.
Seventh, human rights require robust justifications that apply everywhere and support their high priority. Without this they cannot withstand cultural diversity and national sovereignty. Robust justifications are powerful but need not be understood as ones that are irresistible.
Eighth, human rights are rights, but not necessarily in a strict sense. As rights they have several features. One is that they have rightholders — a person or agency having a particular right. Broadly, the rightholders of human rights are all people living today. More precisely, they are sometimes all people, sometimes all citizens of countries, sometimes all members of groups with particular vulnerabilities (women, children, racial and religious minorities, indigenous peoples), and sometimes all ethnic groups (as with rights against genocide.) Another feature of rights is that they focus on a freedom, protection, status, or benefit for the rightholders. When we talk about a right to freedom of speech, for example, the focus is on a generally beneficial freedom that the rightholders are to have available.
The most obvious way in which human rights exist is as norms of national and international law created by enactment and judicial decisions. At the international level, human rights norms exist because of treaties that have turned them into international law. For example, the human right not to be held in slavery or servitude in article 4 of the European Convention and in article 8 of the International Covenant on Civil and Political Rights exists because these treaties establish it. At the national level, human rights norms exist because they have through legislative enactment, judicial decision, or custom become part of a country's law. For example, the right against slavery exists in the United States because the 13th Amendment to the U.S. Constitution prohibits slavery and servitude. When rights are embedded in international law we speak of them as human rights; but when they are enacted in national law we more frequently describe them as civil or constitutional rights. As this illustrates, it is possible for a right to exist within more than one normative system at the same time.
LAW ENFORCEMENT
Lawenforcement is the collective term for professionals who are dedicated to upholding and enforcing the laws and statutes that are currently in force in a given jurisdiction. There are law enforcement jobs that focus on local settings, while others are focused more on upholding and enforcing national laws. In addition to enforcing laws, the function of legal enforcement also involves managing the punishment process for people who are convicted of crimes, up to and including managing the process of incarceration.
At its core, law enforcement seeks to achieve two goals. First, enforcement professionals seek to prevent the occurrence of a crime that is in some way damaging to another human being or to society as a whole. Second, people employed in some enforcement capacity will seek to ensure suspected criminals are tried in a manner that is in compliance with local laws. Various officials will also assign some form of punishment or imprisonment that is considered equitable for the type of crime committed, while also seeking rehabilitation of criminals when and as possible.
The concept of law enforcement is not new. Since the beginning of recorded time, there have been people appointed to maintain the standards and rules of the tribe or other society. For example, ancient Chinese culture used a system involving prefects or protectors who were assigned by the ruling government. The role of the prefect was to protect the general public, hear the facts regarding alleged criminal activity, and impose fines or other forms of punishment as deemed appropriate.
Today, there are a number of law enforcement jobs found at many different levels. A local police force serves by protecting the rights of citizens living within a specified jurisdiction. Police are empowered to apprehend and arrest people who are suspected of committing acts deemed to be criminal in nature. In many cultures, the administration of the police department works with other law professionals to make sure the suspect is held in custody or at least remains in the general area until he or she can stand trial for the suspected criminal activity.
State and federal law enforcement professionals are also empowered to apprehend suspects where there is sufficient evidence of wrongdoing. Most nations have one or more enforcement agencies that have broad authority to function anywhere within the borders of the nation and any territories the country may possess. Some of the best known national agencies of this type include the FBI in the United States, and Scotland Yard in the United Kingdom.
Law enforcement also includes other professionals who manage some aspect of the containment, punishment, and possible rehabilitation of criminals. Employees of state and federal penal systems are considered to be members of the law enforcement community. In like manner, private detectives are also often viewed as being associated with legal enforcement. Probation officers, district attorneys, and court judges are also enforcement professionals who help to protect the rights of all citizens and seek to minimize the incidence of crime within society.
National Security Priorities | Criminal Priorities | |
1. Counterterrorism • International Terrorism • Domestic Terrorism • Weapons of Mass Destruction 2. Counterintelligence • Counterespionage • Counterproliferation • Economic Espionage 3. Cyber Crime • Computer Intrusions • Online Predators• Piracy/Intellectual Property Theft • Internet Fraud | ![]() ![]() | ![]() |
GLOSSARY:
Counterterrorism | Борьба с терроризмом |
Counterintelligence | Контрразведка |
Computer intrusions | Вторжение в компьютерные системы |
Online predators | Интернет-хищники Интернет-хищники устанавливают контакты с детьми в чатах, при обмене мгновенными сообщениями, по электронной почте или на форумах. Для решения своих проблем многие подростки обращаются за поддержкой на конференции. Злоумышленники часто сами там обитают; они стараются прельстить свою цель вниманием, заботливостью, добротой и даже подарками, нередко затрачивая на эти усилия значительное время, деньги и энергию. Обычно они хорошо осведомлены о музыкальных новинках и современных увлечениях детей. Они выслушивают проблемы подростков и сочувствуют им. Но постепенно злоумышленники вносят в беседы оттенок сексуальности или демонстрируют материалы откровенно эротического содержания, пытаясь ослабить моральные запреты, сдерживающие молодых людей. Некоторые преступники действуют быстрее других и сразу же заводят сексуальные беседы. Такой более прямолинейный подход может включать решительные действия или скрытое преследование жертвы. Преступники могут также рассматривать возможность встречи с детьми в реальной жизни. ![]() |
Hate crime | Преступление на почве ненависти, нетерпимости |
Human trafficking | Работорговля, торговля людьми |
Color of law | Видимость наличия законного права, якобы по закону (использование служебного, или какого-либо другого, положения при аресте, обыске, конфискации и т.д.) Color of law Color of law refers to an appearance of legal power to act but which may actually operate in violation of law. For example, though a police officer acts with the color of law authority to arrest someone, if such an arrest is made without probable cause. the arrest may actually be in violation of law. In other words, just because something is done with the 'color of law', that does not mean that the action was actually lawful. When police act outside their lawful authority and violate the civil rights of a citizen, the FBI is tasked with investigating. Under 'color of law', it is a crime for one or more persons using power given to him or her by a governmental agency (local, state or federal) to willfully deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. Enforcement of 'color of law' does not require that any racial, religious, or other discriminatory motive existed. Criminal acts under color of law include acts within and beyond the bounds or limits of lawful authority. Color of law may include forced vaccinations for school-aged children under threat of expulsion or placing the child's parents under arrest where no law exists to do so. Color of law may include public officials and non-governmental employees who are not law enforcement officers such as judges, prosecutors, and private security guards. Furthermore, in many states it is unlawful to falsely impersonate a police officer, a federal officer or employee, or any other public official or to use equipment used by law enforcement officers, such as flashing lights or a fake police badge. "Possession of a firearm also can enhance the penalty for false impersonation of a police officer." Color of office Color of office refers to an act usually committed by a public official under the appearance of authority, but which exceeds such authority. Color of title In property law (в имущественном праве), color of title refers to a claim to title (притязание на право собственности) which appears valid, but may be legally defective. Color of title may arise when there is evidence, suggesting valid legal title. The courts have ruled that deeds are mere color of title; the actual title to land is secured with an irrefutable instrument like a land patent, then when that land is subsequently conveyed to another owner by a deed, the deed colors the title to show the new owner. Thus, the chain of title from the land patent to the present may include many deeds, the actual title remains with the land patent and lawful deeds show the chain of title to the present landowner. Because the ownership in land is a very specific thing requiring precise and proper transfers of ownership, in times past, people always required a certified abstract be provided with a deed to insure the deed was not merely a color of title fiction. Today, title companies offer 'title insurance' to secure such documents. Still, only a proper and lawful title, like the land patent, provides actual title to land; and, only a proper and lawful chain of title (deeds, etc.) from such a patent to the present can secure land rights to the landowner. |
LCN | ФБР: La cosa nostra |
White-collar crime | Должностные преступления, экономические преступления, преступления в сфере работников умственного труда |
Antitrust | Антимонопольные дела |
Identity theft | Хищение персональных данных (номера счета, пин-кода, кредитной карты и т.д.) |
Money laundering | Отмывание денег |
Fine Arts
Fine art or the fine arts describes an art form developed primarily for aesthetics and/or concept rather than practical application. Art is often a synonym for fine art, as employed in the term "art gallery".
Historically, the five greater fine arts were painting, sculpture, architecture, music and poetry, with minor arts including drama and dancing. Today, the fine arts commonly include the visual art and performing art forms, such as painting, sculpture, collage/assemblage, installation, calligraphy, music, dance, theatre, architecture, photography and printmaking. However, in some institutes of learning or in museums fine art, and frequently the term fine arts (pl.) as well, are associated exclusively with visual art forms.
Background
One definition of fine art is "a visual art considered to have been created primarily for aesthetic purposes and judged for its beauty and meaningfulness, specifically, painting, sculpture, drawing, watercolor, graphics, and architecture."
The word "fine" does not so much denote the quality of the artwork in question, but the purity of the discipline. This definition tends to exclude visual art forms that could be considered craftwork or applied art, such as textiles. The visual arts has been described as a more inclusive and descriptive phrase for current art practice, and the explosion of media in which high art is now more recognized to occur.
The term is still often used outside of the arts to denote when someone has perfected an activity to a very high level of skill. For example, one might metaphorically say that "Pelé took football to the level of a fine art."
That fine art is seen as being distinct from applied arts is largely the result of an issue raised in Britain by the conflict between the followers of the Arts and Crafts Movement, including William Morris, and the early modernists, including Virginia Woolf and the Bloomsbury Group. The former sought to bring socialist principles to bear on the arts by including the more commonplace crafts of the masses within the realm of the arts, while the modernists sought to keep artistic endeavor as exclusive and esoteric.
Confusion often occurs when people mistakenly refer to the fine arts but mean the performing arts (music, dance, drama, etc.). However, there is some disagreement here, as, for example, at York University, fine arts is a faculty that includes the "traditional" fine arts, design, and the "performing arts". Furthermore, creative writing is frequently considered a fine art as well.
Painting and drawing
Drawing is a form of visual expression and is one of the major forms within the visual arts. Common instruments include graphite pencils, pen and ink, inked brushes, wax color pencils, crayons, charcoals, chalk, pastels, markers, stylus, or various metals like silverpoint. There are a number of subcategories of drawing, including cartooning.
Comics
Comics are a graphic medium in which images are utilized in order to convey a sequential narrative. Comics are typically seen as a low art, although there are a few exceptions, such as Krazy Kat and Barnaby. In the late 20th and early 21st century there has been a movement to rehabilitate the medium.
Mosaics
Mosaics are images formed with small pieces of stone or glass, called tesserae. They can be decorative or functional. An artist who designs and makes mosaics is called a mosaic artist or a mosaicist.
Printmaking and imaging
Printmaking is the process of making artworks by printing, normally on paper. Except in the case of monotyping, the process is capable of producing multiples of the same piece, which is called a print. Each print is considered an original, as opposed to a copy. The reasoning behind this is that the print is not a reproduction of another work of art in a different medium — for instance a painting — but rather an image designed from inception as a print. An individual print is also referred to as an impression. Prints are created from a single original surface, known technically as a matrix. Common types of matrices include: plates of metal, usually copper or zinc for engraving or etching; stone, used for lithography; blocks of wood for woodcuts, linoleum for linocuts and fabric in the case of screen-printing. But there are many other kinds, discussed below. Multiple nearly identical prints can be called an edition. In modern times each print is often signed and numbered forming a "limited edition." Prints may also be published in book form, as artist's books. A single print could be the product of one or multiple techniques.
Calligraphy
Calligraphy is a type of visual art. It is often called the art of fancy lettering. A contemporary definition of calligraphic practice is "the art of giving form to signs in an expressive, harmonious and skillful manner". Modern calligraphy ranges from functional hand-lettered inscriptions and designs to fine-art pieces where the abstract expression of the handwritten mark may or may not compromise the legibility of the letters.
Classical calligraphy differs from typography and non-classical hand-lettering, though a calligrapher may create all of these; characters are historically disciplined yet fluid and spontaneous, improvised at the moment of writing.
Photography
Fine art photography refers to photographs that are created to fulfill the creative vision of the artist. Fine art photography stands in contrast to photojournalism and commercial photography. Photojournalism provides visual support for stories, mainly in the print media. Fine art photography is created primarily as an expression of the artist’s vision, but has also been important in advancing certain causes. The work of Ansel Adams in Yosemite and Yellowstone provides an example. Adams is one of the most widely recognized fine art photographers of the 20th century, and was an avid promoter of conservation. While his primary focus was on photography as art, his work raised public awareness of the beauty of the Sierra Nevada and helped to build political support for their protection.
Sculpture
Sculpture is three-dimensional artwork created by shaping hard or plastic material, commonly stone (either rock or marble), metal, or wood. Some sculptures are created directly by carving; others are assembled, built up and fired, welded, molded, or cast. Because sculpture involves the use of materials that can be molded or modulated, it is considered one of the plastic arts. The majority of public art is sculpture. Many sculptures together in a garden setting may be referred to as a sculpture garden.
Conceptual art
Conceptual art is art in which the concept(s) or idea(s) involved in the work take precedence over traditional aesthetic and material concerns. The inception of the term in the 1960s referred to a strict and focused practice of idea-based art that often defied traditional visual criteria associated with the visual arts in its presentation as text. However, through its association with the Young British Artists and the Turner Prize during the 1990s, its popular usage, particularly in the UK, developed as a synonym for all contemporary art that does not practice the traditional skills of painting and sculpture.
Dance
Dance is an art form that generally refers to movement of the body, usually rhythmic and to music, used as a form of expression, social interaction or presented in a spiritual or performance setting. Dance is also used to describe methods of non-verbal communication between humans or animals (bee dance, patterns of behavior such as a mating dance), motion in inanimate objects (the leaves danced in the wind), and certain musical genres. In sports, gymnastics, figure skating and synchronized swimming are dance disciplines while martial arts kata are often compared to dances.
Theatre
Modern Western theatre is dominated by realism, including drama and comedy. Another popular Western form is musical theatre. Classical forms of theatre, including Greek and Roman drama, classic English drama including Shakespeare and Marlowe and French theater including Molière is still performed today. In addition, performances of classic Eastern forms such as Noh and Kabuki can be found in the West, although with less frequency.
Film
Fine arts film is a term that encompasses high quality motion pictures and the field of film as a fine art form. A fine arts movie theater is a venue, usually a building, for viewing such movies. Films are produced by recording images from the world with cameras, or by creating images using animation techniques or special effects. Films are cultural artifacts created by specific cultures, which reflect those cultures, and, in turn, affect them. Film is considered to be an important art form, a source of popular entertainment and a powerful method for educating — or indoctrinating — citizens. The visual elements of cinema give motion pictures a universal power of communication. Some films have become popular worldwide attractions by using dubbing or subtitles that translate the dialogue.
Cinematography is the discipline of making lighting and camera choices when recording photographic images for the cinema. It is closely related to the art of still photography, though many additional issues arise when both the camera and elements of the scene may be in motion.
Independent filmmaking often takes place outside of Hollywood, or other major studio systems. An independent film (or indie film) is a film initially produced without financing or distribution from a major movie studio. Creative, business, and technological reasons have all contributed to the growth of the indie film scene in the late 20th and early 21st century.
Architecture
Architecture is frequently considered a fine art, especially if its aesthetic components are spotlighted (in contrast to structural-engineering or construction-management components). Architectural works are perceived as cultural and political symbols and works of art. Historical civilizations are often known primarily through their architectural achievements. Such buildings as the pyramids of Egypt and the Roman Colosseum are cultural symbols, and are an important link in public consciousness, even when scholars have discovered much about a past civilization through other means. Cities, regions and cultures continue to identify themselves with (and are known by) their architectural monuments.
Andy Warhol’s biography
More than twenty years after his death, Andy Warhol remains one of the most influential figures in contemporary art and culture. Warhol’s life and work inspires creative thinkers worldwide thanks to his enduring imagery, his artfully cultivated celebrity, and the ongoing research of dedicated scholars. His impact as an artist is far deeper and greater than his one prescient observation that “everyone will be world famous for fifteen minutes.” His omnivorous curiosity resulted in an enormous body of work that spanned every available medium and most importantly contributed to the collapse of boundaries between high and low culture.
A skilled (analog) social networker, Warhol parlayed his fame, one connection at a time, to the status of a globally recognized brand. Decades before widespread reliance on portable media devices, he documented his daily activities and interactions on his traveling audio tape recorder and beloved Minox 35EL camera. Predating the hyper-personal outlets now provided online, Warhol captured life’s every minute detail in all its messy, ordinary glamour and broadcast it through his work, to a wide and receptive audience.
The youngest child of three, Andy was born Andrew Warhola on August 6, 1928 in the working-class neighborhood of Oakland, in Pittsburgh, Pennsylvania. Stricken at an early age with a rare neurological disorder, the young Andy Warhol found solace and escape in the form of popular celebrity magazines and DC comic books, imagery he would return to years later. Predating the multiple silver wigs and deadpan demeanor of later years, Andy experimented with inventing personae during his college years. He signed greeting cards “André”, and ultimately dropped the “a” from his last name, shortly after moving to New York and following his graduation with a degree in Pictorial Design from the Carnegie Institute of Technology (now Carnegie Mellon University) in 1949.
Work came quickly to Warhol in New York, a city he made his home and studio for the rest of his life. Within a year of arriving, Warhol garnered top assignments as a commercial artist for a variety of clients including Columbia Records, Glamour magazine, Harper’s Bazaar, NBC, Tiffany & Co., Vogue, and others. He also designed fetching window displays for Bonwit Teller and I. Miller department stores. After establishing himself as an acclaimed graphic artist, Warhol turned to painting and drawing in the 1950s, and in 1952 he had his first solo exhibition at the Hugo Gallery, with Fifteen Drawings Based on the Writings of Truman Capote. As he matured, his paintings incorporated photo-based techniques he developed as a commercial illustrator. The Museum of Modern Art (among others) took notice, and in 1956 the institution included his work in his first group show.
The turbulent 1960s ignited an impressive and wildly prolific time in Warhol’s life. It is this period, extending into the early 1970s, which saw the production of many of Warhol’s most iconic works. Building on the emerging movement of Pop Art, wherein artists used everyday consumer objects as subjects, Warhol started painting readily found, mass-produced objects, drawing on his extensive advertising background. When asked about the impulse to paint Campbell’s soup cans, Warhol replied, “I wanted to paint nothing. I was looking for something that was the essence of nothing, and that was it”. The humble soup cans would soon take their place among the Marilyn Monroes, Dollar Signs, Disasters, and Coca Cola Bottles as essential, exemplary works of contemporary art.
Operating out of a silver-painted, and foil-draped studio nicknamed The Factory, located at 231 East 47th Street, (his second studio space to hold that title), Warhol embraced work in film and video. He made his first films with a newly purchased Bolex camera in 1963 and began experimenting with video as early as 1965. Now considered avant-garde cinema classics, Warhol’s early films include Sleep (1963), Blow Job (1964), Empire (1963), and Kiss (1963-64). With sold out screenings in New York, Los Angeles, and Cannes, the split-screen, pseudo documentary Chelsea Girls (1966) brought new attention to Warhol from the film world. Art critic David Bourdon wrote, “word around town was underground cinema had finally found its Sound of Music in Chelsea Girls.” Warhol would make nearly 600 films and nearly 2500 videos. Among these are the 500, 4-minute films that comprise Warhol’s Screen Tests, which feature unflinching portraits of friends, associates and visitors to the Factory, all deemed by Warhol to be in possession of “star quality”.
Despite a brief self-declared retirement from painting following an exhibition of Flowers in Paris, Warhol continued to make sculptures (including the well known screenprinted boxes with the logos of Brillo and Heinz Ketchup) prints, and films. During this time he also expanded his interests into the realm of performance and music, producing the traveling multi-media spectacle, The Exploding Plastic Inevitable, with the Velvet Underground and Nico,
In 1968 Warhol suffered a nearly fatal gun-shot wound from aspiring playwright and radical feminist author, Valerie Solanas. The shooting, which occurred in the entrance of the Factory, forever changed Warhol. Some point to the shock of this event as a factor in his further embrace of an increasingly distant persona. The brush with death along with mounting pressure from the Internal Revenue Service (stemming from his critical stance against President Richard Nixon), seem to have prompted Warhol to document his life to an ever more obsessive degree. He would dictate every activity, including noting the most minor expenses, and employ interns and assistants to transcribe the content of what would amount to over 3,400 audio tapes. Portions of these accounts were published posthumously in 1987 as The Warhol Diaries.
The traumatic attempt on his life did not, however, slow down his output or his cunning ability to seamlessly infiltrate the worlds of fashion, music, media, and celebrity. His artistic practice soon intersected with all aspects of popular culture, in some cases long before it would become truly popular. He co-founded Interview Magazine; appeared on television in a memorable episode of The Love Boat; painted an early computer portrait of singer Debbie Harry; designed Grammy-winning record covers for The Rolling Stones; signed with a modeling agency; contributed short films to Saturday Night Live; and produced Andy Warhol’s Fifteen Minutes and Andy Warhol’s TV, his own television programs for MTV and cable access. He also developed a strong business in commissioned portraits, becoming highly sought after for his brilliantly-colored paintings of politicians, entertainers, sports figures, writers, debutantes and heads of state. His paintings, prints, photographs and drawings of this time include the important series, Skulls, Guns, Camouflage, Mao, and The Last Supper.
While in Milan, attending the opening of the exhibition of The Last Supper paintings, Warhol complained of severe pain in his right side. After delaying a hospital visit, he was eventually convinced by his doctors to check into New York Hospital for gall bladder surgery. On February 22, 1987, while in recovery from this routine operation, Andy Warhol died. Following burial in Pittsburgh, thousands of mourners paid their respects at a memorial service held at Manhattan’s St. Patrick’s Cathedral. The service was attended by numerous associates and admirers including artists Roy Lichtenstein, Keith Haring, and entertainer Liza Minnelli. Readings were contributed by Yoko Ono and Factory collaborator and close friend, Brigid Berlin.
Plans to house The Andy Warhol Museum in Pittsburgh were announced in 1989, two years after the establishment of the Andy Warhol Foundation for the Visual Arts. Through the ongoing efforts of both of these institutions, Andy Warhol remains not only a fascinating cultural icon, but an inspiration to new generations of artists, curators, filmmakers, designers, and cultural innovators the world over.
When Andy Warhol died unexpectedly on February 22, 1987, he left a vast and complicated inventory of works of art and personal possessions. His will dictated that his entire estate, with the exception of a few modest legacies to family members, should be used to create a foundation dedicated to the "advancement of the visual arts." In its early days, the Foundation brought artists, curators, administrators, educators, critics and others together to help it shape a responsive, committed and engaged philanthropic organization. The grantmaking program that grew out of these meetings and the Foundation’s ongoing efforts to protect and enhance its founder’s creative legacy ensure that Warhol’s inventive, open-minded spirit will have a profound impact on the visual arts for generations to come.
The primary focus of the Foundation’s grant making activity has been to support the creation, presentation and documentation of contemporary visual art, particularly work that is experimental, under-recognized, or challenging in nature. The program has been both pro-active in its approach to the field of cultural philanthropy and responsive to the changing needs of artists. A strong commitment to freedom of artistic expression led the Foundation to play an active advocacy role for artists during the culture wars of the 1990s and continues to inform its support of organizations that fight censorship, protect artists’ rights and defend their access to evolving technologies in the digital age.
Through cooperative exhibitions, loans and permanent placement of work in museums nationwide, the Foundation has ensured that the many facets of Warhol’s complex oeuvre are both widely accessible and properly cared for. Ongoing preservation and restoration of works in the Foundation’s care complement these efforts. In helping to establish the comprehensive collection and study center of The Andy Warhol Museum in Pittsburgh, the Foundation paved the way for new Warhol scholarship and curatorial innovation as well as greater public understanding of Warhol’s profound significance. The Foundation’s sustained support and oversight of thoroughly researched, extensively illustrated catalogues raisonné of Warhol’s entire artistic output expand the possibilities for scholarship even further.
The Foundation has used its ownership of the copyright to Warhol images as an opportunity to craft creative and responsible licensing policies that are friendly to scholars and artists wishing to use Warhol images for educational and creative purposes, and profitable to the Foundation when the images are used for commercial purposes. Revenues from licensing agreements add significantly to those earned through the continued sale of work from the Foundation’s remaining art collection, enabling the Foundation to build the endowment from which it makes cash grants to arts organizations around the country.
Today Andy Warhol’s impact on artists, art institutions and the creative culture of our country is stronger than ever. The Foundation’s programs and initiatives continue to evolve and expand to address the needs of the visual arts community nationwide.