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Volume IV, Issue II (April 2006) - Columbus School of Law

Volume IV, Issue II (April 2006) - Columbus School of Law

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‘a bewildering array <strong>of</strong> the good, the bad, and the outright bizarre.’ 7 Indeed, as pointed out byThomas Carothers <strong>of</strong> the Carnegie Endowment for International Peace, civil society includeseveryone from the Russian mafia and militia groups from Montana to a local parent-teacherassociation. 8 Although ‘ some civil society groups may stand for “higher” – that is, non-material– principles and values, … much <strong>of</strong> civil society is preoccupied with the pursuit <strong>of</strong> private andfrequently parochial and grubby ends.’ 9On the brighter side, <strong>of</strong> course, civil society does include those groups which are struggling tocreate balance against the strong arm <strong>of</strong> the state, to achieve or maintain democracy, andotherwise to improve the quality <strong>of</strong> life for citizens within a given state or even globally. Asoptimistically described by another scholar <strong>of</strong> civil society and democracy, Larry Diamond, civilsocietyinvolves citizens acting collectively in a public sphere to express their interests,passions, and ideas, exchange information, achieve mutual goals, make demands on thestate, and hold state <strong>of</strong>ficials accountable. … Civil society encompasses “the ideologicalmarketplace” and the flow <strong>of</strong> information and ideas … [including] institutions belongingto the broader field <strong>of</strong> autonomous cultural and intellectual activity – universities, thinktanks, publishing houses, theaters, film production companies, and artistic networks. 10In fact, Diamond disagrees with the definition <strong>of</strong> civil society as ‘some mere residual category,synonymous with … everything that is not the state,’ 11 and he instead characterizes civil societymore heroically as having the following inherent qualities:(1) Civil society concerns itself ‘with public rather than private ends,’ distinguishing it fromother social groups, including political parties which might seek state power; 12(2) Civil society ‘relates to the state in some way but does not aim to win formal power or<strong>of</strong>fice in the state:’ instead, ‘civil society organizations seek from the state concessions, benefits,policy changes, relief, redress, or accountability’ and do not desire to ‘capture state power for thegroup per se;’ 13(3) Civil society ‘encompasses pluralism and diversity:’ in fact, Diamond goes so far as toassert that, ‘[t]o the extent that an organization – such as a religious fundamentalist, ethnicchauvinist, revolutionary, or millenarian movement – seeks to monopolize a functional orpolitical space in society, claiming that it represents the only legitimate path, it contradicts thepluralistic and market-oriented nature <strong>of</strong> civil society;’ 14 and(4) Civil society is distinguished by its ‘partialness,’ such that ‘no group in civil societyseeks to represent the whole <strong>of</strong> a person’s or community’s interests. Rather, different groupsrepresent different interests.’ 157 Carothers, above n 2, 20.8 Ibid.9 Ibid 21.10 Larry Diamond, ‘Toward Democratic Consolidation’ in Larry Diamond and Mark F. Plattner (eds), TheGlobal Resurgence <strong>of</strong> Democracy (1996) 228-229.11 Ibid 229.12 Ibid.13 Ibid.14 Ibid 229-230.15 Ibid 230.9

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