20th, January 2012 A Study of Transitory Order/Marcel Tomášek (Preliminary consideration: even though the theme has been since the start of the intensive social change overwhelmingly undertaken in terms of ‘transition’ or ‘transformation’ today other conceptual ‘highlights’ and fields of academic study emerge in the picture (corruption, anthropology of ownership transformations, study of longer term social change in historical sociology rather than study of transition as current), following outline - although starting from these initially conceptually crucial terms - is meant to be not exclusive regarding these emerging academic perspectives of the phenomena I. Theoretical context: Transition/transformation, state capture or varieties of capitalism? For the specialists focusing on the Soviet Block the collapse of communism in 1989 was an equally great surprise as it was for the general public. Since the dynamics of change were apprehended as given by relatively gradual reforms in the Soviet Union, changes were depicted rather in terms known from earlier liberalizing waves within the context of communist vasal regimes (Poland 1956, Czechoslovakia 1968). Experts on the communist countries did not have ready scenarios designed to foresee further developments and answers to the eventuality of the collapse of the real socialist order and the unfolding dilemmas of the unavoidable shift to free-market democracy. 1. Transition or Transformation? Tracing down the roots of the initial analytical conceptualization of the happenings in Central Eastern Europe (transition) above indicated initial circumstance must be a key consideration in view of further shifts in conceptualizing the changes. This analytical frame, which originated in the course of assessing the developments in Latin America and Southern Europe, was to be critically reproached and reflected on from the position of regionally bounded post-collapse developments. This way the alternative conceptualization of unfolding change may have emerged and could be put under the inclusive label of ‘transformation’. Stark brought in this line a question of ‘paths that differ in kind and not simply in degree’(1992, 301) and the elements shaping the change which previously were understood in the analytical frame of ‘transition’ as the outright application of reform steps resulting from the decision-making processes explainable in line with rational choice axioms. The following methodological and conceptual debate dominated the field extensively even at the beginning of the second decade of change in CEE. The transition/transformation debate was the departure point for further discussion of the developments in CEE (for ex. Dobry 2000, 49-70, Federowitz 2000, 91-106, Greskovits 2000, 19 – 48, Bunce 2000, 71- 90, Bonker, Muller, Pickel 2002, 1-38, Csaba 2002, 39-54, Greskovits 2002, 219-246). What are the advantages and disadvantages of the single concepts in the transition/transformation debate? Transition, as characterized by the desired outcome firmly encoded in the concept as the ‘extrication path,’ is the sequence of the reform steps to be undertaken in the given concrete context to achieve a particular set of results. Precisely this teleological character of ‘transition’ has been the point of departure for the ‘transformation’ reassessment of the happenings in CEE. In this past-bound analytical frame it is unclear where the path-dependence leads,what the result of ‘transformation’ as each society ‘extricates’ itself from previous system in a particular way will be. Its further path is given by concrete fragments, and the way they are recombined in the new regime. Przeworski’s characterization of democratization as not given ‘by the point of departure’ but rather by the ‘games of the transition,’ (Przeworski 1991 as quoted by Bunce 2000, 73) as springing from inclusiveness emerging in the course of moving toward the goal, has got particular significance for our inquiry. The necessity of accenting more extensively the deeper and essentially simultaneous character of not only the comprehensive political but also the fundamentally economic (perhaps in the first place) and not the least essential social ‘transitions’ comes into play here. While in the accounts of ‘transition’ that originated through assessing the developments in Latin America and Southern Europe the fundamental issue was the achievement of democratic process and establishing it as ‘the only game in town’, in most post-communist CEE countries, the truly lasting core of transition developments rested in the economic changes (although Latin American and South European countries were frequently subjected to extensive state dirigisme, essentially, no matter how rudimentary their markets happened to be, they were substantially free market societies). In post-communist societies much more fundamental simultaneity was at stake—even as far as the actual ‘democratization’—in that the institutional shift to a democratic frame was quite obvious and essentially unavoidable step following the decomposition of the communist regimes. The really contested and uncertain focal point of change was in the arena of economic undertakings (in view of the need to reconstitute the state-run, hierarchically structured and centrally planned economy). The unfolding economic changes became the key battleground (and the major segment of ‘the only game in town’), even if perhaps in the guise of pluralist political contestation. In this line, it may be argued that the ‘game of economic transition’ emerging in the course of socio-economic changes is thus, in the post-communist context, the primary arena of transitory politics. Bunce, in her comparative theoretical assessment of post-communist and Latin American and Southern European transitions, points out shared reservations about the low compatibility of macroeconomic stabilization, privatization and free-trade reforms and democratic institution-building (as described by Linz and Stephan 1995, Haggart and Kaufman 1995), and in line with other authors acknowledges their problematic compatibility as a particularly explicit problem of the post-communist context (Przeworski 1993, Mason 1995, Ost 1995). The key factor in this ‘sharp deviation from southern norm’ (Bunce 2000, 80-81) was a hastily unfolding democracy as correlated with the fast switch to a free market (Bunce 2000).However, in Bunce’s understanding, ‘in the East then democracy goes with, not against economic reform’ (Bunce 2000, 81). Bunce goes even further by claiming that breakage with the authoritarian past—in the form of a victory by the non-communist liberal opposition in the first competitive election—predicted quite well the degree of economic reform in the postcommunist region (Bunce 2000, 81).This claim may maintain validity when differentiating central European countries from the countries of South Eastern Europe but particularly within the internal central European context—this causality chain emerges as much more complex and ambiguous. As Bunce herself noticed, this indicated “law” relates, to a large extent, to the fact that ‘engineering a transition to capitalism and liberal democracy is tied up and proceeds together’ (2000, 81). This simultaneous character of ‘transition’ stands also behind the political honeymoon enjoyed by governments in the initial time period on the one hand and, on the other, enhances ‘the ex-communists to focus their attention on future prospects, rather then past advantages’ (Bunce 2000, 82), and leads thus to converting their political capital into economic capital. However, both of these elements, while initially advancing economic change, at the same time carry dubious baggage. In contrast to the example of Polish changing governments in the first half of 90’s, the case of the Czech Republic Right-center coalition governments persisting until 1997 highlights the fact that even a long-persisting seemingly pro-reform environment complementing almost an ideal political constellation (relative stability of outspokenly pro-reform declared political representation with long negligible opposition) does not guarantee the actual advancement and accomplishment of the required sequence of reforms. 2. Transformation and Path-dependency In the explanatory frame of transition, post-communist societies breaking off from their authoritarian/totalitarian past—due to certain institutional loosening—emerge as suitable terrain for erecting “capitalism by design”. Proponents of ‘transformation’ find in this core-theme fuel for their criticisms. ‘The new does not come from the new or from nothing but from reshaping existing resources’ (Stark 1992). Stark puts emphases on ‘fragmented relicts’ that in their reassembled and reconfigured form determine the path of the change. Along with these, however, the particular ‘extrication path’ from the previous regime is also extensively at play, shaping further change. Dobry (2000, 60) identifies a variety of essential causal imaginaries of path dependence approaches (classical-technological development based ‘theoretical enigma’, ‘little historical event’, ‘social mechanisms of self-consolidation and self-enforcement of reproduction of initial advantages’). Relocating the focus on ‘actors’ choices’ and ‘their tactical dilemmas’ with emphases on the process of recombination and reshaping the elements inherited from the old regime has been taken as the cornerstone of the paradigmatic shift which resulted in emphasizing so-called ‘communist legacies’ in the general picture of the CEE post-communist setting. ‘Communist legacies,’ in the face of the first extensively exposed trends of omission of the application and the sequence of the reforms, thus become in the second half of the ’90s the explanation at hand which substantially marked the analytical perception of stumbling reforms in CEE. Getting to the paradoxical essence of the historical and technological legacies bounded explanations, Graber and Stark state that ‘the very mechanisms that foster allocative efficiency might eventually lock in economic development to a path which is inefficient viewed dynamically’(1997, 5). In this sense, ‘the mechanisms that are conductive for the synchronic adaptation of the economy to specific environment may, at the same time undermine economy’s diachronic adaptability’ (1997, 5). The legacies remained the focus of Graber’s and Stark’s attention in the hunt for shapers of new orders, however, in their ‘dual potential’ to block and support ‘transformation’. But is looking for the sources of these ‘stumbles’ in institutional and organizational legacies of the communist regime and in the recombination of the structural elements of the previous communist regimes the right answer? Probably the sharpest argument in that direction have been put forward by Staniszkis (1999) when explicitly describing ‘political capitalism’ that came into being in CEE as institutional extension of mercantilist strategies characteristic for the last years of communism (formation of networks and redistributing coalitions determining coming post-communism). In looking at the core stumbling changes, meaning those representing the major processes of the cardinal switch from the state-firms based, planned and directive economy, to the private enterprise-dominated free-market economy, it clearly emerges that although the processes have occurred in general in the circumstances of institutional ‘bricolage’, the core changes occurred anew, rather than being principally built on the institutional and organizational elements of the ‘old regime’. The question is, if fundamental stumbling and misdirection of the changes in CEE countries resulting in detours, which effectively prolong the whole process of switching to more Western European-like or Euro-Atlantic-like socio-economic and political patterns, took place primarily due to the communist institutional inheritances, or if they were rather the result of the new coming-into-existence only in the course of change. Bruszt (2000), when comparing happenings in Russia and the Czech Republic, speaks of the consequences of state regulation too willingly neglected to characterize and explain the property structure that had emerged in a manner allowing for the exploitation of its position in terms of weakening the market character of the economy. The question of the unintended consequences of neglected state regulation in the Czech Republic is at the center of the debate about the changes of the early ’90s as critically marking the character of the Czech road to capitalism essentially to the present day. The designers of the Czech privatization have openly acknowledged counting on an intentional neglect of state regulation as a suitable feature for initiating and boosting the free market type of economy in the post-communist socio-economic and political context (Tomáš Ježek's: ‘Economists must come before lawyers’, Václav Klaus's ‘I do not recognize something as dirty money’). So far for the Czech context, in view of these ‘unexpected’ consequences, it may be claimed on the base of pronouncements of the key designers and implementers of privatization scheme, that this, in Bruszt’s understanding, unintended neglect of state regulation was the feature of the intended sequence of the changes in economy and build up of a new economic order. Even as it was becoming clear that this new economic order is only partly reconceivable with the designated goal patterns of free-market economy as known from the Euro-Atlantic area the necessary adjustments measures were deliberately delayed and hindered and finally at the moment of implementation usually scaled down to constrain their effect (for ex. regulation of the Czech capital market as pushed for by Tomáš Ježek after he came to terms with the need of self-preserving regulation in free-markets). 3. State Capture or Varieties of Capitalism? The third—and somewhat overlooked—wave is associated with such concepts as premature consolidation (Richard 1996), restoration (Wnuk-Lipinski 1999), and state capture (Hellman 1998, Hellman, Jones, Kaufmann 2000, 2003), that in varying degrees indicate the limited capability of the transitory order to evolve in the direction of advanced free-market societies as a result of rent-seeking mechanisms and associated vicious circles. These result from an overlap of already newly emerged socio-economic and political interests that have been affecting the regulation and institutional build-up of newly constructed socio-economic and political systems. With the deconstruction of communist regimes frequently rather taking shape of collapse the CEE countries have advanced relatively fast toward "a free market without adjectives" (favorite Vaclav Klaus's expression and desired outcome) which however suffered from a variety of structurally produced pathological phenomena that in qualitative terms, was not far from that existing in many of the Latin American countries. For CEE countries not proceeding much further from this rudimentary state the breaking point happened to be associated closely with reasoning in the direction of corrective effect of increased foreigner direct investment and improved institutional environment due to the imposition of the EU law requirements (immediately preceding the EU membership or following the actual entering the EU), however, how far this ‘Europeanization’ made the trick? Throughout the last decade a discourse of ‘varieties of capitalism’ has achieved prominence in assessing the current unstable state and changes of long steadily developing post-war welfare capitalism (Soskice, Hall 2001; Elsner, Hanappi - eds. 2008, Hancké - ed. 2009). Is identifying particular practices of CEE capitalism within this frame as suggested by Lane and Myant (eds. 2007) the answer to the analytical dilemma? Table no. 1: Three waves of conceptualizing the social change in CEE (Tomášek 2005) 1 2 3 Identified condition Next stage or implications transition (Linz, Stepan 1995) democratic consolidation transformation (Grapher, Stark (eds.) 1997, Chavance, Mognin E., 1997, Stark, Bruszt communist legacies, path-dependency 1998) premature consolidation (Rychard 1996), restoration (Wnuk-Lipinski 1999), state Europeanization capture (Hellman 1998, Hellman, Jones, Kaufmann 2000, 2003) II. Research Theme 1) The research project is to investigate patterns of practice as they were associated primarily with the stage of the change which may be labeled as post-privatization/secondary privatization (19952004). By this is meant not the actual act of small and 2 waves of large scale privatization in the period of 1990 - 1994 considered by the decision-makers, at the time, to be the actual ‘transition’ but the period of factual privatization/post-privatization. The process leading to emergence of the actual owners started in decisive extent by the formal close of the ‘large privatization’ bringing with it transfer of essential part of ownership in the economy to millions of individual share-holders. However, their shares happened to be managed and factually controlled mostly by IPFs (Investment Privatization Funds) that were supposed to represent their interests. IPFs were established extensively by state-dominated banks (among other entities) that in most of the instances were to remain that way still for many years to come – essentially till the beginning of the new millennium and negotiating the EU membership (made unrestrained public – privatization related – support for various economic entities and other financial flows in between state and private sector illegal). 2) The second period in the focus is the one since the entering the EU till today (2004-2011) as being closely related to usual reasoning in the direction of corrective effect of increased FDI and improved institutional environment due to the imposition of the EU law requirements (immediately preceding the EU membership or following the actual entering EU). The purpose of this time divide is to established specific features of prevailing patterns of undertakings by the actors in the economic sphere and at the overlap of economy and politics in these two periods as the post-2004 period stands for legally sanctioned belonging to the Euro-Atlantic type of advanced free-market society or at least immediately approaching it (since it is assumed that transitory rent-seeking, rent-creating mechanisms and associated vicious circles in intersecting spheres of politics and economy, in the wordings of 3rd conceptual wave, have been violated through the process of ‘Europeanization’). III. Relevance of the Research Theme to the Conceptual Debate Above outlined periods and time divides point to the crucial happenings and occurrences really determining the resulting ownership structure constituting the long-term base of the Czech native part of the Czech economy (truly substantive privatization process through what is commonly overlooked only as post-privatization or secondary privatization developments constituting already ‘business as usual’ in a regular market economy). This gets essential relevance for the transition/transformation/state capture/varieties of capitalism conceptual debate and touches the central issues of these conceptualizations concerning how far the socio-cultural consequences of the communist legacies have been involved in prolonged persistence of transitory features in the period of post-privatization/secondary privatization or adversely to what degree the existence of prolonged transitory order has been the result of shorter-term determinants based in newly reconfigured economic and political realms and dependent on mutual interference of those and to what extent these more recent shorter-term elements are at play even at present. IV. Method Analysis of the particular instances of developments and undertakings in the economy and in intersecting spheres of politics and economy in the Czech Republic – various stages in the development of discourses and the ways how situations and incidents are framed. The empirical source for the inquiry are at the first stage - the particular instances of happenings and problematic undertakings in the economy and at the overlap of politics and economy as they are registered and referred to in weekly and daily periodicals (1994-2004 – Respekt, Ekonom, and for the period 2004-2011 – Respekt, Ekonom, Mladá fronta, Lidové noviny, Hospodářské noviny) (in order to delineate qualitatively the variety, forms and extent of the phenomena). In the 2nd – follow-up stage written conceptual and analytical materials and positions concerning happenings and problematic undertakings indicated in the 1st phase from the production of concerned governmental and public administration institutions are to be analyzed. Analysis of qualitative data is most likely to employ extensively grounded theory (though it may seem as unconventional as no active interviewing with actors is to take place – so it is to be utilized primarily in the way of various stages of coding and building up of own ‘grounded’ theory from that) and frame analysis (and other Goffman’s inspirations particularly regarding the analysis of media content). (Year Time Plan:1st data collection, literature review,2nd analysis, writing, 3rd literature update, completing, 4th publication) Sources: Bonker, R., Muller, K. et Pickel, A. (2002), “Cross-Disciplinary Approaches to Postcommunist Transformations: Context and Agenda”, in: Bonker, R., Muller, K. et Pickel, A (Eds.) Postcommunist Transformation and the Social Sciences. Cross-Disciplinary Approaches, Rowman, Littlefield Publishers, Lanham, p 219-246. Bunce, V. (2000), “The Place of Place in Transitions to Democracy”, in: Dobry, M. (Ed.) 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