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Author: Iavor Rangelov
Publisher: Cambridge University Press
ISBN: 1107652898
Category : Law
Languages : en
Pages : 231
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Book Description
The relationship between nationalism and the rule of law has been largely neglected by scholars although separately they have often captured public discourse and have emerged as critical concepts. This book provides the first systematic account of this relationship. It develops an analytical framework for understanding the interactions of nationalism and the rule of law by focusing on the domains of citizenship, transitional justice and international justice. The book engages these insights further in a detailed empirical analysis of three case studies from the former Yugoslavia. The author argues that while the tensions and contradictions between nationalism and the rule of law have become more apparent in the post-Cold War era, they can also be harnessed for productive purposes. In exploring the role of law in managing and transforming nationalism, the book emphasises the deliberative character of legal processes and offers an original perspective on the power of international law to reshape public discourse, politics, and legal orders.
Author: Iavor Rangelov
Publisher: Cambridge University Press
ISBN: 1107652898
Category : Law
Languages : en
Pages : 231
Get Book
Book Description
The relationship between nationalism and the rule of law has been largely neglected by scholars although separately they have often captured public discourse and have emerged as critical concepts. This book provides the first systematic account of this relationship. It develops an analytical framework for understanding the interactions of nationalism and the rule of law by focusing on the domains of citizenship, transitional justice and international justice. The book engages these insights further in a detailed empirical analysis of three case studies from the former Yugoslavia. The author argues that while the tensions and contradictions between nationalism and the rule of law have become more apparent in the post-Cold War era, they can also be harnessed for productive purposes. In exploring the role of law in managing and transforming nationalism, the book emphasises the deliberative character of legal processes and offers an original perspective on the power of international law to reshape public discourse, politics, and legal orders.
Author: Peter Fitzpatrick
Publisher: Dartmouth Publishing Company
ISBN: 9781855215542
Category : Law
Languages : en
Pages : 223
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Book Description
Through explorations of how identities are created in law, this collection reveals often surprising yet highly significant connections between nationalism, racism and the rule of law. This pursuit of law's 'dark side' ranges widely over the New Europe, East and West and over North America and South Africa, for example. It also ranges widely over many areas of legal study and practice over the social theory of law, over laws relating to citizenship, children, gender, immigrants and refugees and over new legal 'spaces' now being created regionally and globally. In all this, the rule of law itself is shown to result from the conflict between its dependence on national and racial identities and its opposition to them.
Author: Iavor Rangelov
Publisher:
ISBN:
Category : Academic theses
Languages : en
Pages : 0
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Book Description
Author: Derya Bayir
Publisher: Routledge
ISBN: 1317095804
Category : Law
Languages : en
Pages : 320
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Book Description
Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.
Author: Iavor Rangelov
Publisher: Cambridge University Press
ISBN: 1107012198
Category : History
Languages : en
Pages : 231
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Book Description
This book provides the first systematic account of the relationship between nationalism and the rule of law.
Author: Harsha Walia
Publisher: Haymarket Books
ISBN: 1642593885
Category : Political Science
Languages : en
Pages : 307
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Book Description
In Border and Rule, one of North America’s foremost thinkers and immigrant rights organizers delivers an unflinching examination of migration as a pillar of global governance and gendered racial class formation. Harsha Walia disrupts easy explanations for the migrant and refugee crises, instead showing them to be the inevitable outcomes of the conquest, capitalist globalization, and climate change that are generating mass dispossession worldwide. Border and Rule explores a number of seemingly disparate global geographies with shared logics of border rule that displace, immobilize, criminalize, exploit, and expel migrants and refugees. With her keen ability to connect the dots, Walia demonstrates how borders divide the international working class and consolidate imperial, capitalist, and racist nationalist rule. Ambitious in scope and internationalist in orientation, Border and Rule breaks through American exceptionalist and liberal responses to the migration crisis and cogently maps the lucrative connections between state violence, capitalism, and right-wing nationalism around the world. Illuminating the brutal mechanics of state formation, Walia exposes US border policy as a product of violent territorial expansion, settler-colonialism, enslavement, and gendered racial ideology. Further, she compellingly details how Fortress Europe and White Australia are using immigration diplomacy and externalized borders to maintain a colonial present, how temporary labor migration in the Arab Gulf states and Canada is central to citizenship regulation and labor control, and how racial violence is escalating deadly nationalism in the US, Israel, India, the Philippines, Brazil, and across Europe, while producing a disaster of statelessness for millions elsewhere. A must-read in these difficult times of war, inequality, climate change, and global health crisis, Border and Rule is a clarion call for revolution. The book includes a foreword from renowned scholar Robin D. G. Kelley and an afterword from acclaimed activist-academic Nick Estes.
Author: Hilly Moodrick-Even Khen
Publisher: BRILL
ISBN: 9004294333
Category : Law
Languages : en
Pages : 223
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Book Description
In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states.
Author: Agustín José Menéndez
Publisher: Springer Science & Business Media
ISBN: 904818942X
Category : Philosophy
Languages : en
Pages : 301
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Book Description
This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.
Author: David Wippman
Publisher: Cornell University Press
ISBN: 1501730061
Category : Political Science
Languages : en
Pages : 367
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Book Description
The breakup of the former Yugoslavia demonstrates the limitations of international law in the face of ethnic conflict. The contributors to this book examine the various roles international law and international institutions play in dealing with ethnic conflict. International Law and Ethnic Conflict first covers general philosophical, historical, and cultural issues arising from attempts to apply international law to ethnic conflict. The authors assess the legitimacy of demands based on group identity, the legal rights of ethnic groups, the validity of various entitlement claims, and the meaning of statehood. They then consider the institutional and policy responses of international organizations and states in their attempts to deal with ethnic conflict and analyze the extent to which various forms of intervention prove successful.
Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191576204
Category : Law
Languages : en
Pages : 144
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Book Description
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.
