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Nationalism and the Rule of Law

Nationalism and the Rule of Law
Author: Iavor Rangelov
Publisher: Cambridge University Press
Total Pages: 231
Release: 2013-10-31
Genre: Law
ISBN: 1107652898

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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.


Nationalism, Racism and the Rule of Law

Nationalism, Racism and the Rule of Law
Author: Peter Fitzpatrick
Publisher: Dartmouth Publishing Company
Total Pages: 223
Release: 1995-01-01
Genre: Law
ISBN: 9781855215542

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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.


Nationalism and the Rule of Law

Nationalism and the Rule of Law
Author: Iavor Rangelov
Publisher:
Total Pages: 0
Release: 2009
Genre: Academic theses
ISBN:

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Minorities and Nationalism in Turkish Law

Minorities and Nationalism in Turkish Law
Author: Derya Bayir
Publisher: Routledge
Total Pages: 320
Release: 2016-04-22
Genre: Law
ISBN: 1317095804

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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.


Nationalism and the Rule of Law

Nationalism and the Rule of Law
Author: Iavor Rangelov
Publisher: Cambridge University Press
Total Pages: 231
Release: 2014
Genre: History
ISBN: 1107012198

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This book provides the first systematic account of the relationship between nationalism and the rule of law.


Nationalism and Human Rights

Nationalism and Human Rights
Author: G. Cheng
Publisher: Springer
Total Pages: 193
Release: 2012-02-14
Genre: Political Science
ISBN: 1137012021

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By critically addressing the tension between nationalism and human rights that is presumed in much of the existing literature, the essays in this volume confront the question of how we should construe human rights: as a normative challenge to the excesses of modernity, particularly those associated with the modern nation-state, or as an adjunct of globalization, with its attendant goal of constructing a universal civilization based on neoliberal economic principles and individual liberty.


International Law: A Very Short Introduction

International Law: A Very Short Introduction
Author: Vaughan Lowe
Publisher: OUP Oxford
Total Pages: 145
Release: 2015-11-26
Genre: Law
ISBN: 0191576204

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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.


Border and Rule

Border and Rule
Author: Harsha Walia
Publisher: Haymarket Books
Total Pages: 307
Release: 2021-02-09
Genre: Political Science
ISBN: 1642593885

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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.


A World Divided

A World Divided
Author: Eric D. Weitz
Publisher: Princeton University Press
Total Pages: 574
Release: 2021-06
Genre: History
ISBN: 0691205140

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A global history of human rights in a world of nations that grant rights to some while denying them to others Once dominated by vast empires, the world is now divided into some 200 independent countries that proclaim human rights—a transformation that suggests that nations and human rights inevitably develop together. But the reality is far more problematic, as Eric Weitz shows in this compelling global history of the fate of human rights in a world of nation-states. Through vivid histories from virtually every continent, A World Divided describes how, since the eighteenth century, nationalists have established states that grant human rights to some people while excluding others, setting the stage for many of today’s problems, from the refugee crisis to right-wing nationalism. Only the advance of international human rights will move us beyond a world divided between those who have rights and those who don't.


The Case for Nationalism

The Case for Nationalism
Author: Rich Lowry
Publisher: HarperCollins
Total Pages: 281
Release: 2019-11-05
Genre: History
ISBN: 0062839675

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“Rich Lowry not only makes an original and compelling case for nationalism but also carefully demonstrates how throughout Western history and literature, enlightened nationhood was the glue that held diverse democratic societies together in peace and kept them safe in war. A fascinating, erudite—and much-needed—defense of a hallowed idea unfairly under current attack.” — Victor Davis Hanson “America is an idea, but it’s not only an idea: America is also a nation with flesh-and-blood people, particular lands with real borders, and its own history and culture. Rich Lowry’s learned and brisk The Case for Nationalism defends these unfashionable truths against transnational assault from both the left and the right while reminding us that nationalist sentiments are essential to self-government.” — Tom Cotton “Rich Lowry’s The Case for Nationalism is a massively important exploration of what nationalism really means, how it has been radically misinterpreted, and why American nationalism, properly construed, is essential to the project of restoring unity and purpose in our country.” — Ben Shapiro “Anyone who loves freedom knows that nothing today is more tragically misunderstood than the vital subject of this important book. I thank God that someone of the caliber of my friend Rich Lowry has taken it on as he so brilliantly has!” — Eric Metaxas