Download Nationalism and the Rule of Law: Lessons from the Balkans by Iavor Rangelov PDF

April 5, 2017 | Legal Theory Systems | By admin | 0 Comments

By Iavor Rangelov

The connection among nationalism and the guideline of legislation has been mostly ignored through students even though individually, they've got frequently captured public discourse and feature emerged as severe innovations for the social sciences. This publication offers the 1st systematic account of this dating. the main target of the e-book is to boost an analytical framework for figuring out the interactions of nationalism and the guideline of legislations by means of concentrating on the domain names of citizenship, transitional justice, and foreign justice. The ebook engages those insights extra in an in depth empirical research of 3 case reports from the previous Yugoslavia. the writer argues that whereas the tensions and contradictions among nationalism and the guideline of legislations became extra obvious within the post-Cold battle period, they could even be harnessed for efficient reasons. In exploring the function of legislation in handling and remodeling nationalism, the booklet emphasizes the deliberative personality of criminal tactics and gives an unique point of view at the strength of overseas legislations to reshape public discourse, politics, and felony orders.

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Such state-driven projects tend to define “nation” in ethnocultural terms, emphasizing markers such as descent, language, or religion, and use it as a quasi-legal category in constructing citizenship regimes that formalize, to varying degrees, social hierarchies and dynamics of discrimination and exclusion. I examine such projects as examples of ethnic citizenship, by which I mean a particular form of differentiated membership defined in ethnic terms and enshrined in law. To maintain my focus on such uses of the law, I limit the discussion in ways that circumvent much of the scholarship that has applied a citizenship lens to diverse forms of exclusion and discrimination that may be less formalized but are equally important.

The political upheaval in large parts of the Middle East and North Africa has revived the importance of many questions raised in previous “waves of democratization” (Huntington 1991). ” Such loss of legitimacy, combined with insecurity and uncertainty about the future, proved to be a potent source of nationalist mobilization in the former Yugoslavia, where many citizens of the disintegrating state were transformed overnight into minorities in the new nation-states. See, for example, Hayden (1992) and Mann (2005).

The legal articulation of ethnic citizenship in Japan is complex and multilayered, combining a variety of strategies of incorporation and exclusion, reflecting significant historical continuities and an ongoing process of adaptation. Constructing this complex constellation has involved adopting policies effectively disenfranchising and denaturalizing ethnic minorities, which go back to the post-war period; legislating in ways that preclude immigrants and their descendents from acquiring Japanese citizenship; and extending some recognition to the indigenous Ainu but without the requisite rights that may allow them to challenge their historical status as second-class citizens of the Japanese state.

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