Nationalism and the Rule of Law


Book Description

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




After Nationalism


Book Description

Nationalism is on the rise across the Western world, serving as a rallying cry for voters angry at the unacknowledged failures of globalization that has dominated politics and economics since the end of the Cold War. In After Nationalism, Samuel Goldman trains a sympathetic but skeptical eye on the trend, highlighting the deep challenges that face any contemporary effort to revive social cohesion at the national level. Noting the obstacles standing in the way of basing any unifying political project on a singular vision of national identity, Goldman highlights three pillars of mid-twentieth-century nationalism, all of which are absent today: the social dominance of Protestant Christianity, the absorption of European immigrants in a broader white identity, and the defense of democracy abroad. Most of today's nationalists fail to recognize these necessary underpinnings of any renewed nationalism, or the potentially troubling consequences that they would engender. To secure the general welfare in a new century, the future of American unity lies not in monolithic nationalism. Rather, Goldman suggests we move in the opposite direction: go small, embrace difference as the driving characteristic of American society, and support political projects grounded in local communities.




Nationalism, Racism and the Rule of Law


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.




Constitutional Nationalism and Legal Exclusion


Book Description

This book analyses the evolution of constitutional nationalism in Nepal. Examining the various stages in the constitutional history of Nepal, it also comparatively analyses legal developments in India.




The Case for Nationalism


Book Description

It is one of our most honored clichés that America is an idea and not a nation. This is false. America is indisputably a nation, and one that desperately needs to protect its interests, its borders, and its identity. The Brexit vote and the election of Donald Trump swept nationalism to the forefront of the political debate. This is a good thing. Nationalism is usually assumed to be a dirty word, but it is a foundation of democratic self-government and of international peace. National Review editor Rich Lowry refutes critics on left and the right, reclaiming the term “nationalism” from those who equate it with racism, militarism and fascism. He explains how nationalism is an American tradition, a thread that runs through such diverse leaders as Alexander Hamilton, Teddy Roosevelt, Martin Luther King, Jr., and Ronald Reagan. In The Case for Nationalism, Lowry explains how nationalism was central to the American Project. It fueled the American Revolution and the ratification of the Constitution. It preserved the country during the Civil War. It led to the expansion of the American nation’s territory and power, and eventually to our invaluable contribution to creating an international system of self-governing nations. It’s time to recover a healthy American nationalism, and especially a cultural nationalism that insists on the assimilation of immigrants and that protects our history, civic rituals and traditions, which are under constant threat. At a time in which our nation is plagued by self-doubt and self-criticism, The Case for Nationalism offers a path for America to regain its national self-confidence and achieve continued greatness.




Nationalism and Human Rights


Book Description

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.




Border and Rule


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.




Sovereignty and the New Executive Authority


Book Description

The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.




A World Divided


Book Description

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.




Imperial Rule and the Politics of Nationalism


Book Description

During the first half of the twentieth century, movements seeking political equality emerged in France's overseas territories. Within twenty years, they were replaced by movements for national independence in the majority of French colonies, protectorates, and mandates. In this pathbreaking study of the decolonization era, Adria Lawrence asks why elites in French colonies shifted from demands for egalitarian and democratic reforms to calls for independent statehood, and why mass mobilization for independence emerged where and when it did. Lawrence shows that nationalist discourses became dominant as a consequence of the failure of the reform agenda. Where political rights were granted, colonial subjects opted for further integration and reform. Contrary to conventional accounts, nationalism was not the only or even the primary form of anti-colonialism. Lawrence shows further that mass nationalist protest occurred only when and where French authority was disrupted. Imperial crises were the cause, not the result, of mass protest.