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Journal articles on the topic "Other law and legal studies not elsewhere classified"

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Hinghofer-Szalkay, Stephan G. "Empirical Legal Studies, Comparative Constitutional Law and Legal Doctrine: Bridging the Gaps." Review of Central and East European Law 43, no. 4 (November 17, 2018): 383–410. http://dx.doi.org/10.1163/15730352-04304002.

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This article looks into the viability of approaches to engaging in empirical comparative constitutional legal analysis. Quantifying the words contained in constitutions, while by no means irrelevant, can only be an element in this. Their actual importance according to case law and other empirical data highlights the need for caution in drawing far-ranging comparative conclusions from such quantifications for constitutional legal systems. It is argued that the key phenomenon driving these systems can be found elsewhere: In the paradigmatic concepts of a particular system of legal scholarship, other epistemic communities, or society at large. However, while this phenomenon can be empirically studied, any meaningful study necessitates intimate knowledge of legal scholarship as the meaning of communicative symbols involved can strongly diverge from the paradigmatic concepts of (other) social sciences. Central and East European (cee) constitutional legal systems can be of special interest in this regard due to both close similarities and considerable variations of both positive law and the paradigms of legal scholarship and political thought. Ultimately, an empirical analysis requires a holistic and systematic approach to understanding constitutional systems, including positive law and the paradigms driving it analyzed with quantitative as well as qualitative tools. Otherwise, the push for empirical comparative constitutional legal research may thwart its goal of accurately depicting the observable world, and, in the case of quantitative analyses, can run counter to the goal pursued.
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Hambler, Andrew. "Establishing Sincerity in Religion and Belief Claims: A Question of Consistency." Ecclesiastical Law Journal 13, no. 2 (April 26, 2011): 146–56. http://dx.doi.org/10.1017/s0956618x11000032.

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In this article it is argued that individual sincerity has become the most significant determinant of whether or not a religious or philosophical belief is to be recognised as such for the purposes of accessing putative legal protections for individuals. However, a clear test of individual sincerity has not been fully articulated by the courts in the UK or indeed elsewhere. In this context, the possibility of developing a test based in large part on consistency of individual behaviour is considered in this article, and some objections noted. The article concludes that such a test is both useful and desirable in principle, and should be developed; however, it must be applied with great care in order to remain inclusive of those who may be driven to apparent inconsistency by fear or as a result of other factors.
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Paul, James C. N. "American Law Teachers and Africa: Some Historical Observations." Journal of African Law 31, no. 1-2 (1987): 18–28. http://dx.doi.org/10.1017/s0021855300009207.

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In 1961 Tony Allott, then a rather young elder statesman of African law, helped to foster my interest in that subject, and my subsequent work in Ethiopia. He and several other distinguished colleagues in London also encouraged other American initiatives to assist the development of legal education and research in Africa, efforts which began in 1962, burgeoned during the ensuing decade, and then withered rapidly.The activities of the early 60s helped to generate an extraordinary number of different kinds of projects: the temporary placement of over 150 Americans in law teaching positions in African institutions; a large and wide variety of research and writing; the founding of law reporters, law journals and university institutes of African law, both within Africa and elsewhere; the flow of a substantial number of Africans to graduate legal studies in U.S. and U.K. universities; new kinds of interactions between African, British and American scholars. These activities also contributed to the emergence (notably in North America) of that amorphous, contentious field of scholarship which came to be called “law and development”, and, then, in the latter 70s, to acrimonious critiques and agonising reappraisals of much of all this effort.Tony Allott participated in, or observed, much of this history, as anyone familiar with his career and bibliography will know. I hope that this brief account of some of these past activities may be of some interest to him, and to others interested in law and social change in Africa.
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Orr, D. Alan. "England, Ireland, Magna Carta, and the Common Law: The Case of Connor Lord Maguire, Second Baron of Enniskillen." Journal of British Studies 39, no. 4 (October 2000): 389–421. http://dx.doi.org/10.1086/386226.

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The treason trial of Connor Lord Maguire, second baron of Enniskillen, in February 1645 brought into focus competing conceptions of the constitutional relationship of England and Ireland. Maguire had been implicated in the plot to seize Dublin Castle on 23 October 1641 during the Irish revolt of that year and was tried in early 1645 before a Middlesex jury. The key issue of the trial was whether Maguire, as a peer of Ireland, having committed treasonable acts in Ireland and elsewhere and being brought “into England against his will, might be lawfully tryed … in the King's Bench at Westminster by a Middlesex Jury, and outed of his tryal by Irish Peers of his condition by the statute of 35 Henry VIII c. 2.” In the earl of Stafford's trial almost four years earlier, the defense had consistently assumed a position that will be termed Irish constitutional exceptionalism. Both Strafford and other apologists for his rule as Lord Deputy in Ireland during the 1630s adopted this constitutional stance in response to proceedings against them in both the English and Irish Parliaments during 1641. It held that while Magna Carta and the common law generally held sway in Ireland, because of circumstances unique to that particular kingdom, significant exceptions existed with regard to the legal rights and privileges these legal instruments conferred on the king's Irish subjects. In contrast, the case for Maguire rested on a view of the constitutional relationship of England and Ireland that emphasized a more closely shared heritage of legal privileges for both commoners and peers as guaranteed by Magna Carta and the common law—a position best characterized as constitutionalist.
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Anwar, Reski, Faisal Faisal, and Rio Amanda Agustin. "PERSPECTIVE OF RELIGIOUS JUSTICE IN THE FORMULATION OF PENAL REFORM." Cepalo 5, no. 1 (April 15, 2021): 53–64. http://dx.doi.org/10.25041/cepalo.v5no1.2240.

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The perspective of justice from law enforcement is only on the law’s guidance, not based on God’s guidance that prioritizes substantive justice. The idea of religious justice contained in the renewal of criminal law there is Article 53 paragraph (2), with the provision reads in considering the establishment of law and justice as referred to in paragraph (1) there is a conflict that can not be met, the judge must prioritize justice. The recommendations are stated because the explanation of Article 53 paragraph (2) says that justice and legal certainty are two legal objectives that are often not in line with each other and difficult to avoid in legal practice. A rule of law that meets more legal certainty demands, the more likely aspects of justice are urged. Metode research used in this study is normative research, namely research on library materials that are essential data that is classified as secondary data that rests on data collection tools similar to literature studies or document studies. The results showed that if in the application of concrete events, justice and legal certainty are mutually urgent, then the judge, as far as possible, prioritizes justice over legal certainty. Religious Justice that exists in the value of Pancasila formulated into the renewal of criminal law justice contains a demand that people treat others following their rights and obligations. The treatment is not indiscriminate or compassionate; instead, everyone is treated equally under their rights and responsibilities.
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Yolcu, Serkan. "East Nordic Model of Pre-Enactment Constitutional Review: Comparative Evidence from Finland and Sweden." European Public Law 26, Issue 2 (June 1, 2020): 505–36. http://dx.doi.org/10.54648/euro2020053.

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For the last three decades, legal scholarship on the judicial review of legislation has dominated comparative constitutional studies. Moreover, one of the emerging interests in comparative constitutional law is pre-enactment (ex ante) control of constitutionality. Historically, legal thinking in the US has advanced judicial review, while British tradition has prioritized parliamentary sovereignty, in which parliament, not courts, is the ultimate decision maker related to constitutional disputes. The current scholarship, nevertheless, argues that a particular constitutional model has emerged in a number of Commonwealth countries in which courts and legislatures are not considered alternative to each other, contrary to the traditional paradigms that prioritize either courts or legislatures. One of the defining features of this model is the pre-enactment constitutional review of proposed legislation. In some of those countries, pre-enactment review of legislation is available only in the form of executive responsibility, while the legislature has a key role in the remaining countries, in addition to the commitment of the executive. This article investigates whether similar pre-enactment constitutional review mechanisms exist elsewhere. For this purpose, it will examine East Nordic constitutional practice and ask whether there is a particular type of pre-enactment constitutional review in Finland and Sweden. The function to review constitutionality of proposed legislation belongs to non-judicial mechanisms in both Finland and Sweden. However, pre-enactment constitutional review mechanisms in these two polities are hardly considered in comparative constitutional law. This article aims to fill this gap by drawing comparative scholars’ attention to the East Nordic constitutionalism. judicial review, comparative constitutional law, pre-enactment constitutional review, Nordic constitutionalism, Finland & Sweden
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El Amine, Adnan. "Culture of law at Arab universities." Contemporary Arab Affairs 10, no. 3 (July 1, 2017): 392–407. http://dx.doi.org/10.1080/17550912.2017.1350368.

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The prevalence of a culture of law at a sample of 36 Arab universities is studied in this study. It examines four dimensions of the culture of law: reference to law and its related terms in the universities discourse; teaching of law programmes and law courses; activities practised at the university that raise legal topics; and perceptions of faculty and students on the existence of a culture of law at the university. The results showed that the culture of law is fair to weak. There was not a single university in the sample that was classified as ‘above average’ in terms of the four dimensions. Five universities – all private – were classified as ‘below average’, one of which was religious and the others for-profit. Both expressions ‘rule of law’ and ‘culture of law’ were absent from the discourse. Unlike the discourse, there was not a single university lacking in the law curricula, be it programmes or courses. The existence of a college of law at a university contributes to the expansion of the culture of law at the university. The culture of law is further expanded as well at private not-for-profit universities in comparison with for-profit ones. Public universities in Tunisia lag behind other Arab universities in discourse due to their lack of interest in developing websites, whereas they are ahead in curricula and perceptions. Paradoxically, almost nothing has been written about the issue of culture of law (and the rule of law) in Arab universities. Although there is an abundance of writing on academic freedom, it does not fill the gap. It is not the remit of this paper to investigate the rule of law at Arab universities; that would require data collection on facts, practices and stories, although such a project is badly needed. Instead, it investigates the culture of law, since the author believes it is a reliable indicator of the status of the rule of law.
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Paksy, Mate, Miklós Szabó, and Edina Vinnai. "Hungarian Language and Law: Developing a Grammar for Social Inclusion, a Vocabulary for Political Emancipation. Special Issue (IJSL)—Editorial Preface." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 33, no. 3 (August 28, 2020): 707–27. http://dx.doi.org/10.1007/s11196-020-09762-1.

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Abstract Having been invited by editor-in-chief, Professor Anne Wagner, to edit the present special issue, we decided to fulfil a longstanding wish to provide a panorama about the Hungarian Language and Law. Along with other ‘law and …’ movements, Law and Language has attracted a great deal of attention from subsequent generations of Hungarian academic lawyers, because the political transition served as a wonderful subject and context for scholarly papers and text books, for examining the putative or real influence of this or that popular social scientist or for undertaking literature overviews. Unfortunately, there have been relatively few academic papers that have sought to draw general conclusions from empirically well-founded case studies. In order to fill that important gap, this special issue has taken the opportunity to select only those interdisciplinary papers whose goals include an analysis of Hungarian legal discourse written from a critical angle and using critical empirical methodology. At the very outset of the editing process—back in 2018—for the purposes of this special issue we defined as ‘empirical’ any sufficiently coherent fact-based research that reflects the language of legal discourse. And ‘critical’ means an engagement with the values of the Rule of Law. This double methodological and axiological feature is manifest throughout the selected papers classified as ‘law and language’.
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Smitiukh, Andrii. "The grounds of the shareholder’s withdrawal from the limited liability companies and legal entities of the similar corporate forms: the comparative legal aspect." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 188–92. http://dx.doi.org/10.36695/2219-5521.1.2020.38.

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The article presents the result of comparative legal studies of the grounds of the shareholder’s withdrawal from the limited liability companies as well as legal entities of the similar corporate forms provided by the laws of some countries (namely Armenia, Belarus, Belgium, Czech Republic, the Netherlands, Poland, Russian Federation, Switzerland, Turkey, Ukraine and the United Kingdom). It is concluded that in most legal systems the ground of the withdrawal is a set of facts composed of the main element – the declaration of will of the shareholder to terminate the corporate relationship of participation and an additional element of a subjective or objective nature. The aforesaid additional element of the objective nature in turn may be expressed by law in evaluation category or not. The additional elements of the set of facts composimng the ground of the withdrawal has been classified in the article. So, an additional element of the set of facts of the subjective nature is a declaration of will of the rest of shareholders to allow the shareholder’s withdrawal. An additional element of the set of facts of the subjective nature may be provided by law in a «simple» way as a circumstances established by the company’s articles of association or as an important decision of the general shareholders meeting objected by the minor shareholder or as a cause expressed by law in evaluation categories as a material breach of rights and interests of the shareholders by the company or other shareholders («just cause», «good cause», «justes motif», «the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of shareholders» etc.). The correlation between the nature of additional elements of the ground of the shareholder’s withdrawal and the mode of the withdrawal has been investigated. The court mode of the shareholder’s withdrawal is always provided if an additional element of the set of facts composing the ground of the withdrawal is expressed in evaluation categories as a material breach of rights and interests of the shareholder by the company or other shareholders. The different additional elements of the set of facts composing the ground of the shareholder’s withdrawal may be provided by the law of the same legal system for judicial and non-judicial modes of the withdrawal.
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Milione, Ciro, and María Dolores Montero Caro. "El Tribunal de Justicia de la Unión Europea como actor de constitucionalidad. Repertorio bibliográfico." Teoría y Realidad Constitucional, no. 39 (January 1, 2017): 677. http://dx.doi.org/10.5944/trc.39.2017.19153.

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El presente repertorio bibliográfico recoge diversos estudios (artículos doctrinales, capítulos de libros, monografías, comentarios jurisprudenciales) que han abordado, desde distintas perspectivas, el papel del Tribunal de Justicia de la Unión Europea (TJUE) en el proceso de integración comunitaria. Para facilitar su consultación, esas publicaciones ha sido clasificadas en seis apartados principales: la cuestión prejudicial ante el TJUE; el TJUE ante la responsabilidad de los Estados miembros por el incumplimiento del Derecho de la Unión; el TJUE y los principios generales del Derecho de la Unión; el TJUE en diálogo con otras jurisdicciones; el TJUE y la protección de los derechos en ámbito europeo; la jurisprudencia del TJUE.The present repertoire gathers the various doctrinal contributions (books, chapters, critical studies…) which have analyzed the European Court of Justice (ECJ) from different legal perspectives. In order to facilitate its consultation, the studies are classified in different sections according with its topic. Basically, all the contributions may be included under the ECJ preliminary ruling; the ECJ and member States liability in EU law fulfillment; the ECJ and the general principles of EU law; the ECJ and its dialogue with other jurisdictions; the ECJ’s protection of rights; the ECJ’s case law.
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Dissertations / Theses on the topic "Other law and legal studies not elsewhere classified"

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Nikolakis, William. "Determinants of success among Indigenous enteprise in the Northern Territory of Australia." 2008. http://arrow.unisa.edu.au:8081/1959.8/48854.

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This study seeks to improve the understanding of Indigenous Enterprise Development (IED) efforts undertaken on communal Indigenous land in the Northern Territory of Australia. Success in enterprise may support the achievement of a range of social, political and economic objectives for Indigenous peoples. The thesis offers a contribution to knowledge and literature on IED by bringing understanding to the meaning of success for Indigenous enterprise, identifying those factors that contribute to its success as well as presenting the barriers that prevent it. This study is the most recent rigorous scholarly work of IED on Indigenous land in the Northern Territory. The focus of this research is on Indigenous commercial enterprise development at a communal and individual level. Indigenous enterprise development is said to be different from other forms of enterprise development because of the legal rights of Indigenous peoples and because of particular cultural attributes, such as different perceptions of property rights in the Indigenous context and an emphasis on values like collectivism and sharing. These differences are found to shape notions of success and approaches to development. The research reviews literature in the international and domestic context on Indigenous economic development and Indigenous entrepreneurship. It also draws from internal and external documents of relevant institutions and news sources. These sources and findings are then built upon with fifty six in-depth, face-to-face interviews of selected participants who are experts or opinion leaders on IED in the region. These participants represented a variety of interest groups such as the government, academia, the Indigenous community and businesses from both Indigenous and non-Indigenous cultures in the Northern Territory. This study used a qualitative research approach for data collection and analysis. The researcher utilized a qualitative data analysis method, including the reporting of field notes, preparation of field notes into transcripts, coding of data, display of data, the development of conclusions, and creation of a report. This study identified five categories of barriers to successful enterprise development on Indigenous land in the Northern Territory. These barriers are: high levels of conflict and mistrust, socio-cultural norms and values that can work against success, a lack of human capital, a poor institutional framework and economic and structural factors. There were four categories of factors found that support the development of successful Indigenous enterprise: developing business acumen, integrating culture within the enterprise, separating business from community politics and greater independence from government. While definitions of success varied across the region there were common objectives for Indigenous enterprise, such as eliminating welfare dependency and maintaining a link to land. Ultimately, success for Indigenous enterprise was deemed to be business survival, but in ways that are congruent with each Indigenous community?s values. The findings in this research emphasize that certain cultural attributes may act to constrain successful enterprise development, but can be integrated into an enterprise through changes in enterprise structure, or practice, to support successful economic outcomes. The research also emphasizes the importance of institutional settings on human capital and successful enterprise development in the region. This study?s findings can potentially guide and inform further research in this field. The research develops a number of policy recommendations which offer potential support to policymakers in addressing the important social problem of Indigenous disadvantage through enterprise development initiatives.
This study seeks to improve the understanding of Indigenous Enterprise Development (IED) efforts undertaken on communal Indigenous land in the Northern Territory of Australia. Success in enterprise may support the achievement of a range of social, political and economic objectives for Indigenous peoples. The thesis offers a contribution to knowledge and literature on IED by bringing understanding to the meaning of success for Indigenous enterprise, identifying those factors that contribute to its success as well as presenting the barriers that prevent it. This study is the most recent rigorous scholarly work of IED on Indigenous land in the Northern Territory.
Thesis (PhD)--University of South Australia, 2008
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Books on the topic "Other law and legal studies not elsewhere classified"

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Koskenniemi, Martti, and Ville Kari. A More Elevated Patriotism. Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.43.

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This chapter explores the origins of the disciplines of international and comparative law in nineteenth-century Europe. It charts in broad terms the emergence of comparative studies of law in France, Germany, Britain, and elsewhere among jurists and scholars who sought to deploy the language of law in the service of both universal and domestic ‘civilization’. In an age of rapid societal, economic, constitutional, and technological change, a progressive spirit of development of the law in all its dimensions thrived in a constant intercourse between the national, colonial, and international legal spheres of thought. Later in the century, various specialized branches of cosmopolitan legal studies including international law and comparative law branched off to their own academic and institutional fields. These nonetheless continued to share many ideas about universal justice, the liberal ideals, the role of Europe in the world, and other matters.
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Johansen, Bruce, and Adebowale Akande, eds. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living thing on Earth. It often compounds upon itself, so delays in reducing emissions of fossil fuels are shortening the amount of time remaining to eliminate the use of fossil fuels to preserve a livable planet. Nationalism often impedes solutions to this problem (among many others), as nations place their singular needs above the common good. Our initial proposal got around, and abstracts on many subjects arrived. Within a few weeks, we had enough good material for a 100,000-word book. The book then fattened to two moderate volumes and then to four two very hefty tomes. We tried several different titles as good submissions swelled. We also discovered that our best contributors were experts in their fields, which ranged the world. We settled on three stand-alone books:” 1/ nationalism and racial justice. Our first volume grew as the growth of Black Lives Matter following the brutal killing of George Floyd ignited protests over police brutality and other issues during 2020, following the police assassination of Floyd in Minneapolis. It is estimated that more people took part in protests of police brutality during the summer of 2020 than any other series of marches in United States history. This includes upheavals during the 1960s over racial issues and against the war in Southeast Asia (notably Vietnam). We choose a volume on racism because it is one of nationalism’s main motive forces. This volume provides a worldwide array of work on nationalism’s growth in various countries, usually by authors residing in them, or in the United States with ethnic ties to the nation being examined, often recent immigrants to the United States from them. Our roster of contributors comprises a small United Nations of insightful, well-written research and commentary from Indonesia, New Zealand, Australia, China, India, South Africa, France, Portugal, Estonia, Hungary, Russia, Poland, Kazakhstan, Georgia, and the United States. Volume 2 (this one) describes and analyzes nationalism, by country, around the world, except for the United States; and 3/material directly related to President Donald Trump, and the United States. The first volume is under consideration at the Texas A & M University Press. The other two are under contract to Nova Science Publishers (which includes social sciences). These three volumes may be used individually or as a set. Environmental material is taken up in appropriate places in each of the three books. * * * * * What became the United States of America has been strongly nationalist since the English of present-day Massachusetts and Jamestown first hit North America’s eastern shores. The country propelled itself across North America with the self-serving ideology of “manifest destiny” for four centuries before Donald Trump came along. Anyone who believes that a Trumpian affection for deportation of “illegals” is a new thing ought to take a look at immigration and deportation statistics in Adam Goodman’s The Deportation Machine: America’s Long History of Deporting Immigrants (Princeton University Press, 2020). Between 1920 and 2018, the United States deported 56.3 million people, compared with 51.7 million who were granted legal immigration status during the same dates. Nearly nine of ten deportees were Mexican (Nolan, 2020, 83). This kind of nationalism, has become an assassin of democracy as well as an impediment to solving global problems. Paul Krugman wrote in the New York Times (2019:A-25): that “In their 2018 book, How Democracies Die, the political scientists Steven Levitsky and Daniel Ziblatt documented how this process has played out in many countries, from Vladimir Putin’s Russia, to Recep Erdogan’s Turkey, to Viktor Orban’s Hungary. Add to these India’s Narendra Modi, China’s Xi Jinping, and the United States’ Donald Trump, among others. Bit by bit, the guardrails of democracy have been torn down, as institutions meant to serve the public became tools of ruling parties and self-serving ideologies, weaponized to punish and intimidate opposition parties’ opponents. On paper, these countries are still democracies; in practice, they have become one-party regimes….And it’s happening here [the United States] as we speak. If you are not worried about the future of American democracy, you aren’t paying attention” (Krugmam, 2019, A-25). We are reminded continuously that the late Carl Sagan, one of our most insightful scientific public intellectuals, had an interesting theory about highly developed civilizations. Given the number of stars and planets that must exist in the vast reaches of the universe, he said, there must be other highly developed and organized forms of life. Distance may keep us from making physical contact, but Sagan said that another reason we may never be on speaking terms with another intelligent race is (judging from our own example) could be their penchant for destroying themselves in relatively short order after reaching technological complexity. This book’s chapters, introduction, and conclusion examine the worldwide rise of partisan nationalism and the damage it has wrought on the worldwide pursuit of solutions for issues requiring worldwide scope, such scientific co-operation public health and others, mixing analysis of both. We use both historical description and analysis. This analysis concludes with a description of why we must avoid the isolating nature of nationalism that isolates people and encourages separation if we are to deal with issues of world-wide concern, and to maintain a sustainable, survivable Earth, placing the dominant political movement of our time against the Earth’s existential crises. Our contributors, all experts in their fields, each have assumed responsibility for a country, or two if they are related. This work entwines themes of worldwide concern with the political growth of nationalism because leaders with such a worldview are disinclined to co-operate internationally at a time when nations must find ways to solve common problems, such as the climate crisis. Inability to cooperate at this stage may doom everyone, eventually, to an overheated, stormy future plagued by droughts and deluges portending shortages of food and other essential commodities, meanwhile destroying large coastal urban areas because of rising sea levels. Future historians may look back at our time and wonder why as well as how our world succumbed to isolating nationalism at a time when time was so short for cooperative intervention which is crucial for survival of a sustainable earth. Pride in language and culture is salubrious to individuals’ sense of history and identity. Excess nationalism that prevents international co-operation on harmful worldwide maladies is quite another. As Pope Francis has pointed out: For all of our connectivity due to expansion of social media, ability to communicate can breed contempt as well as mutual trust. “For all our hyper-connectivity,” said Francis, “We witnessed a fragmentation that made it more difficult to resolve problems that affect us all” (Horowitz, 2020, A-12). The pope’s encyclical, titled “Brothers All,” also said: “The forces of myopic, extremist, resentful, and aggressive nationalism are on the rise.” The pope’s document also advocates support for migrants, as well as resistance to nationalist and tribal populism. Francis broadened his critique to the role of market capitalism, as well as nationalism has failed the peoples of the world when they need co-operation and solidarity in the face of the world-wide corona virus pandemic. Humankind needs to unite into “a new sense of the human family [Fratelli Tutti, “Brothers All”], that rejects war at all costs” (Pope, 2020, 6-A). Our journey takes us first to Russia, with the able eye and honed expertise of Richard D. Anderson, Jr. who teaches as UCLA and publishes on the subject of his chapter: “Putin, Russian identity, and Russia’s conduct at home and abroad.” Readers should find Dr. Anderson’s analysis fascinating because Vladimir Putin, the singular leader of Russian foreign and domestic policy these days (and perhaps for the rest of his life, given how malleable Russia’s Constitution has become) may be a short man physically, but has high ambitions. One of these involves restoring the old Russian (and Soviet) empire, which would involve re-subjugating a number of nations that broke off as the old order dissolved about 30 years ago. President (shall we say czar?) Putin also has international ambitions, notably by destabilizing the United States, where election meddling has become a specialty. The sight of Putin and U.S. president Donald Trump, two very rich men (Putin $70-$200 billion; Trump $2.5 billion), nuzzling in friendship would probably set Thomas Jefferson and Vladimir Lenin spinning in their graves. The road of history can take some unanticipated twists and turns. Consider Poland, from which we have an expert native analysis in chapter 2, Bartosz Hlebowicz, who is a Polish anthropologist and journalist. His piece is titled “Lawless and Unjust: How to Quickly Make Your Own Country a Puppet State Run by a Group of Hoodlums – the Hopeless Case of Poland (2015–2020).” When I visited Poland to teach and lecture twice between 2006 and 2008, most people seemed to be walking on air induced by freedom to conduct their own affairs to an unusual degree for a state usually squeezed between nationalists in Germany and Russia. What did the Poles then do in a couple of decades? Read Hlebowicz’ chapter and decide. It certainly isn’t soft-bellied liberalism. In Chapter 3, with Bruce E. Johansen, we visit China’s western provinces, the lands of Tibet as well as the Uighurs and other Muslims in the Xinjiang region, who would most assuredly resent being characterized as being possessed by the Chinese of the Han to the east. As a student of Native American history, I had never before thought of the Tibetans and Uighurs as Native peoples struggling against the Independence-minded peoples of a land that is called an adjunct of China on most of our maps. The random act of sitting next to a young woman on an Air India flight out of Hyderabad, bound for New Delhi taught me that the Tibetans had something to share with the Lakota, the Iroquois, and hundreds of other Native American states and nations in North America. Active resistance to Chinese rule lasted into the mid-nineteenth century, and continues today in a subversive manner, even in song, as I learned in 2018 when I acted as a foreign adjudicator on a Ph.D. dissertation by a Tibetan student at the University of Madras (in what is now in a city called Chennai), in southwestern India on resistance in song during Tibet’s recent history. Tibet is one of very few places on Earth where a young dissident can get shot to death for singing a song that troubles China’s Quest for Lebensraum. The situation in Xinjiang region, where close to a million Muslims have been interned in “reeducation” camps surrounded with brick walls and barbed wire. They sing, too. Come with us and hear the music. Back to Europe now, in Chapter 4, to Portugal and Spain, we find a break in the general pattern of nationalism. Portugal has been more progressive governmentally than most. Spain varies from a liberal majority to military coups, a pattern which has been exported to Latin America. A situation such as this can make use of the term “populism” problematic, because general usage in our time usually ties the word into a right-wing connotative straightjacket. “Populism” can be used to describe progressive (left-wing) insurgencies as well. José Pinto, who is native to Portugal and also researches and writes in Spanish as well as English, in “Populism in Portugal and Spain: a Real Neighbourhood?” provides insight into these historical paradoxes. Hungary shares some historical inclinations with Poland (above). Both emerged from Soviet dominance in an air of developing freedom and multicultural diversity after the Berlin Wall fell and the Soviet Union collapsed. Then, gradually at first, right wing-forces began to tighten up, stripping structures supporting popular freedom, from the courts, mass media, and other institutions. In Chapter 5, Bernard Tamas, in “From Youth Movement to Right-Liberal Wing Authoritarianism: The Rise of Fidesz and the Decline of Hungarian Democracy” puts the renewed growth of political and social repression into a context of worldwide nationalism. Tamas, an associate professor of political science at Valdosta State University, has been a postdoctoral fellow at Harvard University and a Fulbright scholar at the Central European University in Budapest, Hungary. His books include From Dissident to Party Politics: The Struggle for Democracy in Post-Communist Hungary (2007). Bear in mind that not everyone shares Orbán’s vision of what will make this nation great, again. On graffiti-covered walls in Budapest, Runes (traditional Hungarian script) has been found that read “Orbán is a motherfucker” (Mikanowski, 2019, 58). Also in Europe, in Chapter 6, Professor Ronan Le Coadic, of the University of Rennes, Rennes, France, in “Is There a Revival of French Nationalism?” Stating this title in the form of a question is quite appropriate because France’s nationalistic shift has built and ebbed several times during the last few decades. For a time after 2000, it came close to assuming the role of a substantial minority, only to ebb after that. In 2017, the candidate of the National Front reached the second round of the French presidential election. This was the second time this nationalist party reached the second round of the presidential election in the history of the Fifth Republic. In 2002, however, Jean-Marie Le Pen had only obtained 17.79% of the votes, while fifteen years later his daughter, Marine Le Pen, almost doubled her father's record, reaching 33.90% of the votes cast. Moreover, in the 2019 European elections, re-named Rassemblement National obtained the largest number of votes of all French political formations and can therefore boast of being "the leading party in France.” The brutality of oppressive nationalism may be expressed in personal relationships, such as child abuse. While Indonesia and Aotearoa [the Maoris’ name for New Zealand] hold very different ranks in the United Nations Human Development Programme assessments, where Indonesia is classified as a medium development country and Aotearoa New Zealand as a very high development country. In Chapter 7, “Domestic Violence Against Women in Indonesia and Aotearoa New Zealand: Making Sense of Differences and Similarities” co-authors, in Chapter 8, Mandy Morgan and Dr. Elli N. Hayati, from New Zealand and Indonesia respectively, found that despite their socio-economic differences, one in three women in each country experience physical or sexual intimate partner violence over their lifetime. In this chapter ther authors aim to deepen understandings of domestic violence through discussion of the socio-economic and demographic characteristics of theit countries to address domestic violence alongside studies of women’s attitudes to gender norms and experiences of intimate partner violence. One of the most surprising and upsetting scholarly journeys that a North American student may take involves Adolf Hitler’s comments on oppression of American Indians and Blacks as he imagined the construction of the Nazi state, a genesis of nationalism that is all but unknown in the United States of America, traced in this volume (Chapter 8) by co-editor Johansen. Beginning in Mein Kampf, during the 1920s, Hitler explicitly used the westward expansion of the United States across North America as a model and justification for Nazi conquest and anticipated colonization by Germans of what the Nazis called the “wild East” – the Slavic nations of Poland, the Baltic states, Ukraine, and Russia, most of which were under control of the Soviet Union. The Volga River (in Russia) was styled by Hitler as the Germans’ Mississippi, and covered wagons were readied for the German “manifest destiny” of imprisoning, eradicating, and replacing peoples the Nazis deemed inferior, all with direct references to events in North America during the previous century. At the same time, with no sense of contradiction, the Nazis partook of a long-standing German romanticism of Native Americans. One of Goebbels’ less propitious schemes was to confer honorary Aryan status on Native American tribes, in the hope that they would rise up against their oppressors. U.S. racial attitudes were “evidence [to the Nazis] that America was evolving in the right direction, despite its specious rhetoric about equality.” Ming Xie, originally from Beijing, in the People’s Republic of China, in Chapter 9, “News Coverage and Public Perceptions of the Social Credit System in China,” writes that The State Council of China in 2014 announced “that a nationwide social credit system would be established” in China. “Under this system, individuals, private companies, social organizations, and governmental agencies are assigned a score which will be calculated based on their trustworthiness and daily actions such as transaction history, professional conduct, obedience to law, corruption, tax evasion, and academic plagiarism.” The “nationalism” in this case is that of the state over the individual. China has 1.4 billion people; this system takes their measure for the purpose of state control. Once fully operational, control will be more subtle. People who are subject to it, through modern technology (most often smart phones) will prompt many people to self-censor. Orwell, modernized, might write: “Your smart phone is watching you.” Ming Xie holds two Ph.Ds, one in Public Administration from University of Nebraska at Omaha and another in Cultural Anthropology from the Chinese Academy of Social Sciences, Beijing, where she also worked for more than 10 years at a national think tank in the same institution. While there she summarized news from non-Chinese sources for senior members of the Chinese Communist Party. Ming is presently an assistant professor at the Department of Political Science and Criminal Justice, West Texas A&M University. In Chapter 10, analyzing native peoples and nationhood, Barbara Alice Mann, Professor of Honours at the University of Toledo, in “Divide, et Impera: The Self-Genocide Game” details ways in which European-American invaders deprive the conquered of their sense of nationhood as part of a subjugation system that amounts to genocide, rubbing out their languages and cultures -- and ultimately forcing the native peoples to assimilate on their own, for survival in a culture that is foreign to them. Mann is one of Native American Studies’ most acute critics of conquests’ contradictions, and an author who retrieves Native history with a powerful sense of voice and purpose, having authored roughly a dozen books and numerous book chapters, among many other works, who has traveled around the world lecturing and publishing on many subjects. Nalanda Roy and S. Mae Pedron in Chapter 11, “Understanding the Face of Humanity: The Rohingya Genocide.” describe one of the largest forced migrations in the history of the human race, the removal of 700,000 to 800,000 Muslims from Buddhist Myanmar to Bangladesh, which itself is already one of the most crowded and impoverished nations on Earth. With about 150 million people packed into an area the size of Nebraska and Iowa (population less than a tenth that of Bangladesh, a country that is losing land steadily to rising sea levels and erosion of the Ganges river delta. The Rohingyas’ refugee camp has been squeezed onto a gigantic, eroding, muddy slope that contains nearly no vegetation. However, Bangladesh is majority Muslim, so while the Rohingya may starve, they won’t be shot to death by marauding armies. Both authors of this exquisite (and excruciating) account teach at Georgia Southern University in Savannah, Georgia, Roy as an associate professor of International Studies and Asian politics, and Pedron as a graduate student; Roy originally hails from very eastern India, close to both Myanmar and Bangladesh, so he has special insight into the context of one of the most brutal genocides of our time, or any other. This is our case describing the problems that nationalism has and will pose for the sustainability of the Earth as our little blue-and-green orb becomes more crowded over time. The old ways, in which national arguments often end in devastating wars, are obsolete, given that the Earth and all the people, plants, and other animals that it sustains are faced with the existential threat of a climate crisis that within two centuries, more or less, will flood large parts of coastal cities, and endanger many species of plants and animals. To survive, we must listen to the Earth, and observe her travails, because they are increasingly our own.
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