Books on the topic 'Socio-legal theory'

The monograph presents the author's view on the legal quality of law from the point of view of the theory of law as the norms of coordinating interests about values. The author gives an assessment of the norms of law as the norms of differentiation and coordination of relations regarding values. The article analyzes what is the driving principle of law: the convergence of state values and human values. The author believes that any attempts to assign priority to certain values without taking into account their real correlation in society are doomed to failure in advance. The attitude of a person to the law is the defining embodiment of legal values as the socio-cultural basis of law. The law regulates the procedure for the realization of interests in relation to values. For a wide range of readers interested in legal issues. It will be useful for students, postgraduates and teachers of law schools.

The monograph was prepared based on the results of the I far Eastern international forum "Robots claim their rights: doctrinal and legal foundations and moral and ethical standards for the use of Autonomous robotic technologies and devices", dedicated to the discussion of the processes of digital transformation of society, public power activities, law and the state. The event discussed social and philosophical, political and legal, and moral and ethical issues of developing, implementing and applying modern end-to-end digital technologies in various spheres of society's life. The proposed materials are useful for specialists in the field of law, political science, philosophy and other areas of socio-humanitarian knowledge, as well as for all those interested in the digital transformation of modern society.

The textbook is devoted to the constitutional-legal framework (the concept, historical features of formation and development of constitutional system of Russia, its political, socio-economic and spiritual foundations, the concept, essence, content and purpose of the constitutional security as a legal expression of national security) and the system of ensuring national security of the Russian Federation, expressed in the state (consisting of activities of public authorities and other state authorities in ensuring national security) and private (characterized by the participation of citizens and their associations and other organizations in ensuring national security) of its subsystems. Meets the requirements of Federal state educational standards of higher education of the last generation. For students, graduates, teachers, professionals in the field of constitutional law and national security practitioners as well as for a wide circle of readers interested in issues of national security.

The textbook deals with theoretical and methodological, legal and socio-humanistic foundations of the system of vocational guidance and socialization of students with complex disabilities, the history of the formation of ideas about career counseling in domestic and foreign science and practice. Presented psycho-pedagogical features of pupils with complex disabilities and conditions that ensure successful mastery of the available professions, work skills. This description of the vocational diagnostic procedure aimed at exploring the possibilities of a child with severe to mastering the profession. The estimation of the level of employment, pre-vocational and vocational knowledge and skills. The possible extent of mastering different kinds of work, professional activities and employment options of persons with complex disabilities. First introduced the variative model of the system of vocational guidance and socialization of students with complex disabilities and the contents of psychological and pedagogical support of their families in the process of career guidance. For students of institutions of secondary vocational education, undergraduate, master degree, post-graduate students studying in areas of training 44.03.01/44.04.01 "Pedagogical education", 44.03.02/44.04.02 "Psycho-pedagogical education", 44.03.03/44.04.03 "Special (defectological) education", as well as professionals working in the system, both General and special education, institutions secondary vocational and higher education.

The textbook examines the processes of the emergence and development of English colonies in North America in the XVII-XVIII centuries, as well as the process of formation and formation of the young American state. Considerable attention is paid to socio-economic processes, the study of which makes it possible to more fully consider political and legal trends and features. The political structure of the colonies is described in detail, and the colonial charters are analyzed. The article covers the first North American revolution, analyzes the political programs and activities of the first American political groups and their leaders. The process of drafting and ratifying the Constitution of 1787 is considered in detail, its content and the political activities of the first American presidents are analyzed. A separate chapter is devoted to the development of law in the XVII-XVIII centuries. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is addressed to law students studying the history of state and law, as well as the constitutional law of foreign countries, historical students specializing in the study of US history, as well as students studying international relations, and anyone interested in history.

This article sets out two key dimensions of an eco-socio-legal perspective for understanding property rights in natural resources: first, an analysis of how relationships between geographical place, law, and society shape the content and application of property rights in natural resources; second, an eco-socio-legal perspective foregrounds an analysis of how those who hold property rights to natural resources and third parties actually understand these rights, and thus how their meaning-making practices contribute to defining these rights. The first dimension of this eco-socio-legal perspective is fleshed out through a critical review of existing academic literature in the main Section 2 of this article. The second dimension is illustrated through a qualitative empirical case study of English farmers’ understanding of their economic rights to water in Section 3 of this article.

This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January of 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates. These debates concern the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.

Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is obvious and ethically desirable. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Environmental Law: A Very Short Introduction discusses the nature and practice of environmental law, and explores the role of lawmakers, courts, and regulators. It analyses why environmental law is both a fundamental and controversial area of law, dealing with multiple interests, socio-political conflicts, and the limits of knowledge about the environment, using examples from across the globe.

This chapter reflects on the volume as a whole. It asks how we should imagine and deal with hatred within a legal order that is both liberal and democratic. The chapter traces the traditional treatment of hatred in the Anglo-American legal tradition, focusing on concepts of malice and libel. It discusses how contemporary concepts of hate crime and hate speech differ from this treatment: the former primarily seeks to achieve socio-political integration of groups rather than to preserve forms of respect that individuals owe each other. Trading on traditional ideas of hatred, modern legal sanctions may themselves contribute to the polarization and intolerance that they aim to destroy. Persons branded as “haters” are effectively excommunicated from the polity, and so have little to lose from a politics of resentment. The chapter suggests that antidiscrimination law may be a better model for achieving socio-political integration than contemporary evocations of “hatred.”

The Oxford Handbook of the History of Crime and Criminal Justicebrings together researchers who work on crime and criminal justice in the past with an emphasis on the interaction between history and social sciences. Although working on similar subject matters historians and social scientists are often motivated by different intellectual concerns. Historians seek knowledge about crime and criminal justice to better understand the past. In contrast, social scientists draw on past experiences to build sociological, criminological, or socio-legal knowledge. Nevertheless, researchers from both fields have a shared interest in social theory, in the use of social science techniques for analysis, and in a critical outlook in examining perceptions of the past that shape popular myths and justify criminal justice policies in the present. TheHandbookis intended as a guide for both current researchers and newcomers to orient themselves on key aspects of current research from both fields. TheHandbookincludes thirty-four essays covering theory and methods; forms of crime; crime, gender, and ethnicities; cultural representations of crime; the rise of criminology; law enforcement and policing; law, courts, and criminal justice; and punishment and prisons. The essays concentrate on the Atlantic world, particularly Europe and the United States, during the eighteenth, nineteenth, and twentieth centuries. All of the authors situate their topic within the wider historiography.

Common interests in Roman law have brought Romanists and historians to a close and invaluable dialogue. Whether it is understanding law in a social context or society in light of law, historians without legal training tend to have different expectations about the role played by the law in society than lawyers, and not without controversy. This chapter explores lawyers’ and historians’ approaches to Roman law, and their underlying law and society assumptions, against the background of legal science and sociology of law traditions. It suggests that contemporary socio-legal scholarship, in dialogue with legal science, provides a sound theoretical and methodological framework for the study of law and society in Roman world.

This chapter explores the work and influence of Roscoe Pound who offered sociological jurisprudence in response to transatlantic-inspired threats to the future of the common law. At issue was the rise of social science as an alternative, civil-law-affiliated, administrative paradigm that simultaneously threatened the academic interests of the law schools, the professional concerns of the bar, and the core constitutional principles of judicial supremacy. Within this context, Pound selectively drew on European social legal theory with the goal of saving the common law from itself. The project consisted of two primary proposals for reform, one focused on the universities, the other on the courts. Through the injection of social-scientific content into legal pedagogy and research, sociological jurisprudence forged a socio-legal paradigm that together with lowering the barriers separating law from society also ensured that law would continue to exist as a distinct field of inquiry in the universities and beyond. Where the courts were concerned, sociological jurisprudence answered pressures for radical curtailment of judicial review with a narrow, formalist, construction of the deficiency at the core of the Lochner Court’s reasoning. It was a problem definition that successfully served to deflect direct attacks on judicial supremacy. Largely hidden going forward has been the extent to which the constitutional battle lines of the early twentieth century were drawn between rival, common law- and civil-law-based paradigms of administrative governance.

Transfers of rule of law between legal systems have been discussed extensively in academia. Yet, so far, scholarship has predominantly centered around the issue’s socio-political dimensions. The volume departs from these common scholarly paths and assesses rule of law transfers as a legal phenomenon. Its analytical perspective assumes that the process of transferring the rule of law does not only concern a legal concept but also holds a legal dimension itself. Against this backdrop, the volume features eight distinct contributions, introducing and applying the said perspective. They approach the topic from diverse angles, covering a wide range of legal fields, including EU law, public international law, international human rights law, international criminal law, international humanitarian law and international economic law – with each contribution succeeding in highlighting the relevance of “the law behind rule of law transfers”.

There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of ‘legal pluralism’. Law in Common provides a way of apprehending this complexity by drawing out broader patterns of legal engagement. The first half of the book explores four ‘local legal cultures’ – in the countryside, towns and cities, the maritime world, and Forests – that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. The second half of the book turns to examine ‘common legalities’, widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, it offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century through legality.

This study investigates determinants of socio-environmental practices, (mandatory and voluntary), as evidenced in southern Brazil’s electric energy distribution companies. It seeks to understand this phenomenon with interdisciplinary protection through theoretical constructs of Social Responsibility, Environmental Management, Evidence, Legitimacy, Reputation, and Institutional. This integration contributes to understanding the reasons why companies undertake and evidence their socio- -environmental practices to external audiences. The literature suggests that socio-environmental practices are explained by various reasons, such as: enforced by legal impositions and/or voluntariness, to strengthen legitimacy, maintain and develop a reputation, and by isomorphism of the competitive operating environment. Given the above, the objective of this work is to investigate factors that determine the disclosure of socio-environmental practices in electricity distribution companies in the south of Brazil. In the methodological aspects, a qualitative approach was used, with descriptive and exploratory objectives. As a research strategy, a multichannel study was applied through two electricity distribution companies in the south of the country, CELESC Distribuição S.A. (Centrais Elétricas de Santa Catarina) and COPEL Distribuição S.A. (Companhia Paranaense de Energia). Data collection took place in two stages, the first one with a search on documentary, physical and virtual basis, and the second stage using a semi-structured interview with professionals from the Social and Environmental Responsibility area of each of the companies surveyed. The information collected was related to the period of 2014, 2015, and 2016. The results showed that the Annual Reports, service stations, and participation in external events constitute the primary means and channels of evidence of socio-environmental practices. There was a greater tendency to develop social practices. However, there are programs focused on climate change, conscious consumption and electricity saving, social inclusion, recovery of citizenship, and people’s quality of life. The COPEL company presented a tendency to evidence voluntary practices with more intensity, also showing consistency and maintenance of the programs during the studied period. Regarding corporate and sustainability policies, it was noted that companies adopt very similar strategies. It is concluded that the age, size, and corporate reputation of companies are the main determinants of socio-environmental practices, highlighting the presence of mimetic isomorphism characterized by the use of the same types of means and channels of evidence and by the symmetry of practices and policies developed by companies CELESC and COPEL.

EPDF and EPUB available Open Access under CC-BY-NC-ND. This book explores how children’s rights are practised and weighed against parents’ rights in a range of countries, and examines how governments and legal and welfare professionals balance those rights in the challenging circumstances following the decision that children cannot grow up in their parents’ care. Looking at adoption from care in Europe and the United States, it provides in-depth analysis of concepts of family, contact, the child’s best interest principle and human rights in adoption from care across these different socio-political and legal contexts. Taking an international comparative approach to these issues, this book provides best practice evidence on adoption processes and shares learning across country boundaries to help improve outcomes for all adopted children.

The family is a ubiquitous social institution, not only in human life, but also in that of other mammals and species. In strictly biological terms, ‘family’ is a concept that centres on the physical coming-together of male and female and on the cluster of offspring that results from that connection. In many species, a pair, once established, continues its relationship while fostering the young to independence. These are such trite and obvious facts that the necessity to set them out arises only because they are currently considered by many people irrelevant to the lives of humans, and also because there is a socio-legal conception of family that may, in some situations, be in conflict with the biological one.

What do we mean by rights, and can our use of the concept be justified? This book offers a partial vindication of the concept of a right, defending its use in relation to human rights while questioning it in relation to property. It starts with a new ‘Addressive’ account of the nature of rights as bringing together duty-bearer and right-holder first-personally—a theory which moves beyond and complements traditional Interest and Will Theories. This Addressive account implies that a right exists pre-institutionally (as a ‘natural’ or ‘moral’ right) only when a duty owes its existence predominantly to the right-holder’s good. On this basis, the book defends human rights law and practice as justifiably institutionalizing certain pre-legal moral rights held against other individuals and the state, including socio-economic rights. This defence proceeds independently of whichever conception of ‘the important human features’ (e.g. agency, capabilities, freedoms, interests, needs) one takes to underpin human rights—though it does depend on a distinction between individual and other goods. The book ends by arguing that for much property, conceiving the relevant duties in rights terms can mislead us into overlooking their foundation in the collective good. An alternative non-rights property system—broadly resembling modern markets but not conceived in terms of rights—is outlined. The result is a defence of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, while pressing new doubts about much property as an individual right.

The book provides the first in-depth and empirically grounded analysis on the foundations and trajectories of gaining authority of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (PRC). While these courts were, on their terms, established to build common markets and to enforce trade liberalization, they have often developed bodies of jurisprudence in domains often not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and long-standing border disputes between the countries of the region; the ATJ is an island of effective adjudication on intellectual property issues; and the PRC has significantly struggled to receive a significant number of cases to rule upon all together. The particular trajectories of the four Latin American and Caribbean Regional Economic Courts (RECs) suggest that there is no universal formula for success for these institutions and that their operational path is not necessarily a function of their formally delegated competences and/or of the will of the Member States, as it is often argued in mainstream legal and political science literature. Rather, local socio-political contextual factors—such as the historical legacies of a region, the interests and dynamics of socialization of legally and politically situated actors, the nature of national and regional politics, and legal culture—often play a far more decisive role in influencing the direction of RECs during and after their establishment.

At a time when criminal justice systems appear to be in a permanent state of crisis, in this collection leading scholars from criminology and theology have come together to challenge criminal justice orthodoxy by questioning the dominance of retributive punishment. The book is a timely and unique contribution that considers alternatives which draw on Christian ideas of hope, mercy and restoration, rather than the norms of punishment, pain and retribution. Contributions focus on punishment, although wider criminal justice concerns in policing and probation, as well as mental health and surveillance are also considered. Promoting cross-disciplinary learning, the book is of interest to academics and students of criminology, public theology, socio-legal studies, legal philosophy and religious studies, as well as practitioners and policy makers. If the ideas discussed in this book are taken seriously they offer a fundamental challenge to the contemporary view of criminal justice.

This chapter explores the role of positivism in international law, noting that the term ‘positivism’ itself has many connotations, most of which muddy an already neglected—yet strikingly pervasive—approach to international law. On that note, the chapter explores the differences (and overlaps) between positivism and formalism; then, it shows how radically different modern, philosophically- and jurisprudentially-informed forms of international legal positivism are, how little they are touched by the constant attack on the positivist–voluntarist straw man, and how unfair it is to lump them together with unthinking ‘positivists’:. Following these arguments is a reconstruction of the Neo-Hartian Socio-Psychologico-Linguistic school of positivism.

This chapter focuses onResponsive Regulation: Transcending the Deregulation Debate(1992), a book by Ian Ayres and John Braithwaite that occupies a prominent place in the field of regulation. Combining law and economics with socio-legal studies, the book deals with a dynamic and gradual sanctioning regime known as the enforcement pyramid and favors the inclusion of third-party actors. This chapter considers the intellectual background and central argument ofResponsive Regulationbefore assessing its overall contribution. It then examines three themes that are central to the book: the role of inspectors and their enforcement strategies, the importance of discretionary decision-making, and the role of regulatee motivations. Finally, it discusses some criticisms ofResponsive Regulationand the immediate responses to them.

This book reveals what happens to applications for post-conviction review when those in England and Wales who consider themselves to have been wrongfully convicted, and have exhausted direct appeal processes, apply to have their case assessed by the Criminal Cases Review Commission. It presents the findings of the first thorough empirical study of decision-making and the use of discretion within the Commission. It shows how the Commission exercises its discretionary powers in identifying and investigating possible wrongful convictions for rehearing by the Court of Appeal. The research it draws on — a three year empirical study — comprises a mixed-method approach of quantitative and qualitative analysis of case files and aggregate data, as well as interviews with decision makers and observations of committee meetings to fully grasp the workings of the organisation from a socio-legal perspective and to understand how discretion operates at the individual and institutional level.

Transnational organised crime (TOC) impacts states and societies on different levels. It can have devastating effects on the state, the rule of law, and the economy in countries. It is a great challenge for criminological research to measure those impacts and give a precise account of the consequences societies face when infiltrated by TOC. Depending on legal, institutional, and socio-economic conditions in states and societies, these impacts may vary in their effect. Where governments and state institutions are weak and the civil society poor, TOC seemingly flourishes. Nevertheless, the conditions for this flourishing of TOC are much more complex than the simple link between weak states, poverty, and TOC might suggest. To achieve a more complete and clearer picture of TOC and its impact on societies, it is important to consider it as an integral part of society, not an external invader. Therefore, TOC is strongly linked to societal developments in recent years, particularly with globalization.

This chapter seeks to examine and analyse the history and legislative provisions to protect minorities in Iraq. It situates Iraq’s minority communities (Kurds, Kaka’i, Shabak, Yezidi, Marsh Arabs, Christian, Armenian, Assyrian, Sabean Mandaeans, Baha’i, Black Iraqi, Circassians, Jews, Roma and Palestinian) within a socio-legal framework and includes a critique of the fragile unfolding constitution-building process and the conceptual frameworks upon which it has been built. The ‘liquid’ democracy that was meant to accompany the 2003 intervention has proved illusory for Iraqi communities inside and outside Iraq. There can be no other reading of the 2003 US and coalition forces’ intervention in Iraq other than that of a ‘transformative occupation’, which has operated outside the constraints dictated by the laws of occupation. The language of occupation may have been displaced, but the transformation of the political and demographic landscape in Iraq continues and this chapter examines the implications of this for the groups who continue to feel vulnerable within Iraq.

Studies of the fate of Judiciaries in post-Communist Central and Eastern Europe (CEE) have been rare and attempts at causal explanation rarer. This study found that interlocked transnational networking empowered a minority of elite Judiciary revisionists to entrench their institutional template in Eastern European constitutions, setting these transitional democracies on a trajectory toward a global trend of the judicialization of politics. The first, crucial step in that process is traced: the formal disempowerment of democracy through Judiciary revisions that ordinary people and politicians in Central and Eastern Europe little heeded. The causal nexus converging on this outcome is explained. Why it matters is because the revisionist template reorients that most venerable of non-majoritarian institutions beyond adjudication of the guilt or innocence of subjects of state power under legal certainty – the classical role of modern courts – toward the improvisation of public policy, with or without the consent of the majority of the governed, by ‘finding’ it in constitutions; the unique legitimacy of which derives from the prior ratification of a supermajority. The question of who shall have the final disposition of contested constitutional meaning – the Executive, Legislature, Judiciary, the People, or All of these – implicates sovereignty itself and whom it shall rest on: the last word is sovereign for practical purposes. The interdisciplinarity of this study will appeal to a wide audience: scholars of law and politics and socio-legal studies, social scientists researching elite transnationalism and European integration beyond the EU, even institutional design practitioners.

The research about the relation of mining and health has traditionally been carried out ex post, that is, with evaluation of the effects of mining on the health profiles of miners or exposed people, time after to the start of this economic activity. This limits the evaluation of the impact of mining on health, given the lack of knowledge about health indicators prior to the start of mining, or due to the absence of a baseline to analyze series of time. In addition, specific indicators such as vector-borne diseases (for example, malaria morbidity or mortality in endemic areas with mining activity), respiratory problems, effects of contamination with materials used in mining, among other topics, are generally investigated in illegal mining contexts. In Colombia there are few publications about the health profiles in legal mining areas, prior to the mining phase, as a determining aspect to establish a baseline that allows quantitative evaluation of the impacts of this economic activity on the health of the exposed people. This research analyzes the health profile of the residents of a geographic area with the presence of underground gold mining in Buriticá-Antioquia, according to sociodemographic conditions during 2019. The central outcomes of this profile were risk factors related to health services and lifestyle, felt morbidity, overweight and obesity, high blood pressure, STIs, breast disorders, lung conditions, all with their potential socio-economic risks.

Roads, bridges, aqueducts and canals are amongst the physical infrastructures that allowed Roman dominance over the Empire, while meeting economic, social and strategic needs. Due to their structural role in the management and control of a territory, they must be examined in view of the “longue durée”, which necessarily raises the issue of their regular maintenance and occasional restoration. By studying the interactions between different political and administrative authorities, but also the involvement of private individuals, be they users or riverside occupants, the papers gathered in this volume highlight the rehabilitation procedures of road and hydraulic facilities, but also the prevention strategies against potentially irreversible damages. To understand the overall legal framework, along with the technical constraints and socio-political modalities of these interventions, a multidisciplinary approach was adopted to foster the dialogue between history, archaeology and Roman law. With contributions by Cosima Möller, Marguerite Ronin: Einleitung/Introduction Johannes Michael Rainer: Die Interdikte zum Schutze von Strassen und Wasserwegen im römischen Recht Christer Bruun: Die Bedeutung der Flüsse für den Verkehr und für die ländliche Wasserversorgung nach den Ansichten der römischen Juristen und Kaiser Ignacio Czeguhn: Kontinuität von Rechtsregelungen über Fragen des Wasserrechts auf der iberischen Halbinsel Charles Davoine: La restauration des infrastructures routières dans l’Occident romain. L’apport des inscriptions Marguerite Ronin: L’entretien des réseaux d’adduction privés et la gestion du risque de pénurie dans l’Empire romain. L’apport des sources juridiques Yasmina Benferhat: Die kurzlebigen Brücken Hélène Dessales, Julie Carlut, Francesca Filocamo: L’entretien d’un aqueduc face aux risques géologiques. Le cas du Serino, Italie Laetitia Borau: Entretien et restauration des aqueducs: quels indices archéologiques? L’exemple de la Gaule romaine Nicolas Lamare: Lacum uetustate conlabsum restituere: restaurations et transformations des fontaines monumentales d’Afrique tardive Michel Tarpin: Territorialisation des corvées et de la fiscalité: le rôle des pagi dans l’entretien et l’utilisation des voies et cours d’eau

This volume deepens and broadens considerations of genocide’s aftermath. It conceives postgenocide as an approach to study genocide effects after mass killing has ended. In line with an interconnected understanding of past and future, the ‘post’ in postgenocide signifies the entire period following the inception of genocide. Postgenocide implies that the era following genocidal killing is shaped by genocide; hence the necessity of understanding and explaining effects of genocide in moulding realities of societies subjected to cruelty of this heinous crime. Effects given attention in the contributions in this volume vary from various permutations of genocide harms, and legal recourse, after the fact; to scrutiny of the efficacy of the genocide law and prospects of its enforcement; to socio-political responses to genocide—including efforts to recovery and reconciliation; to genocide’s impacts on the victims’ communities and their efforts for recognition and redress; to genocide’s effect on the communities of perpetrators and their attempts to denial and revisionism; to the (re)construction of genocide narratives via the display of victims’ objects in museums, galleries, and archives; to impact of intersections of geopolitical order, climate change, warlordism, and resource exploitation on the re/occurrence of genocide. In doing so, some formerly opaque and overlooked themes and cases are analysed from the standing of several disciplines—such as law, political science, sociology, and ethnography—in the process exploring what these disciplines bring to bear on genocide scholarship and the rethinking of the existing assumptions in the field.

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.