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The Cultural Defense Of Nations

Autor: Liav Orgad
Publisher: Oxford University Press
ISBN: 019966868X
File Size: 30,10 MB
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Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: Is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups? Political liberalism and international human rights law have largely been silent on this issue. Yet, changing patterns of contemporary immigration have given rise to a new set of divisive questions. In this book, Liav Orgad proposesa liberal approach to cultural defense of nations and discusses its justifications, limitations, and dimensions. The findings reveal a troubling trend in liberal states, which, ironically, in order toprotect liberalism, violate the very same values. Orgad criticizes this state of affairs and formulates liberal standards for protecting essential elements of majority groups' culture. The book offers the most comprehensive analysis to date of one of the most pressing issues of our time-immigrants, majority groups, and national identity.

The Cultural Defense Of Nations

Autor: Liav Orgad
Publisher: Oxford University Press
ISBN: 019164644X
File Size: 5,84 MB
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The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.

The Cultural Defense Of Nations

Autor: Liav Orgad
Publisher: Oxford University Press
ISBN: 0191646431
File Size: 22,89 MB
Format: PDF, Mobi
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The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.

Strangers In Our Midst

Autor: David Miller Miller
Publisher: Harvard University Press
ISBN: 0674969804
File Size: 4,55 MB
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How should democracies respond to the millions who want to settle in their societies? David Miller’s analysis reframes immigration as a question of political philosophy. Acknowledging the impact on host countries, he defends the right of states to control their borders and decide the future size, shape, and cultural make-up of their populations.

The Death Of Treaty Supremacy

Autor: David L. Sloss
Publisher: Oxford University Press
ISBN: 0199364044
File Size: 25,95 MB
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This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President. In 1945, the U.S. ratified the UN Charter, which obligates nations to promote human rights "for all without distinction as to race." In 1950, a California court applied the Charter's human rights provisions and the traditional treaty supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had effectively abrogated Jim Crow laws throughout the South by ratifying the UN Charter. In response, conservatives mobilized support for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. The de facto Bricker Amendment created a novel exception to the treaty supremacy rule for non-self-executing (NSE) treaties. The exception permits state governments to violate NSE treaties without authorization from the federal political branches. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.

Multiculturalism And The Canadian Constitution

Autor: Stephen J. Tierney
Publisher: UBC Press
ISBN: 0774840072
File Size: 22,20 MB
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Together, the strands of Canada's diversity tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. This book brings together scholars of cultural diversity to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. The essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.

Carl Schmitt S State And Constitutional Theory

Autor: Benjamin Schupmann
Publisher: Oxford University Press
ISBN: 0192509314
File Size: 16,69 MB
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Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.

Nationalism Liberalism And Language In Catalonia And Flanders

Autor: Daniel Cetrà
Publisher: Springer
ISBN: 3030082741
File Size: 3,10 MB
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Is liberalism really compatible with nationalism? Are there limits to linguistic nation-building policies? What arguments justify the imposition of national languages? This book addresses these questions by examining the linguistic disputes in Catalonia and Flanders, two major cases of sub-state nationalism. The book connects two strands of arguments: the political arguments around contested linguistic policies, drawing on a rich set of primary and secondary sources, and the theoretical arguments around liberalism and nationalism. The study also compares the historical trajectory and political dynamics of Catalan and Flemish nationalism. It shows that the relationship between language and nationhood is politically constructed through state nation-building and minority activism. The findings highlight the relevance and pervasiveness of nationalism in contemporary social and political life. This book will appeal to scholars and upper-level students interested in nationalism, contemporary political theory, the politics of language, and comparative territorial politics.

The Birthright Lottery

Autor: Ayelet Shachar
Publisher: Harvard University Press
ISBN: 9780674032712
File Size: 18,51 MB
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The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs.

The Globalization Of World Politics

Autor: John Baylis
Publisher: Oxford University Press
ISBN: 0199656177
File Size: 6,64 MB
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Please note, this title is not sold seperately. It is only available to purchase in The Globalization of World Politics value pack. Now in its sixth edition, this internationally successful textbook has been fully revised and updated in light of recent developments in world politics, featuring 35 new international case studies including: the BRICs, Gaza Freedom Flotilla, Sudanese civil war, drones, Fukushima Daiichi nuclear disaster, rise of China, Occupy movement, and Syrian Revolution. A new chapter by Andrew Hurrell on rising powers and the emerging global order ensures the text continues to cover topics that will be defining the issues now and for the next generation. The unique line-up of expert contributors introduces students to the very best work within history, theory, structures, and key issues in International Relations, providing a launch-pad for those who choose to progress with their IR studies. New to this edition New chapter on 'Rising powers and the emerging global order' by eminent scholar Andrew Hurrell reflects on the transformation in world politics and covers topics that will be defining the issues now and for the next generation. Now with 35 additional new international case studies, with topics including: the BRICs, Gaza Freedom Flotilla, Sudanese civil war, drones, rise of China, the Far North, Occupy movement, the South and East China Seas, and the Syrian Revolution. The chapter on nuclear proliferation has been substantially revised by new contributor, Sheena Chestnut Greitens, with updated coverage of nuclear weapons technology, theoretical debates about nuclear proliferation, and the evolution of non-proliferation efforts, featuring case studies of the nuclearization of Iran and North Korea, Fukushima nuclear disaster, and A.Q. Khan. All chapters have been updated to take account of the latest global events, with particular emphasis on the Arab Spring, effects of the eurozone crisis on globalization, emerging economies, and the rise of the BRICs. The Online Resource Centre, which accompanies the text, has been updated and improved with new video podcasts from the contributors and mindmaps, more case studies, and new PowerPoint slides for adopting lecturers.

We The People

Autor: Erwin Chemerinsky
Publisher: Picador
ISBN: 1250165997
File Size: 11,73 MB
Format: PDF
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"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America

A Theory Of Justice

Autor: John Rawls
Publisher: Harvard University Press
ISBN: 9780674042582
File Size: 4,35 MB
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Since it appeared in 1971, John Rawls's "A Theory of Justice" has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.

The Oxford Handbook Of Citizenship

Autor: Ayelet Shachar
Publisher: Oxford University Press
ISBN: 0192528424
File Size: 27,30 MB
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Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.

Between Consenting Peoples

Autor: Jeremy Webber
Publisher: UBC Press
ISBN: 0774818867
File Size: 9,34 MB
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Consent has long been used to establish the legitimacy of society. But when one asks � who consented? how? to what type of community? � consent becomes very elusive, more myth than reality. In Between Consenting Peoples, leading scholars in legal and political theory examine the different ways in which consent has been used to justify political communities and the authority of law, especially in indigenous-nonindigenous relations. They explore the kind of consent � the kind of attachment � that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples.

The Cultural Defense

Autor: Alison Dundes Renteln
Publisher: Oxford University Press, USA
ISBN: 0195154037
File Size: 26,59 MB
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Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.

Anti Pluralism

Autor: William A. Galston
Publisher: Yale University Press
ISBN: 0300235313
File Size: 28,54 MB
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The Great Recession, institutional dysfunction, a growing divide between urban and rural prospects, and failed efforts to effectively address immigration have paved the way for a populist backlash that disrupts the postwar bargain between political elites and citizens. Whether today’s populism represents a corrective to unfair and obsolete policies or a threat to liberal democracy itself remains up for debate. Yet this much is clear: these challenges indict the triumphalism that accompanied liberal democratic consolidation after the collapse of the Soviet Union. To respond to today’s crisis, good leaders must strive for inclusive economic growth while addressing fraught social and cultural issues, including demographic anxiety, with frank attention. Although reforms may stem the populist tide, liberal democratic life will always leave some citizens unsatisfied. This is a permanent source of vulnerability, but liberal democracy will endure so long as citizens believe it is worth fighting for.

The Theory Of The State

Autor: Johann Caspar 1808-1881 Bluntschli
Publisher: Andesite Press
ISBN: 9781376348361
File Size: 15,57 MB
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Fascism A Warning

Autor: Madeleine Albright
Publisher: HarperCollins
ISBN: 006293127X
File Size: 27,82 MB
Format: PDF
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#1 New York Times Bestseller Best Books of 2018 --The Economist A personal and urgent examination of Fascism in the twentieth century and how its legacy shapes today’s world, written by one of America’s most admired public servants, the first woman to serve as U.S. secretary of state A Fascist, observes Madeleine Albright, “is someone who claims to speak for a whole nation or group, is utterly unconcerned with the rights of others, and is willing to use violence and whatever other means are necessary to achieve the goals he or she might have.” The twentieth century was defined by the clash between democracy and Fascism, a struggle that created uncertainty about the survival of human freedom and left millions dead. Given the horrors of that experience, one might expect the world to reject the spiritual successors to Hitler and Mussolini should they arise in our era. In Fascism: A Warning, Madeleine Albright draws on her experiences as a child in war-torn Europe and her distinguished career as a diplomat to question that assumption. Fascism, as she shows, not only endured through the twentieth century but now presents a more virulent threat to peace and justice than at any time since the end of World War II. The momentum toward democracy that swept the world when the Berlin Wall fell has gone into reverse. The United States, which historically championed the free world, is led by a president who exacerbates division and heaps scorn on democratic institutions. In many countries, economic, technological, and cultural factors are weakening the political center and empowering the extremes of right and left. Contemporary leaders such as Vladimir Putin and Kim Jong-un are employing many of the tactics used by Fascists in the 1920s and 30s. Fascism: A Warning is a book for our times that is relevant to all times. Written by someone who has not only studied history but helped to shape it, this call to arms teaches us the lessons we must understand and the questions we must answer if we are to save ourselves from repeating the tragic errors of the past.

Liberalism Constitutionalism And Democracy

Autor: Russell Hardin
Publisher: Oxford University Press on Demand
ISBN: 9780199261680
File Size: 24,52 MB
Format: PDF
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In his ground-breaking book, the leading political philosopher Russell Hardin develops a new theory of liberal constitutional democracy. Arguing against the standard consensus theories, the author shows how social co-ordination on limited, sociological mutual advantage lies at the heart of liberal constitutionalism when it works to produce stable government. The book argues that liberalism, constitutionalism, and democracy are co-ordination theories. They work only in societies in whichco-ordination of the important power groups for mutual advantage is feasible. It then goes on to examine and interpret the US constitution as motivated centrally by the concern with creating a government to enable commerce. In addition, the book addresses the nature of the problems that the newly democratic, newly market-oriented states face. The analysis of constitutionalism is based on its workability, not on its intrinsic, normative, or universal appeals. Hardin argues, similarly, there areharsh limits on the possibilities of democracy. In general, democracy works only on the margins of great issues. Indeed, it is inherently a device for regulating marginal political conflicts.