The Cultural Defense of Nations

The Cultural Defense of Nations Author Liav Orgad
ISBN-10 9780199668687
Year 2015-04-01
Pages 280
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

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

The Cultural Defense of Nations Author Liav Orgad
ISBN-10 9780191646447
Year 2015-11-05
Pages 280
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

The changing patterns of contemporary immigration have initiated a new form of majority nationalism. In recent years, liberal democracies have introduced immigration and citizenship policies that are designed to defend the majority culture. This trend is fed by fears of immigration-some justified, some paranoid-which explain the rise of extreme right-wing parties in the West. Liberal theory and human rights law seem to be out of sync with these developments. While they recognize the rights of minority groups to maintain their cultural identity, it is typically assumed that majority groups have neither a need for similar rights nor a moral basis for defending them. The majority culture, so the argument goes, "can take care of itself." This singular book shifts the focus from the prevailing discussion of minority rights and, for the first time, directly addresses the cultural rights of majorities. The findings reveal a troubling trend in liberal democracies, which, ironically, in order to protect liberal values, violate the very same values. The book criticizes this state of affairs and presents a liberal theory of cultural defense that distinguishes between justifiable and unjustifiable attempts by majorities to protect their cultural essentials. It formulates liberal standards by which liberal states can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism.

The Cultural Defense of Nations

The Cultural Defense of Nations Author Liav Orgad
ISBN-10 9780191646430
Year 2015-11-05
Pages 280
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

The changing patterns of contemporary immigration have initiated a new form of majority nationalism. In recent years, liberal democracies have introduced immigration and citizenship policies that are designed to defend the majority culture. This trend is fed by fears of immigration-some justified, some paranoid-which explain the rise of extreme right-wing parties in the West. Liberal theory and human rights law seem to be out of sync with these developments. While they recognize the rights of minority groups to maintain their cultural identity, it is typically assumed that majority groups have neither a need for similar rights nor a moral basis for defending them. The majority culture, so the argument goes, "can take care of itself." This singular book shifts the focus from the prevailing discussion of minority rights and, for the first time, directly addresses the cultural rights of majorities. The findings reveal a troubling trend in liberal democracies, which, ironically, in order to protect liberal values, violate the very same values. The book criticizes this state of affairs and presents a liberal theory of cultural defense that distinguishes between justifiable and unjustifiable attempts by majorities to protect their cultural essentials. It formulates liberal standards by which liberal states can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism.

Nations

Nations Author Azar Gat
ISBN-10 9781107007857
Year 2013
Pages 441
Language en
Publisher Cambridge University Press
DOWNLOAD NOW READ ONLINE

A groundbreaking study of the foundations of nationalism, exposing its antiquity, strong links with ethnicity and roots in human nature.

Europe s Functional Constitution

Europe s Functional Constitution Author Turkuler Isiksel
ISBN-10 9780198759072
Year 2016-04-14
Pages 288
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

Post Sovereign Constitutional Making

Post Sovereign Constitutional Making Author Andrew Arato
ISBN-10 9780198755982
Year 2016-03-10
Pages 300
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Popular Sovereignty in Early Modern Constitutional Thought

Popular Sovereignty in Early Modern Constitutional Thought Author Daniel Lee
ISBN-10 9780198745167
Year 2016-02-18
Pages 375
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Dislocated Memories

Dislocated Memories Author Tina Frühauf
ISBN-10 9780199367481
Year 2014
Pages 302
Language en
Publisher Oxford University Press, USA
DOWNLOAD NOW READ ONLINE

Winner of the 2015 Ruth A. Solie Award from the American Musicological Society The first volume of its kind, Dislocated Memories: Jews, Music, and Postwar German Culture draws together three significant areas of inquiry: Jewish music, German culture, and the legacy of the Holocaust. Jewish music-a highly debated topic-encompasses a multiplicity of musics and cultures, reflecting an inherent and evolving hybridity and transnationalism. German culture refers to an equally diverse concept that, in this volume, includes the various cultures of prewar Germany, occupied Germany, the divided and reunified Germany, and even "German (Jewish) memory," which is not necessarily physically bound to Germany. In the context of these perspectives, the volume makes powerful arguments about the impact of the Holocaust and its aftermath in changing contexts of musical performance and composition. In doing so, the essays in Dislocated Memories cover a wide spectrum of topics from the immediate postwar period with music in the Displaced Persons camps to the later twentieth century with compositions conceived in response to the Holocaust and the klezmer revival at the turn of this century. Dislocated Memories builds on a wide range of recent and critical scholarship in Cold War studies, cultural history, German studies, Holocaust studies, Jewish studies, and memory studies. What binds these distinct fields tightly together are the contributors' specific theoretical inquiries that reflect separate yet interrelated themes such as displacement and memory. While these concepts link the multi-faceted essays on a micro-level, they are also largely connected in their conceptual query by focus, on the macro-level, on the presence and the absence of Jewish music in Germany after 1945. Filled with original research by scholars at the forefront of music, history, and Jewish studies, Dislocated Memories will prove an essential text for scholars and students alike.

The Maritime Labour Convention 2006

The Maritime Labour Convention  2006 Author Moira McConnell
ISBN-10 9789004183759
Year 2011-05-23
Pages 708
Language en
Publisher Martinus Nijhoff Publishers
DOWNLOAD NOW READ ONLINE

This volume provides a detailed legal analysis of the fourth pillar of the international maritime regulatory regime, the comprehensive Maritime Labour Convention, 2006, and its provisions to achieve decent work for seafarers and a level playing field for shipowners.

Constitutional and Political Theory

Constitutional and Political Theory Author Ernst-Wolfgang Böckenförde
ISBN-10 9780198714965
Year 2017-01-19
Pages 448
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

Ernst-Wolfgang Bockenforde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Bockenforde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the rights of the enemies of the state, the constitutional status of the state of emergency, citizenship rights, and challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and thus holder of one the most important and most trusted public offices, Bockenforde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. 00In the first representative edition in English of Bockenforde's writings, this volume brings together his essays on constitutional and political theory. The volume is organized in four sections, focusing respectively on (I) the political theory of the state; (II) constitutional theory; (III) constitutional norms and fundamental rights; and (IV) the relation between state, citizenship, and political autonomy. Each of these four cornerstones of Bockenforde's legal and political thinking features introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on the relation between religion, law, and democracy.

Constitutionalism Human Rights and Islam After the Arab Spring

Constitutionalism  Human Rights  and Islam After the Arab Spring Author Rainer Grote
ISBN-10 9780190627645
Year 2016-08-22
Pages 992
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.

Falling Through Clouds

Falling Through Clouds Author Damian Fowler
ISBN-10 9781250026231
Year 2014-04-29
Pages 288
Language en
Publisher St. Martin's Press
DOWNLOAD NOW READ ONLINE

"Mommy burned up." On a cloudy day in August 2003, Grace and Lily Pearson, 4 and 3, were flying in their uncle's plane along with their mother on their way to their grandpa's birthday party near Lake Superior, when Lily noticed the trees out the window were growing close; so close she could almost touch them. Before the trees tore into the cabin, Grace had the strange sensation of falling through clouds. A story of tragedy, survival, and justice, Damian Fowler's Falling Through Clouds is about a young father's fight for his family in the wake of a plane crash that killed his wife, badly injured his two daughters, and thrust him into a David-vs-Goliath legal confrontation with a multi-billion dollar insurance company. Blindsided when he was sued in federal court by this insurance company, Toby Pearson made it his mission to change aviation insurance law in his home state and nationally, while nursing his daughters to recovery and recreating his own life. Falling Through Clouds charts the dramatic journey of a man who turned a personal tragedy into an important victory for himself, his girls, and many other Americans.

The Oxford Handbook of Comparative Constitutional Law

The Oxford Handbook of Comparative Constitutional Law Author Michel Rosenfeld
ISBN-10 9780191640179
Year 2012-05-17
Pages 1416
Language en
Publisher OUP Oxford
DOWNLOAD NOW READ ONLINE

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

From Empire to Humanity

From Empire to Humanity Author Amanda B. Moniz
ISBN-10 9780190240356
Year 2016-07-01
Pages 328
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

From Empire to Humanity tells the story of a generation of American and British activists who transformed humanitarianism as they adjusted to becoming foreigners to each other in the wake of the American Revolution. In the decades before the Revolution, Americans and Britons shared an imperial approach to charitable activity. They worked together in benevolent ventures designed to strengthen the British empire, and ordinary men and women donated to help faraway members of the British community. Raised and educated in this world of connections, future activists from the British Isles, North America, and the West Indies developed expansive outlooks and transatlantic ties. For budding doctors--including Philadelphia's Benjamin Rush, Caribbean-born Londoner John Coakley Lettsom, and John Crawford, whose life took him from Ireland to India, Barbados, South America, and, finally, Baltimore--this was especially true. American independence put an end to their common imperial humanitarianism, but not their friendships, their far-reaching visions, or their belief in philanthropy as a tool of statecraft. In the postwar years, with doctor-activists at the forefront, Americans and Britons collaborated in the anti-drowning cause and other medical philanthropy, antislavery movements, prison reform, and more. No longer members of the same polity, the erstwhile compatriots adopted a universal approach to their beneficence as they reimagined their bonds with people who were now foreigners. Universal benevolence could also be a source of tension. With the new wars at the end of the century, activists' optimistic cosmopolitanism waned, even as their practices endured. Making the care of suffering strangers routine, they laid the groundwork for later generations' global undertakings.

The Cultural Defense

The Cultural Defense Author Alison Dundes Renteln
ISBN-10 0198035039
Year 2004-01-15
Pages 416
Language en
Publisher Oxford University Press
DOWNLOAD NOW READ ONLINE

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, The Cultural Defense provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition.