Books on the topic 'Law ; nationalism ; comparative historical analysis'

This chapter analyses the position of ‘administrative law’ vis-à-vis ‘constitutional law’, and vice versa, from a comparative and historical perspective. Its primary aim is to get an exact view of how far the national legal systems in Europe converge, or diverge, with respect to the relationship between constitutional and administrative law. However, pleading the thesis of an Ius commune Europaeum (i.e., the existence of a common legal view in Europe) requires an in-depth analysis of all European countries, without excluding individual cases that do not fit into the mainstream (particularly the United Kingdom and Sweden). Only then can any thesis of unity amongst diversity be truly persuasive. In addition, the secondary aim of this chapter's investigation is to get a better theoretical understanding of administrative law in general.

This essay reflects on the relationship between the history of crime, the history of criminal justice, and the history of criminal law. It suggests an account of the historical-comparative analysis of criminal law that locates it within the general project of critical analysis of law and police on the one hand, and a rich multidisciplinary historiography of crime on the other hand. There are as many histories of crime as there concepts of crime. As a social phenomenon, social historians are interested; law may figure into these histories as one factor in constructing the social environment of crime. Social histories ought not to preclude other perspectives, such as moral, cultural, and political histories. Ideally, histories of crime will come from various perspectives, but with clearly defined tools of analysis, and will complement one another to generate a nuanced and contextual kind of historical inquiry.

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.

This chapter provides an overview of the historical development of private international law as well as current theories on the subject. It first traces the early history and later development of private international law in England before discussing the varied approaches to private international law in the twentieth and early twenty-first centuries. In particular, it considers the theory of vested or acquired rights, local law theory, and the American revolution. Two general approaches common to most of the ‘revolutionaries’ are highlighted: the first is rule selection or jurisdiction selection, and the second is true and false conflicts. There are several rule-selection techniques such as governmental interest analysis approach, the comparative impairment approach, principles of preference, interpretation of forum policy, and choice of law factors. The chapter also examines the Europeanisation of private international law and concludes with an assessment of the theoretical or doctrinal basis of English private international law.

What for many years was seen as an oxymoron—the notion of an authoritarian rule of law—no longer is. Instead, the phenomenon has become a cutting edge concern in law-and-society research. In this concluding chapter, I situate Fraenkel’s theory of dictatorship in this emerging research program. In the first section, I turn the notion of an authoritarian rule of law into a social science concept. In the second section, I relate this concept to that of the dual state and both to the political science literature on so-called hybrid regimes. Drawing on this synthesis, the third section makes the concept of the dual state usable for comparative-historical analysis. Through a series of empirical vignettes, I demonstrate the contemporary relevance of Fraenkel’s institutional analysis of the Nazi state. I show why it is essential reading for anyone trying to understand the legal origins of dictatorship, then and now.

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.

This volume critically reassesses the history of international law studies in the Italian context. It aims to address such basic questions as: How have such studies been driven by the convergence of global dynamics and context-dependent solutions based on local features, through a constant process of attrition and cross-fertilization? To what extent have historical and political turning points had an influence on such studies, scholars being part of broader academic or public debates or even active participants as legal advisers or politicians? Was international law used—or misused—by relevant actors in such contexts? Mixing scholars specialized in both international law and legal history this volume first provides a historical examination of the theoretical legal analysis present in the Italian context, in order to explore its main features, mainstream ideas, and dissident voices. The second part assesses the impact on international law studies of key international and domestic historical and political events involving Italy and, conversely, how the latter have been influenced by international law evaluations. Finally, a concluding part puts such analysis into broader and contemporary perspectives. This volume thus intervenes in a growing debate on the need to explore international law from comparative and situated viewpoints, a debate that has increased awareness of how regional, national, and local contexts have contributed to the shaping of international legal rules, institutions, and doctrines and, conversely, how the international dimension has influenced solutions at local levels, in light of the continuum pendulum between center and periphery of the international legal system.

The legal position of Visiting Forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. ‘In area’ and ‘out of area’ operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities, and needs of the Host State and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and ‘guests’ is, and remains, harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition addresses the issues surrounding Visiting Forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. It then continues its analysis through cases studies of Visiting Forces in key countries, including a fully updated chapter on Iraq, before offering conclusions on the current state of the law and its likely future development.

Ten years after the Freedom of Information Act 2000 came into force in the UK, the implementation and case law related to the Act remains contentious. This new edition of the standard practitioners' text provides a complete, authoritative, and accessible guide to this challenging and rapidly evolving area of law. The core of the book is a full and lucid exploration of the statutory scheme: the Act itself, as well as the Environmental Regulations 2004 and the Data Protections Act 1998. It provides historical perspectives, aids to construction, and in-depth analysis of all provisions, with discussion expanded to include the problems exposed by the mass of information about individuals now available on the internet, and the best way to protect citizens from those who commit crimes and torts online. Further chapters address how the Act relates to other legal issues, including human rights, confidentiality, data protection, and official secrets. Finally, it offers an account of the different ways the disclosure of information is treated in the European Union and the devolved parts of the UK, and a comparative survey of information rights in other parts of the world.

Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations Special Rapporteurs holding armed groups to account under this body of law are relatively commonplace. Motivated by this contradiction, this study aims to clarify when and how armed groups are bound by human rights law. It brings several key issues of clarification to the legal framework. The first part of the book presents a new perspective on the role that human rights law plays in the legal framework that applies to non-international armed conflict. In particular, the study investigates the normative added value that human rights law can bring vis-à-vis international humanitarian law. The second part of the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. Combining historical and comparative research with theoretical analysis on international legal personality, the research demonstrates what the legal frameworks of belligerency, insurgency, and international humanitarian law can tell us about when and how such groups may be bound by human rights law. The third part of the book tests and investigates the four most utilized theories of how armed groups are bound by human rights law, examining (i) treaty law, (ii) control of territory, (iii) international criminal law, and (iv) customary international law. The book’s conclusions are drawn together thematically and contain important practical recommendations for practitioners in this field.

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

This chapter examines how the relation between national culture and emerging forms of transcultural diversity plays out in the historiography of Nordic popular music. The chapter offers a comparative analysis of how histories of popular music have been written in the Nordic countries. A particular focus in the comparison is on Finland and Sweden. The analysis rests on the principles of metahistory, referring to the ways in which historiography is implicated in power relations and interests of the present. To develop the methodology further, the notion of “pre-positional politics of historiography” is introduced. The historical accounts in question are approached in addition in terms of methodological nationalism, “rock imperialism,” and exceptionalist anachronism, to underline the tendencies to valorize not only the alleged uniqueness of national popular musics but also rock music as a particularly worthy subject of music historiography.

This book, which conducts a comparative analysis of constitutions and consists of two main parts, focuses on the basic constitutional laws in Poland and Germany. The first part contains an extensive study of the aforementioned laws in both countries, their significance in terms of the actual constitutions of those countries and their historical, cultural and political foundations in the context of European public law. The second part presents a series of individual theoretical and practice-oriented studies, including ten contributions by former and current judges at both Poland’s and Germany’s constitutional courts and the European Court of Justice. The main subjects these essays address are the challenges to the basic constitutional laws currently posed by the friction between freedom and security, the European dimension of fundamental rights protection and the situation relating to fundamental rights in a globalised world. This bilingual anthology offers its readers in-depth and multifaceted analyses of the basic constitutional laws in Poland and Germany, plus extensive comparative legal references.

Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this compendium takes stock of legal history and methodology and reflects on the various modes of historical analysis of law, past, present, and future. Part I explores the relationship between legal history as historical analysis of law and other scholarly projects, including history unmodified and legal history as a subspecies of historical—rather than of legal—scholarship, as well as other modes of critical analysis of law, such as economic, philosophical, sociological, comparative, literary, and rhetorical approaches. Part II considers various approaches to legal history as a scholarly enterprise, ranging from legal history as social history to more recent projects such as legal history and digital humanities and empirical legal history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, culture, and space, including, among others, ancient law, Aboriginal law, and global law. Finally, Part V narrows the Handbook’s focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts, during times of national, and supranational, community building, and in various modes of legal intervention in specific disputes.

Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective addresses one of today’s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and little constrained violence, where radical and prolonged interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest has been utterly normalized. At bottom, this crisis of modern penality is a crisis of the liberal project itself; the penal paradox is merely the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states, Dual Penal State leaves behind customary temporal and parochial constraints, and turns to historical and comparative analysis instead. This approach reveals a fundamental distinction between two conceptions of penal power, penal law and penal police, that run through Western legal-political history, one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. Dual penal state analysis illuminates how this distinction manifests itself in the history of the present of various penal systems, from the malign neglect of the American war on crime to the ahistorical self-satisfaction of German criminal law science.

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The introduction introduces key notions that frame the discussion throughout the book, including the dual penal state and the concepts of penal law and penal police that constitute it, and the idea of the penal paradox of state punishment in a modern liberal democracy ostensibly grounded in the fundamental commitment to the autonomy of each person as such. The introduction also introduces the comparative-historical approach driving the book’s analysis and lays out the basic argument of the book, divided into three parts.

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 7 brings the narrative of modern American penality up-to-date, following on the heels of the discussion of Jefferson’s Virginia criminal law bill of 1779 in Chapter 6. Chapter 7 focuses on the Model Penal Code of 1962, which was far superior to Jefferson’s draft in every respect but one: it, too, failed to integrate state punishment into the American legal-political project, leaving the penal paradox unaddressed and unresolved to this day.

Nationalism has made a significant contribution to state formation, but also to state deformation, secessionist movements, and wars. In international relations, nationalism has emerged as a particularly pressing problem over the question of disputed territorial boundaries. Indeed, nationalist movements seeking to change or revise boundaries by either negotiation, stealth, or force have been one of the most fundamental causes of both international and internal conflict in the modern era. The case of Bosnia-Hercegovina is a classic example of a long-running nationalist conflict which has had a profound empirical implications for both the social sciences and the humanities. The massacre at Srebrenica, ruled as genocide by the International Criminal Tribunal in The Hague, had a considerable impact beyond the Balkans and the Netherlands. While discussing genocide and crimes against humanity in fair historical context within parts of Serbia and enclaves within Republika Srpska and Montenegro today has remained a difficult and challenging task, a growing number of scholars have shown interest in comparative genocide and the way in which events can be meaningfully compared. The case of Bosnia has also provoked numerous debates in other areas, including the role of sexual crimes in war; obfuscation and genocide denial among extreme nationalists; issues of citizenship, reconstruction, and peacekeeping; the shortcomings of the international community (with particular reference to the United Nations); and the role of international law, especially the International Criminal Tribunal for the Former Yugoslavia (ICTY).

This volume aims to provide an unprecedented breadth of analysis on the development of modern Greek politics, especially from the restoration of democracy in 1974 to the present day. Over forty-three chapters, contributors provide authoritative accounts of what is known about a particular area. Never before has such a volume been produced, in any language. This is not intended as a student textbook, but as a scholarly reference for all who are interested in contemporary Greece. As such, it provides a depth of analysis couched within comparative and conceptual frames, to link the case of Greece to a wider audience, especially those already familiar with a broader political science literature. In its authoritative and reflective essays, it is hoped that the volume may serve as a point of common reference for some time to come. Its essays are structured across a set of inter-connecting themes: conceptual frames by which to understand modern Greek politics; political institutions; party political traditions; political and social interests; public policy; external relations; and political leaders. With this breadth, the volume takes an eclectic approach in terms of historical, conceptual, and methodological interpretation. Its breadth offers analyses relevant not only to political science, but also economics, international relations, law, sociology, and social policy.

All of Otto Kirchheimer’s (1905–1965) important works which conduct a historical and comparative analysis of political justice and change to the rule of law are collated in this the fourth of the six-volume edition of his collected works. It contains a revised new edition of his major work ‘Politische Justiz: Verwendung juristischer Verfahrensmöglichkeiten zu politischen Zwecken’ (Political Justice: The Use of Legal Procedures for Political Purposes), translated by Arkadij R. L. Gurland. The volume also contains various thematically relevant essays, as well as reviews and journalistic contributions. In addition, it includes a transcript of Kirchheimer’s appearance before a committee of the US House of Representatives on the human rights situation in the GDR, which until now has been difficult to access. The volume begins with a detailed depiction of the history of ‘Politische Justiz’ and its background in terms of Kirchheimer’s works. This book will appeal all those interested in political science, law, contemporary history, criminology and sociology.

At a time when the collective redress landscape is undergoing a period of transformative change, this research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform. The book begins with a discussion on England and Wales's need for increasing access to justice, given that the capacity of people to access justice is paramount in a democracy governed by the rule of law. The Competition Appeal Tribunal (legislation introduced in Parliament on 23 January 2014) is considered the only area where class actions are available. The book outlines the historical and comparative context of class actions that have developed since their modern origins in the United States, and offers a deeper look into reforms in England and Wales. It concludes that the current landscape of collective claims-making leaves a major access-to-justice gap that demands reform.