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Joll, Christopher Mark. "Contextualizing Discrimination of Religious and Linguistic Minorities in South Thailand." Muslim World Journal of Human Rights 18, no. 1 (April 1, 2021): 1–25. http://dx.doi.org/10.1515/mwjhr-2020-0025.
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Abstract This article explores how scholarship can be put to work by specialists penning evidence-based policies seeking peaceful resolutions to long-standing, complex, and so-far intractable conflict in the Malay-Muslim dominated provinces of South Thailand. I contend that more is required than mere empirical data, and that the existing analysis of this conflict often lacks theoretical ballast and overlooks the wider historical context in which Bangkok pursued policies impacting its ethnolinguistically, and ethnoreligiously diverse citizens. I demonstrate the utility of both interacting with what social theorists have written about what “religion” and language do—and do not—have in common, and the relative importance of both in sub-national conflicts, and comparative historical analysis. The case studies that this article critically introduces compare chapters of ethnolinguistic and ethnoreligious chauvinism against a range of minorities, including Malay-Muslim citizens concentrated in the southern provinces of Pattani, Yala, and Narathiwat. These include Buddhist ethnolinguistic minorities in Thailand’s Northeast, and Catholic communities during the second world war widely referred to as the high tide of Thai ethno-nationalism. I argue that these revealing aspects of the southern Malay experience need to be contextualized—even de-exceptionalized.
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Stryjek, Tomasz. "Modele polskiej polityki pamięci. Obrazy wojny o Lwów w listopadzie 1918 roku w polskich periodykach polityczno-społecznych w miesiącu stulecia niepodległości Polski." Kultura i Społeczeństwo 63, no. 2 (December 18, 2019): 99–131. http://dx.doi.org/10.35757/kis.2019.63.2.5.
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This article contains a comparative analysis of presentations in selected Polish periodicals in November 2018 of the war between Poland and the Western Ukrainian People’s Republic over Lviv and Eastern Galicia in the years 1918–1919. In an analysis of the media discourse the author takes into account factographic, axiological, teleological, ideological, and political dimensions. He distinguishes five conventions for the presentation of the events: national-dramatic, national-heroic, martyrological-defamatory, tragic, and tragi-comical. He argues that not all have been represented in the different models of memory policy functioning in the public debate in Poland under the governments of the Law and Justice party (2015–2019). He considers that there have been four such models: the nationalist-Catholic, conservative-nationalist, universalist-patriotic, and self-critical. He argues that the rightist political party (Law and Justice) has long aligned itself with the conservative-nationalist model, while centrist groups, and especially the leftist group, do not attach great importance to memory policy. The author points to the danger resulting from neglect of historical issues in the Polish media.
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Chugrov, S. V., and A. V. Malov. "Food sovereignty and education: A Japanese type of harmonization." RUDN Journal of Sociology 19, no. 4 (December 15, 2019): 665–77. http://dx.doi.org/10.22363/2313-2272-2019-19-4-665-677.
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Every civilization has specific social-cultural rituals for eating, and contemporary Japan is a particularly interesting case. The architects of the Japanese food policy use a special respect for food in two ways: first, as a tool of soft power to spread Japanese influence worldwide; second, as an effective way to ensure food security. It is the second component that interests the authors. The article identifies key issues of Japan’s food policy. Based on the institutional analysis and the food regime theory, the authors identify the structural nature of food import dependency of the Land of the Rising Sun. The combination of the comparative approach and retrospective analysis allowed to discover a number of elements that are closely connected with the idea of food sovereignty, especially the concept of shokuiku (food education). Based on the historical-genetic method, the authors suggest a cognitive route of the terminological unit “from the component of folklore to the legislative act” and identify structural-functional features of the Basic Law ( Shokuiku Kihon-ho ). The analysis of three Basic Plans for promotion of Shokuiku proved the institutional reorientation of Japan to collectivism, healthy lifestyle and dietetics of younger generations. Despite the fact that effectiveness of re-profiling was verified by empirical data, the article provides a critical analysis of shokuiku as well. The state monopoly on food knowledge and risk discourse legitimize ideologies, generate alarmist feelings and lead to food nationalism.
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Merriam, Ch E. "The Present State of the Study of Politics." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 100, no. 1 (March 11, 2021): 183–92. http://dx.doi.org/10.30570/2078-5089-2021-100-1-183-192.
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The original outline of this article included a general overview and critique of the leading trends in the study of politics over the past 30 to 40 years. It was intended to compare the methods and results of different types of political thought-to consider in turn the historical school, the law school, researchers in the field of comparative analysis of forms of government, philosophers themselves, the approach of economists, the contribution of geographers and ethnologists, the work of statisticians, and finally to turn to psychological, sociological and biological interpretations of the political process. It would be an interesting and perhaps useful task to compare the subject and method of such thinkers as Jellinek, Gierke, Dugi, Dicey and Pound, the philosophies of Sorel and Dewey, Ritchie and Russell, Nietzsche and Tolstoy, to look at the methods of Durkheim and Simmel, Ward, Giddings and Small, Cooley and Ross, and to discuss the innovations found in the works of Wallace and Cole. It might be useful to expand the analysis to include important features of the environment in which these ideas flourished, and the many close connections between them. One could also discuss the impact of social and industrial development, class movements and class struggle or group conflicts in a broader sense, consider the impact of urbanism and industrialism, capitalism, socialism and syndicalism, militarism, pacifism, feminism, nationalism. It would be useful, perhaps, to present a critique of the methods and results described and to specifically assess the significance of logical, psychological, sociological, legal, philosophical and historical methodologies and the contribution of each of them to the study of the political. This task, however, was dropped and postponed for the next time, as it became apparent that no such review could be compressed to reasonable volumes. In order to achieve our common goal, it would seem that a different type of analysis would be more productive, aimed at reconstructing the methods of political research and obtaining more extensive results in both the theoretical and practical fields.
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Okhotskiy, Yevgeny. "Public administration in the political and legal space of modern Ukraine: problems, causes of failures, prospects." Russian Journal of Legal Studies (Moscow) 6, no. 4 (May 26, 2020): 27–40. http://dx.doi.org/10.17816/rjls19001.
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The two-part article examines problems of political-legal basis of effective public administration of modern Ukraine, analyzes the reasons for the failure of the negative consequences of the current system of public administration, presents possible future development of the modern Ukrainian state under the rule of radical nationalism, Russophobia and external political and control action. The author substantiates the necessity of forming a modern legal, professional and moral culture of the management apparatus, mastering the ability to stimulate, create and multiply, but not to slow down and destroy.
The author of the article aims to prove scientifically and on concrete facts that the tasks of modernization and social renewal can be implemented effectively by a highly professional, well-structured, nationally oriented state apparatus, a highly effective and authoritative public service.
The theoretical and methodological basis of the study is a dialectical materialistic approach to the analysis of social phenomena and mechanisms of public administration, both horizontally (genetic aspects) the essence, laws, goals, functions, principles, specific historical manifestations (taking into account the geopolitical and national-country specifics), and vertically (ideals, interests, forms and methods of legal regulation and strategic management influence) on them. A wide range of methods of scientific knowledge is used: comparative-legal, formal-logical, concrete-historical, system-functional.
The article presents the authors analysis of the inconsistency of post-soviet state construction, as well as the features and effectiveness of public administration and the causes of the crisis trend of socio-economic development of modern Ukraine, possible scenarios for future development. It is proved that the current stage of historical development for Ukraine is not just a period of becoming a sovereign state, but a time of revaluation of historical values and an attempt to adapt to the standards of the European way of life. In the meantime, the country is going through an extremely difficult, in fact, systemic crisis stage of state construction.
The author comes to the conclusion that in fact there is no strategically effective management system in modern Ukraine. The task of forming an effective system of public administration remains one of the most urgent tasks. Management goals and measures for their effective implementation must be politically, legally and economically justified, reflect the deep interest of society with the understanding that if a country does not have a strategic goal and no higher meanings, then life turns into a meaningless existence, the state falls into a situation of turbulence, disintegration and dispersion. Therefore, what is planned should be implemented systematically and consistently, in strict accordance with the law and in a healthy moral and political space. The key to success is social trust, strong political leadership, responsibility and constructive action.
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Tolstykh, V. L., and J. Aasi. "Palestinian citizenship: past, present, future." Moscow Journal of International Law, no. 4 (March 23, 2020): 31–45. http://dx.doi.org/10.24833/0869-0049-2019-4-31-45.
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INTRODUCTION. The article deals with the evolution of the Palestinian citizenship and the possibility of its development under the occupation of the Palestinian territories. Citizenship is a classic institution of public law and is perceived in a similar way in various legal systems. In this case, however, there is a very special phenomenon, the content of which is due to a number of historical, political and international legal factors.MATERIALS AND METHODS. The research is based on the analysis of Balfour Declaration 1917, UN Partition Plan for Palestine 1947, Agreement Oslo II 1995, Articles on Nationality of Natural Persons in relation to the Succession of States (ILC, 1999), Articles on Diplomatic Protection (ILC, 2006), Israeli law governing the status of Palestinians, nationality laws of the Arab states, political and regulatory acts of Palestinian institutions. The research methods include historical method, methods of formal logic, comparative method and various methods of interpretation. A significant part of the research is a comparison of positions of Israeli and Palestinian lawyers, as well as an analysis of various options for the development of the Palestinian citizenship.RESEARCH RESULTS. Currently, the status of residents of the occupied territories is determined by the Oslo II Agreement of 1995: the administrative powers are delegated to the Palestinian Authority; Israel retains the right of control. The resident status is not equivalent to the status of a citizen and is sui generis. This status implies a number of Israel’s obligations: to end it and provide a citizenship to Palestinians; recognize its international elements; transfer more powers to Palestinian institutions. The lack of regular citizenship makes it difficult for Palestinians to enjoy diplomatic protection from Palestinian institutions.DISCUSSION AND CONCLUSIONS. Presently, there are conditions for the establishment (declaration) of the Palestinian citizenship, which would fix a political connection sui generis, implying the rights of Palestinians to participate in administration of the occupied territories, their membership in a nation striving for self-determination, the right of Palestinian institutions to provide diplomatic and other protection, etc. This citizenship should be provided automatically, since it involves not naturalization, but consideration of existing social and vital ties of Palestinians to their people. The solution of the problem of diplomatic protection may consist in the development of customary law and the search for new tools, for example, protection on the part of international organizations.
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Monshipouri, Mahmood. "Political Science." American Journal of Islam and Society 14, no. 4 (January 1, 1997): 99–101. http://dx.doi.org/10.35632/ajis.v14i4.2222.
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Adopting an issue-oriented approach toward understanding Islamic andWestern political thought, Professor Abdul Rashid Moten places these two tradition'swithin historical and contemporary contexts. Moten's book thereby providesa comparative analysis of key issues, including Islamic research methodology,Islamic law, Islamic political and social order, strategies and tactics ofvarious Islamic movements, and the link between Islam and politics.In chapter 1, Moten examines the secular domination of Muslim thought andculture, arguing that secularism was imported into the Muslim world throughthe efforts of a Westernized elite. He adds that no such secular state had everexisted in the Muslim world. This owes much to the fact that there was (is) nocommon ground between Islam and secularism (p. 7). With secularism camenationalism, liberal political institutions, and the pursuit of a capitalist economicsystem. Nationalism, Moten notes, wedged its way into the Muslim world,dividing it into new nation-states and client states (p. 12). Since independence,secularism has failed to meet the socioeconomic and political needs of Muslimsocieties. The rising tide of Islamic revivalism against secular regimes inAlgeria and Turkey demonstrates disenchantment with the shattered secularistdreams in the Muslim world (p. 16).Chapter 2 attempts to scrutinize the inherent link between Islam and politics.The pillars of Islam, Moten writes, go beyond moral and spiritual upliftment;they entail both practical and symbolic significance in all aspects of life. InIslam, ethics sets the tone for politics, and the rules of political behavior originatefrom ethical norms. Political life cannot be separated from the broaderframework of the religious and spiritual life (p. 21 ). Islamic rulers have hardly,if ever, emphasized the separation of religion and politics. Since the nineteenthcentury, Islamic modernists and revivalists have debated the nature of this separation.The reemergence of Islam in Muslim politics and societies in the lastquarter of the twentieth century has pointed to a distinct Islamic order and thereawakening of Muslim identity. Moten cites, among others, Iran and Pakistanas examples of such a renaissance (p. 30). However, he fails to examine the divisiveeffects of lslamization programs in Pakistan (under Zia al-Haqq) and othercountries such as Sudan.The comparison between Western and Islamic methods of political inquiry isthe subject of close scrutiny in chapter 3. Moten maintains that the Islamic conceptionof polity is based on profound religious-cultural grounds and that religionand polity form an organic unity (p. 37). Likewise, ethics and politics are ...
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Skuratov, Y. I. "Eurasian Basis of the International Legal Policy of the Russian Federation." Moscow Journal of International Law, no. 1 (March 31, 2021): 28–45. http://dx.doi.org/10.24833/0869-0049-2021-1-28-45.
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INTRODUCTION. One of the conditions for the effectiveness of the foreign policy of any state, including its international legal policy, is its scientific character, conceptual validity, reliance on understanding both the objective laws of world development and an accurate assessment of the place and role of the respective state in this process. The creation of such a trend should be based on the synthesis of natural, social, economic, political and cultural factors that characterize the state of the country, an assessment of its participation in the international division of labor, joint projects and development programs, its role in ensuring sustainable development and globalization processes.MATERIALS AND METHODS. The article analyzes the doctrines and tendencies of the foreign policy of the Russian Federation, international treaties of Russia, statements by the leaders of states, as well as the political practice of interstate relations. During the research general scientific methods were used: system analysis, historical, formal legal, comparative, etc. In addition to the materials of the doctrine of international law, scientific categories and constructions of other social sciences (historiosophy, political science, sociology, theory and history of state and law) were used.RESEARCH RESULTS. The study made it possible to come to the conclusion that one of the main concepts of modern international politics is the provisions of the classical Eurasian doctrine. The geopolitical concept of Russia Eurasia is designed to ensure a balance between the western and eastern vectors of the country's foreign policy, predetermines its entire political history, determines the principles and standards of modern life. Of great importance for the foreign policy doctrine of Russia is the Eurasian postulate about the "local development" of our country, the peculiarities of its culture, the existence of a civilizational community. A civilizational approach to assessing the potential of Russia Eurasia should underlie the determination of the scale and nature of Russia's foreign policy. In terms of its historical scale, our country cannot be regarded as a "regional power" even despite its problems and difficulties of the current stage of development. The Eurasian doctrine, the main postulates of which are reflected in the foreign policy concept of the Russian Federation, makes it possible to find the right approaches to solving modern problems of world development, in particular, such challenges for our country as globalization, modernization, the ideology of nationalism, etc.DISCUSSION AND CONCLUSIONS. The discussion of the conceptual base of the foreign policy of theRussian Federation in the doctrine is fragmentary, often carried out in isolation from the search for the national idea of Russia. The difference in approaches to solving this problem significantly complicates the development of an official doctrine of the country's foreign policy and does not make possible to clearly define its national interests. It is obvious that the discussion of these problems should be carried out within the framework of a single cognitive process, the national idea should, on the one hand, become the basic category of the concept of Russia's foreign policy, and on the other, the final result of its creative development. The practical implementation of the Eurasian project by Russia will require making serious adjustments to the country's diplomacy, ensuring its multi-directional, western and eastern balance in the diplomatic, political, humanitarian, legal and other scopes of life.
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Dubber, Markus, and Heikki Pihlajamäki. "Lay participation in modern law: a comparative historical analysis." Comparative Legal History 3, no. 2 (July 3, 2015): 224–30. http://dx.doi.org/10.1080/2049677x.2015.1110973.
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Brüggemeier, Gert. "The Civilian Law of Delict: A Comparative and Historical Analysis." European Journal of Comparative Law and Governance 7, no. 4 (December 5, 2020): 339–83. http://dx.doi.org/10.1163/22134514-bja10007.
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Abstract This article explores the civilian tradition of the European law of delict. Part 1 tells the story of the birth of modern civil law of delict in the 19th century codifications in continental Europe, rooted in Roman law and Enlightenment Natural Law. Examples are the French and German codes, and the Japanese as a legal transplant. Fault, unlawfulness (Rechtswidrigkeit), damage, and causation are the central categories. Part 2 focuses on the challenges of industrialisation: enterprises as new actors, industrial accidents, technical risks, insurance. This part discusses the changes the civil law of delict and the common law of torts underwent to cope with these challenges. Part 3 draws some consequences from these developments. It outlines the basic structures of a postmodern civil law of delict, explicitly differentiating it from the law of torts, and as a basis for further developments in 21st century. This structure has three main features: liability for personal fault, liability for defective business activities, and Gefährdungshaftung.
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Hodlevska, Valentyna. "Galician Nationalism: History and Modernity." Scientific Papers of the Vinnytsia Mykhailo Kotsyiubynskyi State Pedagogical University. Series: History, no. 34 (2020): 61–68. http://dx.doi.org/10.31652/2411-2143-2020-34-61-68.
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The purpose of the article is to cover the history and determine the relevance of Galician nationalism. The origin and development of the nationalist movement in the region is analyzed. In our study general scientific and special historical and political science methods were applied. The general scientific methods (deductive and inductive, analysis and synthesis) were used as specific cognitive tools necessary to implement the principles of historicism, systematicism and objectivity. The general and special historical methods (historical-typological, statistical, comparative-historical, problem-chronological) allowed us to make a comprehensive analysis of the problem of Galician nationalism. The scientific novelty of the work lies in the fact that the author, for the first time in the national historical science, analyzes the features of Galician nationalism, the history of its development and the current state. Galician nationalism took shape in the 19th century. Among the predecessors of Galician nationalism, three movements can be distinguished: provincialism, federalism, and regionalism. Provincialism (later called Galicianism) was a movement that emerged in 1840 with the aim of protecting the integrity of the territory of Galicia. Regionalism became an intermediate phase in the evolution of the Galician movement between provincialism and nationalism. Galician federalism began to develop in 1865. The federalists argued that Galicia should be formed as a canton within Spain and that it be governed by its own cantonal constitution. Conclusions. As one of the four historic autonomous regions of Spain (along with Catalonia, the Basque Country and Andalusia), Galicia is significantly different in its understanding of its own nationalism. While Catalonia and the Basque Country strive for even greater independence, including threats of secession from the state, the nationalist movement in Galicia is becoming less tangible.
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Carlson, Laura. "Comparative Discrimination Law: Historical and Theoretical Frameworks." Brill Research Perspectives in Comparative Discrimination Law 1, no. 1 (November 17, 2017): 1–136. http://dx.doi.org/10.1163/24522031-12340001.
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AbstractHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The national frameworks examined are the United States, the United Kingdom and Sweden, focusing on the historical developments in each of the countries with respect to discrimination legislation. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. These include access to justice, comparative law method, feminist legal theory, critical race theory, post-colonial theory, queer theory and intersectionality.
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STEFANIV, Vasyl. "RELIGION IN THE IDEOLOGY OF EUROPEAN NATIONALIST MOVEMENTS AND UKRAINIAN INTEGRAL NATIONALISM DURING THE INTERWAR PERIOD: A COMPARATIVE ANALYSIS." Contemporary era 7 (2019): 58–74. http://dx.doi.org/10.33402/nd.2019-7-58-74.
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The article highlights the international historical context in which the relationships between nationalists and conservatives were formed during the interwar period in Europe. There was made a comparative analysis of similar and distinct attitudes towards religion in the ideology of nationalist movements in interwar Europe and Ukrainian nationalism. For the broader historical context, the example of nationalist movements in Central and Eastern Europe is crucial for understanding Ukrainian nationalism's ideology, including its attitude towards religion. It describes the complex relationships of modern nationalist movements with traditional Christianity, which was a distinct feature of the intellectual and political life of that time in Europe. The study analyzed the ideological foundations of nationalist movements in Central and Eastern Europe, where church and religion occupied a prominent place. Similar and distinctive features of the religion in the nationalist movement in Galicia were analyzed compared to the similar processes in the countries of Central and Eastern Europe. The author states that the representatives of the Polish integrated nationalism and the fascist parties that came to power, namely the National Socialist German Workers' Party (NSDAP) led by A. Hitler, the Croatian Ustasha, the Iron Guard in Romania, had a fairly large proportion of mythical foundations in their political programs and resembled political religion in their ideology. The ultimate instrument by which the nation could believe in their ideas was the Church. However, the modern political religion that was created could not completely deny the previous one. Therefore, most of the nationalist movements analyzed here had built their relationship with the Church, mainly for two purposes: first, to receive its support, hence the commitment of the believers; second, they used the authority of the Church and religion in their political activities. Keywords: nationalism, fascism, Nazism, Poland, Croatia, Romania, Codreanu, Pavelic, OUN, Onatsky.
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Murdocca, Carmela. "“There Is Something in That Water”: Race, Nationalism, and Legal Violence." Law & Social Inquiry 35, no. 02 (2010): 369–402. http://dx.doi.org/10.1111/j.1747-4469.2010.01189.x.
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This article analyzes the issue of water contamination in Kashechewan, Ontario, Canada. Through an inquiry into the way in which water contamination in one Aboriginal community was handled by the local and federal governments, this article examines processes of ongoing colonialism in Canada. Drawing on an array of sources, this article explores three features pertinent to this water crisis: historical forms of legal violence, symbolic forms of representation concerning the relationship between nationalism and the governance of race in liberal democracies, and the importance of the case study approach when examining legalized forms of violence. By examining connections between race, nationalism, and legal violence, this article explores the ways in which biopolitical forms of racial governance require an analysis that links legal violence and structural violence to historical and symbolic forms of representation.
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Karatasli, Sahan Savas, and Sefika Kumral. "Territorial Contradictions of the Rise of China: Geopolitics, Nationalism and Hegemony in Comparative-Historical Perspective." Journal of World-Systems Research 23, no. 1 (February 28, 2017): 5–35. http://dx.doi.org/10.5195/jwsr.2017.591.
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There is debate in the literature regarding whether China can become a new world hegemonic power in the 21st century. Most existing analyses focus on economic aspects of world hegemony-building processes and ignore its macro-political dimensions. This article starts with the premise that reshaping the geopolitical configuration of the inter-state system is an important part of world hegemony-building processes. One of the ways in which previous and current world hegemonic powers established their world hegemonies was through the inclusion of new nations by co-opting, supporting or sometimes selectively leading a section of nationalist movements into independence. Our comparative analysis shows that, as of now, contemporary China has not been following this historical pattern. Compared to Mao-era China, which was perceived as a champion of national liberation—at least when colonial and semi-colonial areas were at stake—today’s People’s Republic of China (PRC) is emerging as a champion of the global geo-political status quo. The current Chinese government is not actively pursuing the transformation of the inter-state system or seeking to create instabilities at different levels. This is because, unlike previous and current world hegemonic powers, during its rise to global preeminence, Chinese territorial integrity has been challenged due to rapid escalation of nationalist/secessionist movements within its own state boundaries. Hence, the PRC's foreign policy has consistently been concerned with creating and preserving macro-political stability at national and international levels.
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Arjomand, Saïd Amir. "Three Generations of Comparative Sociologies." European Journal of Sociology 51, no. 3 (December 2010): 363–99. http://dx.doi.org/10.1017/s0003975610000184.
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AbstractSurveying three generations of comparative sociologists, separated by abrupt discontinuities, the study reaches the conclusion that the original promise of comparative sociology set in motion a century ago remains largely unfulfilled. It will then be argued that the work of the third generation of comparative sociologists on civilizational analysis and multiple modernities can redeem the promise of comparative sociology by rectifying the neglect of developmental patterns in other civilizations and recovering the fundamental relevance of the periphery. The third generation is thus seeking to undo the erasure of the historical experience of a very sizeable portion of humankind from the foundation of social theory. This argument is illustrated by selective reference to the concept of the nation-state, and comparisons of civilizational processes and developmental patterns that stem from different religions and traditions and generate varieties of nationalism, alternative modernities and patterns of secularization.
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BÉLAND, DANIEL, and ANDRÉ LECOURS. "Nationalism, Public Policy, and Institutional Development: Social Security in Belgium." Journal of Public Policy 25, no. 2 (July 15, 2005): 265–85. http://dx.doi.org/10.1017/s0143814x05000309.
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The relationship between nationalism and public policy remains largely unexplored. Focusing on the link between sub-state nationalism and social policy, this article formulates three main arguments. The first is that social policy is likely to factor into processes of identity- and nation-building spearheaded by sub-state nationalism, and that nationalist movements typically trigger pressures for the decentralization of social policy. The second is that recognizing the importance of this connection should not lead to hasty conclusions about the impact of societal and institutional pressures on public policy. Nationalism is not only a societal force; it is also a political construction that reflects broad institutional legacies. The third is that the historical sequence of nationalism and policy development may create institutional forces preventing the congruence between policies and ethno-linguistic boundaries, in spite of pressures emanating from nationalist movements. The analysis of Social Security politics in contemporary Belgium provides ground to these claims.
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Jacobson, Stephen. "Law and Nationalism in Nineteenth-Century Europe: The Case of Catalonia in Comparative Perspective." Law and History Review 20, no. 2 (2002): 307–47. http://dx.doi.org/10.2307/744037.
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By the close of the nineteenth century, most continental Europeans tacitly accepted, if they thought about it at all, the notion that a civil code governed multiple personal and familial relationships in their daily lives. Like so many legislative structures, intellectual suppositions, and cultural artifacts, what was once regarded as a novel or even a major break with the past came to be understood as one of the many requisites of modernity. Contemporary historians have adopted a similarly indifferent posture, their curiosity only piqued when encountering specific provisions entangled with other political issues. In a strikingly dissimilar approach to that adopted toward penal law, they have been disinclined to explore the relationship between civil legal endeavor and political culture or the history of ideas. Only with respect to Germany have scholars considered these topics worthy of in-depth analysis; in so doing, they have demonstrated that understanding juridical culture is fundamental to appreciating the textures and peculiarities of the liberal nation state.
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Vetoshkina, E. D. "Holocaust Denial: Social Conditionality and Comparative Analysis of Criminal Law Prohibition." Lex Russica, no. 11 (November 15, 2020): 129–38. http://dx.doi.org/10.17803/1729-5920.2020.168.11.129-138.
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From the second half of the 20th century the revisionist movement has spread among scientists, public and political figures. Publicists and scientists are known for criticizing the testimonies of concentration camp prisoners and their executioners, as well as denying the possibility of mass extermination of prisoners in terms of the technical capabilities of gas chambers.Attempts to reinterpret historical events often border on extremism and pose a threat to national security, leading to a significant deterioration in international relations. At the international level, a number of acts have been adopted indicating that the Holocaust is a fact established by the verdict of the Nuremberg Tribunal, and calling on states to reject any denial of the Holocaust. International organizations that oppose attempts to rewrite history include the Council of Europe, the United Nations, and UNESCO.At the national level, responsibility for denying and justifying the Holocaust has been established in a number of states. The first group includes states that are responsible for denying and approving the Holocaust and other crimes committed by the Nazis (Germany, France, Austria, Israel). The second group includes states that equated Nazi crimes in their legislation with crimes of communism (Hungary, Czech Republic, Lithuania). The third group consists of states that prohibit the denial and justification of any genocide (Switzerland, Luxembourg). Some states (for example, the United States) refused to introduce such bans, citing freedom of speech and belief.In 2014, the Criminal Code of the Russian Federation introduced article 354.1 "Rehabilitation of Nazism", which sets forth responsibility for denying the facts established by the Nuremberg Tribunal verdict. At the same time, the legislator should not selectively approach the protection of historical events. It would be fair to criminalize the denial of genocide and other international crimes recognized by the international community, regardless of any criteria relating to the perpetrators.
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Polk, Andreas, and Andreja Primec. "Slovenian and German Competition Policy Regimes: A comparative analysis." Naše gospodarstvo/Our economy 63, no. 2 (June 27, 2017): 3–14. http://dx.doi.org/10.1515/ngoe-2017-0007.
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Abstract We use an institutional approach to analyze differences and similarities between competition policy regimes in Slovenia and Germany. We first indicate differences that exist in the implementation of EU competition law at the national level, given the unified framework of EU competition policy. In a next step, we discuss recent cases in both countries and indicate how historical developments and economic factors influence decision making and case law. We also discuss recent developments of the national competition policy regimes and indicate how the digital economy might shape competition policy in the future.
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SHAW, VICTOR N. "Productive Labor and Thought Reform in Chinese Corrections: A Historical and Comparative Analysis." Prison Journal 78, no. 2 (June 1998): 186–211. http://dx.doi.org/10.1177/0032885598078002007.
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The Chinese practice of productive labor and thought reform in correctional institutions is rooted in Chinese history and culture. It bears influence and reinforcement from the Western prison model of reform and rehabilitation introduced to China at the turn of the 20th century. However, it was not until the communist era that productive labor and thought reform were systematically instituted with a unified ideology and a military-style organization. This article examines productive labor and thought reform in terms of its history, rationale, process, and consequence. From a historical and comparative perspective, it shows what reference they may offer to Western corrections and how they may evolve with the open-up and reform policy in China.
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Tagari, Hadas. "Personal family law systems – a comparative and international human rights analysis." International Journal of Law in Context 8, no. 2 (April 30, 2012): 231–52. http://dx.doi.org/10.1017/s1744552312000067.
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AbstractThis article analyses the structures and substances of personal systems of family law based on religious affiliation within their social, political and historical contexts, and explores the varied ways in which they implicate the human rights of those governed by these systems, and the way international law and jurisprudence of human rights respond to these challenges. This analysis suggests that looking at the specific manifestations of personal family law systems in concrete contexts illuminates significant human rights implications which have not received sufficient attention in mainstream human rights discourse, for various legal, cultural and political reasons. The contexts which this article will draw on are personal family law systems in Israel, India, Lebanon and Morocco, which comprise a varied sample of family law structures and legal, cultural, social and political contexts.
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Huang, Robin Hui, Wei Zhang, and Kelvin Siu Cheung Lee. "The (re)introduction of dual-class share structures in Hong Kong: a historical and comparative analysis." Journal of Corporate Law Studies 20, no. 1 (July 29, 2019): 121–55. http://dx.doi.org/10.1080/14735970.2019.1638004.
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Kalinina, D. A. "Requirements for an Arbitrator: A Comparative Historical Approach." Lex Russica, no. 4 (April 24, 2021): 101–11. http://dx.doi.org/10.17803/1729-5920.2021.173.4.101-111.
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The paper presents a comparative legal and comparative historical analysis of one of the aspects of the institution of the arbitration, namely, the election of an arbitrator. The contractual, non-state nature of arbitration leaves the disputing parties with a wide freedom of expression, including in determining the personality of a mediator or intermediaries in resolving a dispute. The paper focuses on identifying the key features that the disputing parties should pay attention to when choosing an arbitrator (judges). The Roman jurists established comprehensive and justified set of personality traits that an arbitrator should possess in order to maintain the general idea of the conclusiveness of judicial decisions. According to the norms of Roman law, an arbitrator must be a free person, physically healthy, with a developed intellect, with life experience, not tainted by immoral acts, not involved in illegal activities, not interested in a certain outcome of the case. In the Middle Ages, the system of mandatory requirements for a mediator in a dispute was reduced due to the simplification of public relations regulated by customary law, which was reflected in legislative documents. Priority was given to the high social stratum, ethnic and religious conformity of the judge to the disputing persons. In modern times, the freedom of litigants to choose arbitrators is almost absolute, taking into account the tendency to individualize the interests of the parties to the conflict and the inability to take into account all the particular circumstances of various disputes that could affect the choice of an arbitrator. Only when resolving economic disputes, the parties were guided by the judge’s special knowledge, which makes it possible to understand the essence of the property dispute and make a fair decision. The analysis made it possible to identify the continuity of the provisions of Roman law and the requirements imposed on the arbitration intermediary in the Middle Ages and Modern times. Historical comparison revealed a tendency to reduce the number of mandatory features of the candidate for arbitration, which determined the growing importance of the freedom of the disputing parties as the most significant feature of the arbitration court.
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Daniele, Joseph R., and Aniruddh D. Patel. "An Empirical Study of Historical Patterns in Musical Rhythm." Music Perception 31, no. 1 (September 1, 2013): 10–18. http://dx.doi.org/10.1525/mp.2013.31.1.10.
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This paper introduces a new approach for the historical study of musical rhythm based on an empirical measure of rhythm known as the nPVI (‘normalized pairwise variability index’). The nPVI is an equation that measures the degree of durational contrast between successive events in a sequence. While the nPVI is increasingly used for comparative studies of rhythm in music and language, we show that it can also be used for historical research. A historical analysis of musical nPVI values from German/Austrian and Italian instrumental classical music between ∼1600-1900 reveals different patterns in the two cultures: German/Austrian music shows a steady increase in nPVI values over this period, while Italian music shows no salient increase. These patterns are discussed in light of the idea (from historical musicology) that the influence of Italian music on German music began to wane in the second half of the 1700s due to a rise of musical nationalism in Germany. The nPVI data prove to be consistent with this idea, illustrating how nPVI analysis can reveal patterns that enrich and inform historical research.
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Koev, Petar. "Espionage in Bulgarian and Latvian Criminal Law – Comparative Legal Analysis." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 12 (2018): 121–42. http://dx.doi.org/10.25143/socr.12.2018.3.121-142.
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Law scientist from the Republic of Bulgaria Petar Koev in his article covers quite a specific case – comparative legal analysis of spying in the Criminal Laws of Bulgaria and Latvia. The author accentuates the development of Criminal Laws in Bulgaria and Latvia to prevent spying. P. Koev concludes that the Criminal Law on Protection of National Secrets has been worked out in compliance with the historical aspects of both countries. Similarity between Bulgarian Criminal Code and LSSR Criminal Law during the period of socialism was connected with the ideological term “state secret” defined by political systems of the USSR satellite states. Analysis of regulations related to spying has brought out several common traits performed in legal acts after democratic changes in the development of Bulgaria and Latvia after the states gained their independence form the USSR. It has been concluded that regulations on prevention and eradication on spying have been worked out to satisfy the existent regional needs and state’s political priorities. Bulgārijas Republikas tiesību zinātnieks Petars Koevs (Petar Koev) savā rakstā skata visnotaļ specifisku problēmu loku – salīdzinošo juridisko analīzi spiegošanā Bulgārijas un Latvijas krimināltiesiskajā regulējumā. Autors aplūko krimināltiesību aktu attīstību un problēmas Bulgārijā un Latvijā, lai novērtu spiegošanas darbības. P. Koevs secina, ka tiesību akti par valsts noslēpumu aizsardzību ir izstrādāti atbilstoši abu valstu vēsturiskajiem apstākļiem. Bulgārijas kriminālkodeksa un LPSR Krimināllikuma līdzība t. s. sociālisma periodā bija saistīta ar ideoloģisko jēdzienu “valsts noslēpums”, ko noteica PSRS satelītvalstu politiskā sistēma. Ar spiegošanu saistīto normatīvo aktu analīze ir noteikusi arī dažas kopīgas iezīmes, kas izdarītas likumdošanas aktos pēc demokrātiskajām pārmaiņām Bulgārijā un Latvijas attīstībā pēc tam, kad valsts kļuva neatkarīga no Padomju Savienības. Publikācijā ir secināts, ka spiegošanas novēršanas un apkarošanas noteikumi ir izstrādāti, lai apmierinātu pašreizējās reģionālās vajadzības un valsts politiskās prioritātes.
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Mitra, Subrata K. "The Rational Politics of Cultural Nationalism: Subnational Movements of South Asia in Comparative Perspective." British Journal of Political Science 25, no. 1 (January 1995): 57–77. http://dx.doi.org/10.1017/s0007123400007067.
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The recent politics of South Asia has been dominated by separatist movements that have waged violent struggles to assert their control over parts of existing national states. The precise moment of the outbreak of these movements is influenced by the perception of the geopolitical context by their leaders and the stability of the central state against which they rebel. But their main driving force originates from a shared belief in their unique and distinct cultural identity, which, in their eyes, justifies their right to an exclusive homeland. This article examines subnationalism in South Asia as a special case of cultural nationalism. Subnationalism has long been an anomaly for both liberal and Marxist social theorists, who concede its existence but cannot explain it adequately. The analysis undertaken here moves beyond the sociological and historical accounts of the origins and evolution of subnationalism in South Asia by formulating a political explanation drawing on theories of rational choice and collective action. The article argues that (a) leaders of subnationalist movements draw on both sentiments and interests, and (b) the direction and pace of these movements are influenced by the political resources that they are able to mobilize. Though the case studies on which the article draws are mainly from South Asia, the model that underpins them is applicable to other cultural and temporal contexts as well.
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Hassan, Amna. "Women in Pakistan – A Comparative Analysis of Women's Rights on the Basis of Anglo-Saxon and Muslim Legal Traditions." Vesnik pravne istorije 1, no. 1/2020 (February 3, 2021): 283–322. http://dx.doi.org/10.51204/hlh_20110a.
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This paper draws attention towards the legal status of women in the Anglo-Saxon (common law) and Muslim legal traditions (Sharia law) of the Islamic Republic of Pakistan. In the beginning, the paper provides elaboration on the concept and historical background of Sharia law. The paper then chalks out in detail the historical background of women’s status in Pakistan based on two basic parameters, that is, on the basis of their rights under Sharia law and on the basis of their rights under common law i.e. the Constitution and legal Statutes. Although Sharia law generally treats women as equal to men, there are still certain matters in which women are treated unequally such as marriage, divorce, inheritance, property rights, etc. The paper then concludes with a comprehensive analysis of the rights of women in Pakistan under both systems of law through a study of case-law.
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Quigley, John, Nguyen Ngoc Huy, Ta van Tai, and Tran van Liem. "The Le Code: Law in Traditional Vietnam: A Comparative Sino-Vietnamese Legal Study with Historical-Juridical Analysis and Annotations." American Journal of Comparative Law 36, no. 2 (1988): 388. http://dx.doi.org/10.2307/840420.
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Ihalainen, Pasi. "The Sanctification and Democratisation of "the Nation" and "the People" in Late Eighteenth-Century Northwestern Europe." Contributions to the History of Concepts 3, no. 2 (April 1, 2007): 125–51. http://dx.doi.org/10.1163/180793207x234798.
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This paper suggests that the study of the modernisation of European political cultures in the eighteenth century would greatly benefit from a comparative conceptual historical approach. is approach would effect the reconstruction of a variety of meanings attached to chosen political concepts in different national contexts through the side-by-side analysis of primary sources originating from each case according to the methodology of both historical semantics and pragmatics. A promising research topic is the continuity and change in the conceptualisation of national community, national identity, popular sovereignty and democracy in various European political cultures. e conceptual analyses of late eighteenth-century political sermons from five northwestern European countries, conducted by the author, for example, reveal that conceptual changes related to the rise of nationalism took place even within public religion, allowing it to adapt itself to the age of nationalism. Further analysis of the secular debates taking place in representative bodies and public discourse in late eighteenth-century Britain, the Dutch Republic and Sweden elucidates the gradual development of the notion that all political power is ultimately derived from the people and that such a system constituted a "democracy" in a positive sense within different parliamentary traditions and perhaps even before the French Revolution.
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Nesticò, Antonio, and Piera Somma. "Comparative Analysis of Multi-Criteria Methods for the Enhancement of Historical Buildings." Sustainability 11, no. 17 (August 21, 2019): 4526. http://dx.doi.org/10.3390/su11174526.
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The protection of cultural heritage is essential to preserve the memory of the territory and its communities, but its enhancement is also important. In this perspective, the theme of choosing the best use for historic buildings, which often make up a substantial and widespread part of real estate and which can become a driving force for the sustainable development of cities, is important. These decision-making processes find effective support tools in Multi-Criteria Decision Making (MCDM) methods, able to consider the multiple financial, social, cultural, and environmental effects that the enhancement project generates. In order to identify the most appropriate evaluation approach to select the best use of the building, this paper proposes a comparison between some of the best-known MCDM methods: Analitic Hierarchy Process (AHP), ELimination Et Choix Traduisant la REalité (ELECTRE), Tecnique for Order Preference by Similarity to Ideal Solution (TOPSIS), and the Compromise Ranking Method (VIKOR). The comparative analysis gives rise to the validity of the AHP, which is useful for reducing the problem into its essential components, so as to make a rational comparison among the design alternatives based on different criteria. The novelty of the research is the characterization of the hierarchical structure of the model, as well as the selection of criteria and indicators of economic evaluation. The application of the model to a real case of recovery and enhancement of a former convent in the province of Salerno (Italy) verifies the effectiveness of the tool and its adaptability to the specificities of the case study.
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Nash, Bradley. "Labor Law Reform and Organized Labor: A Comparative Historical Sociology of Unanticipated Outcomes." Humanity & Society 43, no. 2 (December 25, 2017): 120–39. http://dx.doi.org/10.1177/0160597617748167.
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This article provides a comparative historical examination of the unanticipated consequences of labor law reforms in capitalist democracies during the twentieth century. The study of unexpected effects has a long history in sociology, and the cases analyzed here prove particularly instructive. Primary attention is given to earlier labor law projects in Germany and France that targeted the role of organized labor within industrial relations. Though divergent in political aims, legal reforms in the two countries converged in that the outcomes proved contrary to state intentions. Specifically, whereas postwar German conservatives had hoped to weaken labor unions with the Works Constitution Act of 1952 and French socialists aimed to strengthen organized labor by implementing the Auroux Laws during the 1980s, the legislative initiatives in the two nations ultimately had unexpected impacts. Analysis of what caused these unanticipated effects points toward two common factors: strategic actions (or inactions) by relevant social agents and the indeterminate nature of legal discourse itself. This article concludes with a consideration of the possibilities for labor law reform in the United States.
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Dunbar, William R., and Noam Lior. "Teaching Power Cycles by Comparative First- and Second-Law Analysis of Their Evolution." International Journal of Mechanical Engineering Education 25, no. 1 (January 1997): 13–31. http://dx.doi.org/10.1177/030641909702500103.
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The teaching of power cycles in courses of thermodynamics or thermal engineering was traditionally based on first-law analysis. Second-law analysis was typically taught later, and not integrated with it. This approach leaves the student ignorant of the effect of operating parameters and cycle modifications on the accompanying exergy (availability) magnitudes and component irreversibilities, which are necessary for evaluating the potential for further system improvements. It also leaves many of the students with an ambiguous understanding of the exergy concept and its use. Consonant with the gradual changes in this educational approach, which increasingly attempt to integrate first- and second-law analysis, this paper recommends a strategy which integrates exergy analysis into the introduction and teaching of energy systems, demonstrated and made didactically appealing by an examination of the historical evolution of power plants, emphasizing the objectives for improvements, accomplishments, constraints, and consequently the remaining opportunities. Important conclusions from exergy analysis, not obtainable from the conventional energy analysis, were emphasized. It was found that this approach evoked the intellectual curiosity of students and increased their interest in the course.
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Shchennikova, L. V., and A. Yu Migacheva. "Usufruct Law: Origins, Comparative Legal Analysis and Prospects of the Development in Russia." Вестник Пермского университета. Юридические науки, no. 52 (2021): 321–45. http://dx.doi.org/10.17072/1995-4190-2021-52-321-345.
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Introduction: the reform of modern civil legislation cannot be completed without the adoption of a package of amendments to the section of the Civil Code of the Russian Federation devoted to real rights. Moreover, the lack of a developed and consistent concept of real rights has a negative impact on the development of all related areas. Real rights are designed to solve strategic problems of state development, among which social issues are currently coming to the fore. In this regard, it is important to study individual real rights proposed for introduction into civil legislation in terms of their potential to promote not only the economic but also the social development of the country. This paper focuses on usufruct in the aspect of its historical identity, powerful functional message, and internationality. Purpose: the research aims to clarify the significance of real law[1] regulation in solving nationally significant problems. Based on the achievements of foreign doctrine and legislation, we attempt to show the prospects of the introduction of usufruct in the Russian system of real rights. Methods: general (philosophical), general scientific, special scientific (including special legal) methods of cognition: dialectical, logical, historical, sociological, comparative-legal and formal-legal. Results: we have studied civil legislation of thirty countries of the world. The study has shown that the introduction of usufruct can have a positive social and economic effect, but only provided that the legislator does not deviate from the historically established concept of usufruct embodied in foreign law. Conclusions:the Draft of Section II of the Civil Code of the Russian Federation ‘Real Rights’ needs revision, with the initial social function of usufruct taken into consideration. It is necessary to work out a system of grounds for the emergence and termination of usufructuary rights, to introduce a mandatory notarial form of a contract for the establishment of usufruct, to provide for the possibility of establishing usufruct by virtue of law in relation to socially significant objects and on the basis of a court decision, to enshrine non-use of the right among the grounds for termination; to allow the establishment of usufruct in relation to citizens and legal entities, and not only non-profit organizations; to allow multiple usufructuaries; to describe in detail the rights and obligations of the owner and the usufructuary, including the duties of treating the property with care, and to indicate the possible limits of the disposal of the property by the usufructuary, including via transactions; to work out the rules for the exercise of the right of usufruct in relation to certain categories of objects, for example: property of minors, inheritance, agricultural land, forests, minerals, etc.
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Vecchiato, Virginia. "Definition as a Genre in Three Legal Systems: A Comparative Analysis." Comparative Legilinguistics 44, no. 1 (December 1, 2020): 65–92. http://dx.doi.org/10.2478/cl-2020-0012.
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Abstract This paper aims at comparing the definition of ‘trademark’ in three different legal systems – EU law, international law and US common law – in order to identify the discoursal, generic and textual characteristics of definition as a genre. The selected corpus of analysis is made up of three definitions from EU Regulation 2017/1001, WTO Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS) and US Lanham Act (sec.45) and of several US cases from 1926 to 2019. The theoretical framework within which the analysis is carried out is the seminal work on definition as carried out by Richard Robinson (1954) and Harris and Hutton (2007). The approach is mainly linguistic, though a historical excursus on the concept of definition is provided as a necessary introductory premise. The findings demonstrate that EU legal texts are characterised by a hybrid style (Robertson 2010) which results from the combination of common law and civil law textual features. The analysis of the definitional sections here displayed supports this point and confirms that EU term formation and definition are text-driven (Šarčević 2016). EU legal texts in their English version originate from the dynamic combination of two aspects: one connected to EU legal English – which is not common law English – and one connected to matters of terminology, syntax and general structure which has a French origin.
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Долголенко, Татьяна, and Валентина Дорошенко. "Malicious evasion of alimony to support children and disabled parents: historical, comparative law analysis and court practice." Криминологический журнал Байкальского государственного университета экономики и права 9, no. 3 (2015): 514–24. http://dx.doi.org/10.17150/1996-7756.2015.9(3).514-524.
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Bussani, Mauro. "Deglobalizing Rule of Law and Democracy: Hunting Down Rhetoric Through Comparative Law." American Journal of Comparative Law 67, no. 4 (December 2019): 701–44. http://dx.doi.org/10.1093/ajcl/avaa001.
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Abstract Notwithstanding the well-known differences that run through cultures and traditions, the West has never stopped trying to export its own law into the rest of the world. During and after the colonial era similar endeavors were spreading Western views on how legal issues are to be understood and handled, thereby broadening the West’s area of influence on global legal affairs. More recently, these efforts have overlapped with (and have been blurred by the rhetorical veil of) so-called legal globalization. The focus of this Article is on the attitudes and methods underpinning the ongoing Western attempts to transplant the two pillars of Western civilization, i.e., democracy and the rule of law, into outside contexts. Confronted with processes that concern different legal systems, this Article cannot but take a comparative law approach. Such an approach entails a careful consideration of the historical and contextual factors and will enable an analysis of data that are usually either discarded or underrated in mainstream legal debates. Thus notions, ideas, and debates about the rule of law and democracy will be reappraised from a comparative law point of view in order to both unearth their intimate legal foundations and to scrutinize their potential for being transplanted outside Western societies. The analysis will show how this potential, to the extent that it exists, can only be exploited through a radical shift from the usual way in which the West approaches the legal settings it aims to change.
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Jiang, Jize. "The Politics of Punishment and Protection: A Comparative Historical Analysis of American Immigration Control, 1990–2017." Law & Policy 42, no. 2 (April 2020): 125–61. http://dx.doi.org/10.1111/lapo.12146.
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Dent, Christopher M. "Brexit, Trump and trade: Back to a late 19th century future?" Competition & Change 24, no. 3-4 (April 29, 2020): 338–57. http://dx.doi.org/10.1177/1024529420921481.
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There are striking similarities between today’s early 21st century trade political economy and its late 19th century equivalent. Ascendant populist nationalism, escalating trade protectionism and tariff wars, growing discontent over globalization’s distributional impacts and fast emerging economic superpowers disrupting the global order are features shared by both periods. This comparative historical analysis explores what lessons and conclusions we may draw from the past late 19th century world that can be applied to today. Integral to this discussion are the prospects of our early 21st century world experiencing a similar endgame of global conflict, as transpired around a century ago. In revisiting the past to better understand the present and future, this paper first evaluates empirical similarities between the trade political economies of both periods. It then applies theories and concepts of economic nationalism, globalization and interdependence in developing deeper conclusions and arguments. Brexit, Trump and their historic parallels serve as primary focal points in this study.
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Schneider, Matthew. "Water Sovereignty in the Age of Global Capitalism." Sociology of Development 6, no. 1 (2020): 30–65. http://dx.doi.org/10.1525/sod.2020.6.1.30.
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This paper discusses the process of “accumulation by dispossession” of water resources by the institutions of the transnational state and the role of nationalism in the resulting movement for reappropriation. A comparative analysis of Latin American countries is conducted using data obtained from UN databases and historical accounts. The object of this analysis is to delineate a causal pathway surrounding the dynamics of water sovereignty in the age of global capitalism. I find that privatization is not likely to occur if there is a lack of crisis or there is a socialist executive; however, if privatization does occur, and the appropriating action is taken by a multinational corporation, activated nationalist sentiment may lead to reappropriation of water resources.
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Hellmann, Olli. "The historical origins of corruption in the developing world: a comparative analysis of East Asia." Crime, Law and Social Change 68, no. 1-2 (January 13, 2017): 145–65. http://dx.doi.org/10.1007/s10611-016-9679-6.
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Bhat, Anand Sing. "Theories of Nation Building: An Analysis for Academicians and Nation Builders to Employ Nepali Army." Unity Journal 2 (August 11, 2021): 1–17. http://dx.doi.org/10.3126/unityj.v2i0.38788.
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Some of the theories of nation building have been dedicated to the study of link between nation and nationalism; others are attributed to explore nation building, state building, social integration, national integration and even conflict transformation during various historical periods. However, nation building is a normative concept used by academicians and nation builders alike to study the role of armed forces in nation building in recent times. Although research has conducted on ethnicity and nation building in Nepal, a little is known about application of theoretical perspective to explore the role of Nepali Army in nation building. Apparently, this article argues that the level of theoretical awareness of academicians and nation builders needs improvement and multiple theories of nation building are relevant to explore the role of Nepali Army in nation building during various enclaves of Nepali nation. Important issues like what are the relevant theories in Nepali context to analyse nation building? Their implication during the historical times to study the link of Nepali Army with nation building needs to be studied. Hence, this paper comparatively examines a nation building theories and their relevant implications during various enclaves of Nepali nation particularly applauding the role on Nepali Army. Conceptual framework based on Saunder's Research Onion Peeled (2007) method was used with qualitative design in a way of inductive approach to conduct the research work to investigate the research questions. Comparative document study, library research, quick survey with policy makers, government employees, professors, university students APF Officers and Army Officers based on purposive sampling method have been used. Study found that Nepali nation passes through its own way of building the nation in various enclaves, none of the theories are complete to study the employment of Nepali Army to produce visible and encouraging results. The level of theoretical awareness of academicians and nation builders needs further improvement. For this, multiple theories particularly related to social transformation, infrastructural development in support of centre to periphery relation; social integration and nationalism are appropriate.
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Gudžinskas, Liutauras. "Trends in confidence in public institutions: A comparative analysis of the Baltic countries." Politics in Central Europe 13, no. 1 (June 1, 2017): 7–33. http://dx.doi.org/10.1515/pce-2016-0020.
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AbstractThe paper focuses on the variation of institutional confidence in the Baltic countries. Within of framework of qualitative comparative framework, it employs a historical approach to detect causes of divergence of trust in rule of law institutions between Estonia vis-à-vis other two Baltic states. While it observes a range of variables that could affect the differences, it emphasises the role of political leadership during critical junctures, which might explain both why Estonia forged ahead at the outset of the post-communist transformation and most recent positive developments in the Baltic countries since the financial crisis in 2008–2010.
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Bogolyubov, Egor. "Historical and Legal Analysis of the Institution of Disposal of Property After the Liquidation of Public Organizations." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 26–35. http://dx.doi.org/10.24147/1990-5173.2020.17(3).26-35.
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Introduction. The history of public organizations is an actual topic of scientific research. Originated in
ancient times, they have passed a long way of development. Comparative study of the legal status of public
organizations is extremely rare, although such studies would be not only interesting, but also useful for further
improvement of legislation. Purpose. The aim of the study is to identify models of property disposal after the
liquidation of public organizations in Roman law and to trace the reception of these models at different stages
of development of domestic legislation. Methodology. Formal legal, comparative historical and comparative
legal research methods were used in writing the article. Results. It is revealed that in Roman law there were
three variants of disposal of property after liquidation of public organizations. In the domestic legislation these
models were applied in various configurations depending on concrete historical circumstances. The transfer of
property to state ownership was most often used in Soviet law, the direction of property for the implementation
of statutory purposes prevailed in pre-revolutionary legislation. Modern Russian law gives preference to the
latter option, but in rare cases allows the possibility of turning property into state property. Conclusion. The
issues covered in the article will allow to better understand the place and role of public organizations at
different historical stages of the development of the national state. The predominance of one or another option
of disposal of property after the liquidation of public organizations indicates the degree of freedom of the latter
from the state. A comprehensive study of the legal regime of the property of public organizations at different
stages of the development of civil society in Russia is seen as promising in this regard.
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Momotov, V. V. "Bioethics in the Context of Legislative Framework and Law Enforcement (Euthanasia)." Lex Russica, no. 10 (October 24, 2019): 9–15. http://dx.doi.org/10.17803/1729-5920.2019.155.10.009-015.
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The article is devoted to one the most acute issues of bioethics, namely, the issues of legal approaches to euthanasia. The institute of euthanasia is commonly investigated in ethical and philosophical contexts. However, there is no any comprehensive legal research of the issue under consideration. Due to the fact that the Russian Federation public order prohibits euthanasia, the study is based on comparative analysis of legal and historical resources, as well as case law of the European Court of Human Rights. The author represents the general historical review of development of approaches to the institute of euthanasia.
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Inna N., Mamkina. "Forms of Legitimization in the Russian Empire." Humanitarian Vector 16, no. 3 (June 2021): 34–43. http://dx.doi.org/10.21209/1996-7853-2021-16-3-34-43.
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The article is devoted to a comprehensive study of the legitimization forms in the Russian Empire. It also presents the idea of inextricable connection between the understanding of a historical event or phenomenon and the socio-political processes reflected in law. Therefore, the understanding of the Imperial law system, the insight into the peculiarities and processes of its legitimization formation is the basis of historical studies of the Russian Empire period. The purpose of this paper is to summarize and to give the comparative analysis of the legitimization forms existing on the territory of the Russian Empire and its outskirts in the period of the 18th ‒ early 20th centuries. The methodological basis of the study is a set of historical and legal methods used in the state-legal phenomena study. The study uses the comparative-historical, terminological analysis and comparative law methods. The paper is interdisciplinary, it is written at the intersection of jurisprudence and historical science. The study found a variety of legitimization forms enshrined in Russian Law, which are difficult to classify. It was noted that the classification and hierarchy of Russian Legislation depended on the extent of the monarch’s involvement in the legislative process. The author draws attention to the fact that the legitimization within the spatial and personal scope has some features that are most pronounced toward Siberia. When analyzing the content of a number of Charters and Provisions, specific standards or exemptions regarding this act enactment on the Empire outskirts are often found. The organization of power on the national Empire outskirts was regulated by special acts. The author concludes that despite the variety of legislative forms the Emperor’s will remained above the law and the law-making mechanism provided for its legal confirmation forms. Indeed, from a legal standpoint, such acts weakened the strong arm and the rule of the law, on the other hand, they speed up some decision-making processes. Keywords: the Russian Empire, Siberia, System of Law, sources of Law, form of Law, legislation, autocracy
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Hoxha, Lulzim. "The impact of Albanian schools in the Nation-building process." European Journal of Social Sciences Education and Research 3, no. 1 (April 30, 2015): 61. http://dx.doi.org/10.26417/ejser.v3i1.p61-65.
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Education is often perceived as an individual will of citizens to become part of the social edifice, in which they learn the history of their ancestors and their country despite of the political sphere. In this paper I’ll try to argue that not only education isn’t an independent category of knowledge, but also that the whole process of learning is marked and shaped by a given political goal, namely the construction of a solid social space which defines our political identity as members of a community. A further study of the historical contexts in which education gave birth to a unified social community will give an answer to the issue if education is a field deprived of any political argument but only objective truths, or if this field performs specific functions to unify a functionally divided society and its mission comes from outside the education system. This issue will be treated through a comparative analysis between two opposite scholars of nationalism such as Isa Blumi and Denisa Kostovicova. Firstly I’ll try to argue the impact of schools and mass education on the construction of national myths from the perspective of the contemporary theories of nationalism which will be explained in the discussion between the primordialist (learning has always existed and it contains historical truths despite of the political sphere with the final mission of nationally promoting mother tongue) and the instrumentalist (learning is shaped as a political instrument with a specific function) viewpoint.
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Ziemele, Ināra. "RESPONSIBILITY IN CONSTRUCTION LAW." Administrative and Criminal Justice 4, no. 81 (December 30, 2017): 36. http://dx.doi.org/10.17770/acj.v4i81.2845.
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The new Construction Law and others Construction Regulations come into force on 01.10.2014. to define responsibility of construction specialists and institutions. Since then passed more than two years and responsibility of construction still is an important question in construction.The aim of paper is to summarize information about how responsibility is working in practice. Research focuses on how responsibility which is regulated by the new regulatory enactments matches with situation in practice.There are used methods of historical research, analysis, comparative analysis, systematic text condensation and theoretical method of research to investigate, analyse and summarize information of publications and regulatory enactments about responsibility and situation in practice.The main conclusion shows that there is not clearness about responsibility of every person in construction and responsibility which is regulated by the new regulatory enactments is not properly working in practice.
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Švecová, Adriana. "Švecová, Adriana, Deutsch-slowakische interlinguale Parallelen in der Erbrechtsterminologie am Beispiel der Tyrnauer Bürgertestamente des 18. und der ersten Hälfte des 19. Jahrhunderts." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 136, no. 1 (June 26, 2019): 229–60. http://dx.doi.org/10.1515/zrgg-2019-0008.
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Abstract The Interlingual German-Slovak Parallels in the Law of Succession Terminology of the Trnava Burgher Testaments from the 18th and 19th Centuries. The author focused on the terminology related to German and Slovak testaments from the 18th and 19th centuries, which can be found in the Slovak State archive in Trnava (town in the northern part of the Hungarian Kingdom, more precisely in its part called Upper Hungary which is the present-day Slovakia). The terms’ analysis was descriptive and comparative. The the research analyzes the historical language (gained through archival research), it reflects the legal-historical background and the relation of language and terminology. This research paper is of comparative character and gives evidence of how German language influenced the Slovak language due to interlingual coexistence of these two ethnic groups, dominant in the urban areas of the Upper Hungary region, i.e. the present-day Slovakia.
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Plockaya, Olga. "Customary Law Experience of Crime Prevention in the Customary Law of the Permian Peoples." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 354–64. http://dx.doi.org/10.17150/2500-4255.2019.13(2).354-364.
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The goal of this research was to study the customary law experience of the Permian peoples in the sphere of crime prevention. To achieve this goal, the author studied the specific features of the model of crime prevention in the ethnic community and the methods of legal education used by the Permian peoples and aimed at crime prevention. The object of research is the customary law norms and institutes, as well as traditional beliefs common for the Permian peoples and widely used in the customary law practices of the eastern Finno-Ugrians. The study uses different research approaches. Thus, the use of some elements of the civilization and formation approaches contributed to the analysis of the object of this work from the standpoint of the development of public, spiritual and moral, general cultural relations in the Permian ethno-local society. The anthropological approach was necessary for the analysis of the mentality and legal consciousness of some ethno-local groups of the Permian peoples and their influence on the early detection and prevention of crimes. The institutional approach, the elements of which were used in the current study, made it possible to show the mutual correlation between the customary law sources of law, the forms of positive law and state institutions. The historical approach gave the author an opportunity to describe certain elements of customary law of the Permian peoples as part of the legal system of the Russian state. The methodological basis of this study is the integral complex of the cognition methods used not only in the contemporary legal science, but also in other humanities. These are the historic-legal, systemic, structural-functional, formal legal, comparative legal methods, the method of logical analysis, etc. Special attention is paid to the text analysis of legal, mythological, historical sources, as well as the reconstruction of the elements of common law experience in the sphere of crime prevention in the customary law of the Permian peoples. The author attempts to identify the specific feature of legal education, and the causes of the effectiveness of customary law norms. She presents a comparative legal analysis of the sources of law, such as the retrospective normative legal acts, as well as the historical-legal, ethnographic, folklore data. The research of ethno-linguists, ethnologists, studies in pedagogics, the theory and history of law are used to reconstruct the genesis and replication of the specific features of the customary law experience in the sphere of crime prevention in the customary law of the Permian peoples.