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1

Ewan, McKendrick. Ch.7 Non-performance, s.4: Damages, Art.7.4.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0154.

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This commentary analyses Article 7.4.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning proof of harm in case of replacement transactions. Under Art 7.4.5, entry into a substitute transaction generally entitles the aggrieved party to recover damages. If the aggrieved party has terminated the contract and has made a replacement transaction within a reasonable time and in a reasonable manner, it may recover the difference between the contract price and the price of the replacement transaction as well as damages for any further harm. This commentary discusses Art 7.4.5's overlap with Art 7.4.8 and the burden of proof of the aggrieved party to establish that it has terminated the contract, that it was entitled to do so, and that it has made a replacement transaction within a reasonable time and in a reasonable manner.
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2

Singer, Abraham A. Ronald Coase and the Difference between Markets and Firms. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190698348.003.0004.

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This chapter reviews the development of transaction cost economics and unpacks its theory of the firm. The chapter begins with the marginal revolution in economics and how it altered the way economists understood the corporation. It then reviews the work of Ronald Coase and Oliver Williamson, explaining how they provided a novel account of firms. Transaction cost economics emphasizes how firms use hierarchy and bureaucracy to overcome problems of opportunism and asset-specific investment to coordinate some types of economic activity more efficiently than markets can. The transaction cost account of the corporation’s productivity component is shown in tabular form in comparison with its historical forerunners reviewed in the previous chapter.
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3

Archuleta, Christopher C. Gender, intimacy, and transactive memories of romantic relationships. 1999.

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4

Roger, Mccormick, and Stears Chris. Part VIII Examples of Legal Risk, 28 Recharacterization. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0029.

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This chapter considers the risk of ‘recharacterization’, which refers to the court’s practice of deeming a transaction to be something other than what the parties intended. It argues that although English courts rarely indulge in recharacterization, there are policy considerations that may come into play and put the more adventurously structured transactions at risk. It is important that this risk, which is a legal risk, be understood and evaluated in the more extreme cases and that it is strictly confined to cases where the policy reasons for recharacterization are compelling. The remainder of the chapter discusses different ways of raising money, the risk of wrong labels, essential differences between sale and security, the lender’s dilemma, and the House of Lords’ decision in National Westminster Bank plc v Spectrum Plus Ltd.
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Roger, Mccormick, and Stears Chris. Part VI Early Perceptions of Legal Risk, 22 Settling Differences. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0023.

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This chapter examines some of the other legal uncertainty issues, principally in relation to set-off and netting, that were troubling various sectors of the financial markets at around the time of the Hazell v Hammersmith and Fulham London Borough Council and Re Charge Card Services Ltd cases. It first looks at a number of general, but very important, concerns that lawyers in the market had in relation to the operation of set-off and netting. Second, it considers a particular form of transaction that featured many of those (and other) concerns. Finally, it examines some of the more significant case law and legislative developments. In reviewing these issues, readers should bear in mind the huge importance that ‘certainty’ in this area of the law has now assumed.
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6

Ewan, McKendrick. Ch.7 Non-performance, s.4: Damages, Art.7.4.6. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0155.

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This commentary analyses Article 7.4.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning proof of harm by current price. If the aggrieved party has terminated the contract and has not made a replacement transaction but there is a current price for the performance contracted for, Art 7.4.6 stipulates that it may recover the difference between the contract price and the price current at the time of termination as well as damages for any further harm. The aim of Art 7.4.6 is to provide a measure of certainty by stipulating the measure of damages recoverable in the case where the aggrieved party has not entered into a replacement transaction. The burden of proof is upon the aggrieved party to prove that it was entitled to terminate the contract between the parties and that there is a ‘current price’, and upon the non-performing party to prove that the aggrieved party did enter into a replacement transaction.
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7

Freeman, Samuel. Liberalism and Distributive Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190699260.001.0001.

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This volume of essays addresses a wide range of issues in contemporary political philosophy, from the different branches of liberalism and their relation to capitalism, to the basic institutions of a liberal society that underwrite political and economic justice. Samuel Freeman is a leading political philosopher and one of the foremost authorities on the works of John Rawls. This volume contains nine of his essays on liberalism, Rawls, and distributive justice. Freeman organizes his chapters into a narrative arc: from liberalism as the dominant political and economic system in the Western world, to the laws governing interpersonal transactions in a liberal society, to the broad social and political structures that determine distributive justice. Freeman analyzes the primary differences between the classical and high liberal traditions; shows why libertarianism is not a liberal view; argues for the social rather than global bases of distributive justice; demonstrates why Rawls’s difference principle supports a property-owning democracy rather than welfare-state capitalism; and shows how Rawls’s liberal principles of justice and the difference principle are to be applied in both ideal and non-ideal circumstances, effectively responding to criticisms by Amartya Sen, G. A. Cohen, and others.
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8

Snyder, C. R., and Beth L. Dinoff. Coping. Oxford University Press, 2015. http://dx.doi.org/10.1093/med:psych/9780195119343.003.0001.

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This chapter traces the history of the coping process and will arrive at a definition that encompasses modern thinking and research, considering psychodynamic roots and defense mechanisms, appraisal/transactional processes, Type A behavior patterns, and the emergence of the individual differences view.
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9

Eisenberg, Melvin A. The Building Blocks of Formulas to Measure Expectation Damages; the Indifference Principle. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0013.

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Chapter 13 concerns the building blocks of formulas to measure expectation damages: replacement cost, market price, resale price, diminished value, and lost profits. Replacement-cost damages are based on the difference between the contract price and the actual or imputed cost of a replacement transaction. Resale-price damages are based on the difference between the contract price payable by a breaching buyer and the price the seller received on resale to a third party. Diminished-value damages are based on the difference between the value of the performance that a breaching seller rendered and the value of the performance that she promised to render. Lost-profit damages are based on the difference between the price a breaching buyer agreed to pay and the seller’s variable costs.
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10

Devos, Erik. Physical Commodities. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190656010.003.0007.

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Unlike other financial assets, commodities have a physical component that introduces additional complexities for valuation and hedging. Physical commodities are broadly classified into energy, metals, agricultural, and livestock with each having unique characteristics. Still, commodities of the same type are subject to varying degrees of quality. Commodity investments typically use futures contracts, as opposed to spot transactions. Most futures transactions are closed before expiration and physical delivery is infrequent. The futures price is rarely equal to the spot price, and the intertemporal difference is related to the carrying costs and benefits of possessing the underlying commodity. Carrying costs include transportation, insurance, storage, and opportunity costs, while benefits are reflected in convenience yield and lease rate. Speculators seek to profit from discrepancies between markets over time. Manufacturers and end users are more likely to conduct hedging transactions, while large-scale financial institutions are more likely to conduct speculative positions.
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11

Dari-Mattiacci, Giuseppe, and Gerrit DeGeest. Carrots vs. Sticks. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.41.

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This article draws a general picture of the differences between the metaphors of carrots and sticks. It discusses incentive effects (in principle, a $100 carrot creates the same incentives as a $100 stick, but there are exceptions); transaction costs (carrots are paid upon compliance, sticks upon violation, therefore sticks have lower transaction costs if the majority complies); risks (probabilistic carrots create risks for compliers, probabilistic sticks for violators); wealth and budget constraints (the maximum carrot depends on the principal's wealth, the maximum stick on the agent's wealth, but sticks can have a multiplication effect); distributive effects (carrots may overcompensate, sticks may undercompensate; individualizing sanctions changes the distributive effect of carrots but not of sticks); activity level effects caused by these distributive effects; the principal's incentives to behave opportunistically; and the agent's incentives to self-report. The article also discusses special types (precompensated, annullable, combined, intra-group financed, reversible, strict liability carrots and sticks) and two extensions (political risks, behavioural effects).
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12

Magda, Raczynska. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0009.

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This book has examined the default rules governing proprietary interests in derived assets and the issues with contracts that provide for proprietary interests in such assets. It has analysed the circumstances that allow the secured creditor or supplier to make a proprietary restitutionary claim to proceeds of unauthorised dispositions of assets subject to security interests and title-based interests. It has shown that security interests and title-based interests extend to accretions, which become part of the original asset and, with the exception of pledges, to mixtures. It has proposed a new structure of the legal relationship between parties to secured transactions and title-based transactions. The book has also considered the difference in treatment between fruits (income) and substitutes by citing Article 9 of the U.S. Uniform Commercial Code. Finally, it has discussed whether a ‘principle of substitutions’ is supported under the current English law.
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13

Deater-Deckard, Kirby, Nan Chen, and Shereen El Mallah. Gene–Environment Interplay in Coercion. Edited by Thomas J. Dishion and James Snyder. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199324552.013.4.

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Coercive relationship dynamics are established and operate within reactive and regulatory intra- and interpersonal processes in families. These regulatory processes function within complex transactions between genetic and nongenetic processes that are transmitted from parents to children. This chapter highlights examples of gene–environment interplay in several key components of coercive family processes, with a special focus on parent and child self-regulation problems in coercive interactions. These include gene–environment correlation, gene–environment interaction, and epigenetic mechanisms that contribute to individual differences in self-regulation and dyadic regulation. These are conceptualized within a framework of ongoing parent and child effects operating within family dyads.
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14

Colin, Bamford. 4 Personal and Property Rights. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198722113.003.0004.

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The chapter explores the differences between property rights and rights that can be enforced only by action against a person. It contrasts the position in common law systems with that in civil law countries. The common law system is explained by looking at the development of equity and of the concepts of equitable ownership and of the trust. The chapter then examines the distinction by reference to case law, particularly in relation to the mechanism of charge-backs. It then argues that the approach adopted by the common law is particularly well suited to the needs of financial transactions, in syndicated lending, bond issues project financing fund management and in allowing flexibility in the structuring of complex security arrangements.
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15

Roberts, Brent W., and Patrick L. Hill. The Sourdough Model of Conscientiousness. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199373222.003.0009.

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Conscientiousness is a spectrum of constructs that describe individual differences in the propensity to be self-controlled, responsible to others, hard-working, orderly, and rule abiding. This chapter discusses the factors that are critical for the development of conscientiousness. It introduces a bread-making analogy, stating that the creation and development of conscientiousness is akin to making sourdough bread. The analogy identifies the key ingredients that serve as the basis to conscientiousness, the environmental conditions under which conscientiousness is fostered, and the timing issues critical to the full development of the trait. The chapter also discusses the implications of this transactional model of the development of conscientiousness for interventions intended to foster conscientiousness in students.
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16

Aktor, Mikael. Social Classes. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198702603.003.0005.

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The notions of class (varṇa) and caste (jāti) run through the Dharmaśāstra literature on all levels. They regulate marriage, economic transactions, work, punishment, penance, entitlement to rituals, identity markers like the sacred thread, and social interaction in general. Although this social structure was ideal in nature and not equally confirmed in other genres of ancient and medieval literature, it has nevertheless had an immense impact on Indian society. The chapter presents an overview of the system with its three privileged classes, the Brahmins, the Kṣatriyas, and the Vaiśyas, the fourth underprivileged class, the Śūdras, and, at the bottom of the society, the lowest so-called untouchable castes. It also discusses the understanding of human differences that lies at the center of the system and the possible economic and political motivations of the Brahmin authors of the texts.
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17

Bhagat, Rabi S. Global Organizations in a Changing World. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190241490.003.0001.

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During the past four decades, there has been a significant growth of organizations that function across borders and cultures. These organizations are not necessarily Western or European in origin. The functioning and evolution of global organizations are topics of considerable importance. This chapter discusses the role of increasing interdependence among nations as a context for the functioning of global organizations. The chapter presents the rationale for going global and discusses the framework for understanding the differences among countries and institutions that present opportunities and barriers. Global organizations function in an increasingly complex and dynamic environment, as is clearly evidenced by Brexit. The concept of tariff-free transactions resulting in economic blocs guided most of the economic activities of these global organizations in the twentieth century. Recent events cast doubt as to their viability and effectiveness. The chapter discusses these issues and presents the various challenges that globalization creates for these organizations.
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18

Rubin, Kenneth H., Julie C. Bowker, Kristina L. McDonald, and Melissa Menzer. Peer Relationships in Childhood. Edited by Philip David Zelazo. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199958474.013.0011.

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The significance of peers in the lives of children and adolescents is described. The chapter begins with a discussion of theory relevant to the study of peer interactions, relationships, and groups. Next examined are the prevalence, stability, and characteristics of children’s friendships, the psychosocial correlates and consequences of having a mutual friendship and of having friendships with others who are experiencing adjustment difficulties. Thereafter, sections are focused on the assessment of peer acceptance, rejection, and popularity, and the behavioral, social-cognitive, affective, and self-system concomitants and longitudinal outcomes of peer acceptance and rejection. Subsequently, the extant literature pertaining to child and adolescent peer groups, cliques, and crowds is described. In the next section, the growing literature on culture and peer relationships is discussed. Then, in the summary, we present a transactional, developmental framework for understanding individual differences in children’s peer relationships experiences.
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19

Klein, Julie Thompson. Beyond Interdisciplinarity. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197571149.001.0001.

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Beyond Interdisciplinarity examines the broadening meaning, heterogeneity, and boundary work of interdisciplinarity. It includes both crossdisciplinary work (encompassing multi-, inter-, and trans-disciplinary forms) as well as cross-sector work (spanning disciplines, fields, professions, government and industry, and communities in the North and South). Part I defines boundary work, discourses of interdisciplinarity, and the nature of interdisciplinary fields and interdisciplines. Part II examines dynamics of working across boundaries, including communicating, collaborating, and learning in research projects and programs, with a closing chapter on failing and succeeding along with gateways to literature and other resources. The conceptual framework is based on an ecology of spatializing practices in transaction spaces, including trading zones and communities of practice. Boundary objects, boundary agents, and boundary organizations play a vital role in brokering differences for platforming change in contexts ranging from small projects to new fields to international initiatives. Translation, interlanguage, and a communication boundary space are vital to achieving intersubjectivity and collective identity, fostering not only pragmatics of negotiation and integration but also reflexivity, transactivity, and co-production of knowledge with stakeholders beyond the academy. Rhetorics of holism and synthesis compete with instrumentalities of problem solving and innovation as well as transgressive critique. Yet typical warrants today include complexity, contextualization, collaboration, and socially robust knowledge. The book also emphasizes the roles of contextualization and historical change while accounting for the shifting relationship of disciplinarity and interdisciplinarity, the ascendancy of transdisciplinarity, and intersections with other constructs, including Mode 2 knowledge production, convergence, team science, and postdisciplinarity.
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20

Faber, Dennis, Niels Vermunt, Jason Kilborn, and Kathleen van der Linde, eds. Treatment of Contracts in Insolvency. Oxford University Press, 2013. http://dx.doi.org/10.1093/oso/9780199668366.001.0001.

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This is the second title in the new Oxford International and Comparative Insolvency Law Series. Virtually any insolvency needs to deal with the matter of contractual obligations and this book focuses on the extent to which insolvency law interferes with those obligations and relationships. As with the first volume in the series, the topic is addressed through national reports from nineteen of the main economically developed countries, all of which follow a uniform structure. This format enables easy comparison between the jurisdictions and substantially enhances the accessibility of material on a jurisdiction to foreign lawyers. It is essential for all commercial lawyers to consider the implications of insolvency (whether of their client or of the counter-party) on any contract that is under discussion, particularly where there are international aspects to the transaction. This work provides authoritative guidance on the consequences of insolvency on the contractual relationship covering issues such as performance, rights of counterparties, and the special treatment of specific contracts. Also considered are the effects of pre-insolvency negotiated contractual remedies such as flip clauses, automatic termination, acceleration clauses, close out netting provisions, flawed/conditional rights and penalty provisions. There is also guidance given on striking a balance between competing interests in an insolvency situation, for example social concerns raised by some employment contracts. Quality, uniformity and the high level of detail of National Reports are the key benefits of this book. The topic of the treatment of contracts is one in which there are significant differences internationally making this volume a valuable reference tool for practitioners, scholars, and postgraduate students alike.
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21

Wood, David. Deep Time, Dark Times. Fordham University Press, 2018. http://dx.doi.org/10.5422/fordham/9780823281367.001.0001.

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Deep Time, Dark Times takes its bearing from Nietzsche’s concern that a surfeit of history can extinguish the passion for life, especially when we are reminded of our capacity for cruelty and folly. The prospect of devastating climate change extends our sense of the past onto a geological scale, arousing debilitating passion, especially anger, ressentiment and resignation. What can Nietzsche teach us here? Hume’s sense that reason is but a slave to the passions cautions us against new utopian blueprints that fail to address the mood of today. Although climate change can rightly be laid at the feet of industrialization, corporate greed, fossil fuel companies … Deep Time challenges us to re-imagine ourselves as a species, through a geological consciousness. This expands Nietzsche’s sense of “life” to include our fellow terrestrials, and accentuates his sense of critical history, navigating between conflicting passions. Such a consciousness would be ecological (embracing yet another wound to our sovereignty), and it would acknowledge the advent of the Anthropocene. Deep Time draws on Heidegger’s call for a new attunement, one that connects contemporary anger and frustration with the agency vacuum created by the failure of global democracy. The question of who “we” are, when we imagine emergent forms of agency, or when we consider the constituencies impacted by climate change, is explicitly thematized. Information technology, for all its liabilities, offers new possibilities of group identity-formation, communication, and economic transaction that just might make a difference. We have to will the impossible to avoid the unthinkable.
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22

Silja, Schaffstein. The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198715610.001.0001.

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There are currently no rules in international commercial arbitration law and practice assuring the coordination between arbitral awards and/or national court judgments rendered in identical or related cases. This lack of coordination is unsatisfactory, particularly in light of the ever-growing tendency of parties to submit their commercial disputes to international commercial arbitration and the increasing complexity of international arbitration. Today, international commercial transactions and the disputes to which they give rise regularly involve multiple parties, contracts and issues. As a consequence, these disputes (or certain aspects of these disputes) are increasingly tried in multiple fora. In such circumstances, difficult issues regarding the res judicata effects of prior judgments or awards are likely to arise before international commercial arbitral tribunals. The central hypothesis underlying this research is that transnational principles of res judicata should be elaborated for international commercial arbitral tribunals. This solution is justified for several reasons. First, it is justified given the differences among domestic laws regarding res judicata and the difficulties surrounding the formulation of appropriate conflict-of-laws rules. Second, it avoids inappropriate analogies between international arbitration proceedings and litigation. Finally, the solution provides guidance and ensures a certain degree of fairness, certainty and predictability, which is expected by arbitration users. This research seeks to achieve its aims in two stages: Part One examines the doctrine of res judicata in litigation, analysing the doctrine as applied in different domestic laws, as well as in private and public international law. Part Two aims to determine whether and to what extent the res judicata doctrine may be applied by international commercial arbitral tribunals. It aims to demonstrate that transnational principles of res judicata should be elaborated and will seek to formulate such principles.
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23

Johansen, Bruce, and Adebowale Akande, eds. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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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.
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