By Iavor Rangelov
ISBN-10: 1107012198
ISBN-13: 9781107012196
The connection among nationalism and the guideline of legislations has been mostly missed by way of students even though individually, they've got usually captured public discourse and feature emerged as serious options for the social sciences. This ebook presents the 1st systematic account of this dating. the main target of the publication is to advance an analytical framework for figuring out the interactions of nationalism and the guideline of legislations by way of concentrating on the domain names of citizenship, transitional justice, and foreign justice. The booklet engages those insights additional in an in depth empirical research of 3 case reports from the previous Yugoslavia. the writer argues that whereas the tensions and contradictions among nationalism and the rule of thumb of legislation became extra obvious within the post-Cold warfare period, they could even be harnessed for effective reasons. In exploring the function of legislation in dealing with and reworking nationalism, the ebook emphasizes the deliberative personality of criminal tactics and gives an unique standpoint at the strength of overseas legislation to reshape public discourse, politics, and felony orders.
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Extra resources for Nationalism and the Rule of Law: Lessons from the Balkans and Beyond
Example text
1 I elaborate the concept of ethnic citizenship to help theorize such nationalist uses of constitutional law, citizenship law, and a variety of other legislative and executive instruments. , Sassen 2006). My purpose is to examine key characteristics of the model of ethnic citizenship as a lens into the framing question of this book about the relationship between nationalism and the rule of law. Law plays a distinctive and rather ambivalent role in the ethnic citizenship construct, and my analysis bears that out: it serves as an instrument of formalization and codification of membership tied to particular projects of the nation-state and, at the same time, it also provides a potential arena for contestation and transformation of citizenship along the lines of alternative logics and normativities.
In a sense, the plight of Bulgaria’s Turkish minority prefigured the resurgence of ethnic cleansing and the reappearance of denaturalization policies in the 1990s, often pursued by what Brubaker calls the “nationalizing nationalisms” of newly independent states: Nationalizing nationalisms involve claims made in the name of a “core nation” or nationality, defined in ethnocultural terms, and sharply distinguished from the citizenry as a whole. The core nation is understood as the “owner” of the state, which is conceived as the state of and for the core nation.
Bosnia and Herzegovina, Application nos. 27996/06 and 34836/06, Council of Europe: European Court of Human Rights, 22 December 2009. 22 The point here is that such parallels arising in diverse contexts highlight the analytical traction of the model of ethnic citizenship for broader explorations of the symbolic revaluation of citizenship that we are witnessing. Ethnic citizenship affords a lens that makes legible multiple dynamics of renationalization at the current juncture and draws attention to a range of ensuing conflicts and contestations that implicate the rule of law, both within and beyond the state.