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Download Nationalism and the Rule of Law: Lessons from the Balkans by Iavor Rangelov PDF

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By Iavor Rangelov

The connection among nationalism and the guideline of legislations has been principally ignored by way of students even though individually, they've got frequently captured public discourse and feature emerged as severe strategies for the social sciences. This booklet offers the 1st systematic account of this courting. the focus of the ebook is to increase an analytical framework for knowing the interactions of nationalism and the guideline of legislations by means of targeting the domain names of citizenship, transitional justice, and overseas justice. The booklet engages those insights extra in a close empirical research of 3 case stories 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 struggle period, they could even be harnessed for effective reasons. In exploring the position of legislation in dealing with and remodeling nationalism, the e-book emphasizes the deliberative personality of felony strategies and gives an unique standpoint at the energy of foreign legislations to reshape public discourse, politics, and criminal orders.

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Additional resources for Nationalism and the Rule of Law: Lessons from the Balkans and Beyond

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The concept of ethnic citizenship, as defined here, is useful because it draws attention to a specific intersection of law and nationhood, one that highlights how law can be aligned with particular nationalist projects and purposes, serving as a device for inclusion and exclusion. 3 In theorizing ethnic citizenship, I highlight two types of strategies commonly used by nation-states in activating the inclusion/exclusion function of the law. For analytical purposes, these can be usefully distinguished as strategies of incorporation, which produce differentiated frameworks of first- and second-class citizens; and strategies of exclusion, aimed at restricting access to citizenship or revoking the citizenship status and rights of particular groups.

Nevertheless, the exercise is worthwhile if it opens the conversation to diverse audiences and interlocutors – not only those of us who study nationalism and the rule of law but also the social actors whose work shapes our subjects of study, nationalists and lawyers (and nationalists trained in law, who are part of a long tradition going back to Bismarck and Mazzini), as well as the civil society actors and policymakers who grapple with some of the problems discussed in the following pages in a variety of different contexts.

Firstly, when nationalist movements make a claim to nationhood, what they demand is an autonomous polity for the putative nation, and they primarily address the members of that nation. Secondly, in what is usually referred to as “nation-building,” “nation” is invoked in order to create a sense of national unity for a given state and to foster an inclusive national identity that transcends ethnic differences. Finally, “nation” can also be used in an internally exclusive way in seeking to “assert ‘ownership’ of the polity on behalf of a ‘core’ ethnocultural ‘nation’ distinct from the citizenry of the state as a whole, and thereby to define and redefine the state as the state of and for the core nation” (Brubaker 2004b: 117).

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