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An exploration of new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities.
The border region of the Sonoran Desert, which spans southern Arizona in the United States and northern Sonora, Mexico, has attracted national and international attention. But what is less discussed in national discourses is the impact of current border policies on the Native peoples of the region. There are twenty-six tribal nations recognized by the U.S. federal government in the southern border region and approximately eight groups of Indigenous peoples in the United States with historical ties to Mexico—the Yaqui, the O’odham, the Cocopah, the Kumeyaay, the Pai, the Apaches, the Tiwa (Tigua), and the Kickapoo. Divided Peoples addresses the impact border policies have on traditional lands and the peoples who live there—whether environmental degradation, border patrol harassment, or the disruption of traditional ceremonies. Anthropologist Christina Leza shows how such policies affect the traditional cultural survival of Indigenous peoples along the border. The author examines local interpretations and uses of international rights tools by Native activists, counterdiscourse on the U.S.-Mexico border, and challenges faced by Indigenous border activists when communicating their issues to a broader public. Through ethnographic research with grassroots Indigenous activists in the region, the author reveals several layers of division—the division of Indigenous peoples by the physical U.S.-Mexico border, the divisions that exist between Indigenous perspectives and mainstream U.S. perspectives regarding the border, and the traditionalist/nontraditionalist split among Indigenous nations within the United States. Divided Peoples asks us to consider the possibilities for challenging settler colonialism both in sociopolitical movements and in scholarship about Indigenous peoples and lands.
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
After invading Tunisia in 1881, the French installed a protectorate in which they shared power with the Tunisian ruling dynasty and, due to the dynasty’s treaties with other European powers, with some of their imperial rivals. This "indirect" form of colonization was intended to prevent the violent clashes marking France’s outright annexation of neighboring Algeria. But as Mary Dewhurst Lewis shows in Divided Rule, France’s method of governance in Tunisia actually created a whole new set of conflicts. In one of the most dynamic crossroads of the Mediterranean world, residents of Tunisia— whether Muslim, Jewish, or Christian—navigated through the competing power structures to further their civil rights and individual interests and often thwarted the aims of the French state in the process. Over time, these everyday challenges to colonial authority led France to institute reforms that slowly undermined Tunisian sovereignty and replaced it with a more heavy-handed form of rule—a move also intended to ward off France's European rivals, who still sought influence in Tunisia. In so doing, the French inadvertently encouraged a powerful backlash with major historical consequences, as Tunisians developed one of the earliest and most successful nationalist movements in the French empire. Based on archival research in four countries, Lewis uncovers important links between international power politics and everyday matters of rights, identity, and resistance to colonial authority, while re-interpreting the whole arc of French rule in Tunisia from the 1880s to the mid-20th century. Scholars, students, and anyone interested in the history of politics and rights in North Africa, or in the nature of imperialism more generally, will gain a deeper understanding of these issues from this sophisticated study of colonial Tunisia.
Zuck argues that, in the decades between the ratification of the Constitution and the publication of Sutton Griggs's novel Imperium in Imperio in 1899, four populations were most often referred to as racial and ethnic nations within the nation: the Cherokees, African Americans, Irish Americans, and Chinese immigrants.
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.
"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
The establishment of durable, democratic institutions constitutes one of the major challenges of our age. As countless contemporary examples have shown, it requires far more than simply the holding of free elections. The consolidation of a legitimate constitutional order is difficult to achieve in any society, but it is especially problematic in societies with deep social cleavages. This book provides an authoritative and systematic analysis of the politics of so-called 'deeply divided societies' in the post Cold War era. From Bosnia to South Africa, Northern Ireland to Iraq, it explains why such places are so prone to political violence, and demonstrates why - even in times of peace - the fear of violence continues to shape attitudes, entrenching divisions in societies that already lack consensus on their political institutions. Combining intellectual rigour and accessibility, it examines the challenge of establishing order and justice in such unstable environments, and critically assesses a range of political options available, from partition to power-sharing and various initiatives to promote integration. The Politics of Deeply Divided Societies is an ideal resource for students of comparative politics and related disciplines, as well as anyone with an interest in the dynamics of ethnic conflict and nationalism.