Legitimacy and the Limits of Nationalism I 115
Total Page:16
File Type:pdf, Size:1020Kb

Load more
Recommended publications
-
Nationalism, Internationalism and Chinese Foreign Policy CHEN ZHIMIN*
Journal of Contemporary China (2005), 14(42), February, 35–53 Nationalism, Internationalism and Chinese Foreign Policy CHEN ZHIMIN* This article examines the role of nationalism in shaping Chinese foreign policy in the history of contemporary China over the last 100 years. Nationalism is used here as an analytical term, rather than in the usual popular pejorative sense. By tracing the various expressions of contemporary Chinese nationalism, this article argues that nationalism is one of the key enduring driving forces which have shaped Chinese foreign policy over the period; as China increasingly integrates herself into this globalized and interdependent world and Chinese confidence grows, the current expression of Chinese nationalism is taking a more positive form, which incorporates an expanding component of internationalism. In recent years, nationalism has been one of the key focuses in the study of China’s foreign policy. In the 1990s, several Chinese writers started to invoke the concept of nationalism, both in their study of Chinese foreign policy and in their prescriptions for the Chinese foreign policy. Likewise, in English-language scholarship the study of Chinese nationalism largely sets the parameters of the debate about the future of Chinese foreign policy and the world’s response to a rising China. An overarching theme of this Western discourse is a gloomy concern with the worrisome nature of recent expressions of Chinese nationalism. Samuel P. Huntington was famously concerned about China’s intention ‘to bring to an end the -
Articles from Constitution to Constitutionalism
BACKER.DOC 2/11/2009 9:09:47 AM Articles From Constitution to Constitutionalism: A Global Framework for Legitimate Public Power Systems Larry Catá Backer* Academic and policy engagements with constitutions and constitutionalism have largely been built around unstated frameworks within which legitimated activity can take place. The essay suggests both the disorientation of much of the discussion and proposes an ideological framework that captures the assumptions about which constitutionalist discourse has evolved. Constitutionalism at one time could be said to involve the study of the peculiarities of the unique domestic constitutional framework through which government was constituted and power institutionalized. No longer. This essay examines the current discourse of constitutionalism. That discourse reveals the current dynamic character of the concept. The old consensus of conventional * Professor of Law, The Dickinson School of Law of the Pennsylvania State University, State College, Pennsylvania; Director, Coalition for Peace & Ethics, Washington, D.C. The author can be contacted at [email protected]. Many thanks to my research assistant, Augusto Molina (Penn State ‘09) for his exceptional work on this project. Special thanks to the staff of the Penn State Law Review, in particular Alison Kilmartin (Penn State ‘09), for their excellent work on and support of this project. 671 BACKER.DOC 2/11/2009 9:09:47 AM 672 PENN STATE LAW REVIEW [Vol. 113:3 constitutionalism, that constitutions are legitimately grounded either in domestic law and the unique will of a territorially defined demos, is now challenged by a view that constitutional legitimacy requires conformity with a system of universal norms grounded in an elaboration of the mores of the community of nations. -
The Public/Private Distinction in Labor Law
[Vol. 130:1358 THE PUBLIC/PRIVATE DISTINCTION IN LABOR LAW KARL E. KLARE - Legal discourse shapes our beliefs about the experiences and capacities of the human species, our conceptions of justice, freedom and fulfillment, and our visions of the future. It informs our beliefs about how people learn about and treat themselves and others, how we come to hold values, and how we might construct the institutions through which we govern ourselves. In these re- spects legal discourse resembles all other forms of systematized symbolic interaction. The peculiarity of legal discourse is that it tends to constrain the political imagination and to induce belief that our evolving social arrangements and institutions are just and rational, or at least inevitable, and therefore legitimate. The modus operandi of law as legitimating ideology is to make the historically contingent appear necessary. The function of legal discourse in our culture is to deny us access to new modes of conceiving of democratic self-governance, of our capacity for and the experience of freedom. Legal discourse inhibits the perception that we have it in our power to alter and abolish existing patterns of domination and denial of human potential. It is, in short, the vocation of legal thought to render radical, nonliberal visions of freedom literally inconceivable." The purpose of this Article is to illustrate and defend my claims regarding the ideological functions of legal discourse by focusing on the treatment of the public/private distinction in con- temporary labor law.2 The field of labor law presents us with a Copyright @ 1982 by Karl E. -
Controlling Xinjiang: Autonomy on China's “New Frontier”
Controlling Xinjiang: Autonomy on China’s “New Frontier” I. INTRODUCTION II. BACKGROUND A. Chinese Control of Xinjiang: A Brief Political History 1. Early Interactions with Xinjiang 2. Political Integration in the Qing 3. Increased Unrest on the Frontier 4. Liberation B. CCP’S Policy Towards National Minorities 1. The Winding Road Towards “Autonomy” 2. Early Policy: Unify and Conquer: Dangle the Carrot 3. Welcoming Minorities into the Chinese “Family” 4. Creation of the Autonomous Regions III. ANALYSIS A. An Examination of Relevant Laws 1. Introduction 2. Granting Autonomy: “Give and Take” 3. The Law on Regional National Autonomy 4. Does Xinjiang’s Autonomy Meet International Standards? B. Autonomy: A Salve for China’s “Splittist” Headache C. The Party’s Perspective: Stability and Progress IV. CONCLUSION I. INTRODUCTION Along the ancient Silk Road, beyond the crumbling remnants of the Great Wall’s western terminus and the realm of ethnically Han Chinese1 lies Xinjiang: the vast and desolate northwestern province of the People’s Republic of China (PRC) and the beginning of Central Asia.2 Strategically located, the Xinjiang Uighur Autonomous Region (XUAR) is a vital component of China’s political and economic stability.3 1 Central Intelligence Agency, World Fact Book, at http://www.cia.gov/cia/publications/factbook (last visited Feb. 8, 2002). Han, the state- recognized majority nationality, comprise approximately 91.9% of China’s almost 1.3 billion people. Id. 2 JACK CHEN, THE SINKIANG STORY xx (1977). Xinjiang covers one-sixth of China’s total land area, and at 660,000 square miles, the province is as big as Britain, France, Germany, and Italy combined. -
Downloaded from Elgar Online at 09/29/2021 12:21:22AM Via Free Access
JOBNAME: Delaney PAGE: 1 SESS: 4 OUTPUT: Thu Aug 23 10:51:28 2018 Index abstract review 8, 166, 179, 182, 318, 322–4, Alberta 347–8, 371 327, 354–5 Alberts, Susan 186 Abu-Karaki, Muddather 125 Aleinikoff, T. Alexander 25 Abu-Odeh, Lama 124, 125 Alexander, Gregory S. 46 accommodational arrangements 109 Alexander, Larry 16 accountability 99, 149, 190, 282, 411 Algeria 119, 325 democratic 70 Ali, Ifzal 51 Acemoglu, Daron 293 Allahabad High Court 92, 214 Ackerman, Bruce 16, 77, 93, 104 Allan, James 405 acontextualism 61–2 alliances 131, 136, 230, 232–3, 235 activism 17, 143, 152–3, 159–60, 204, 206, allies 63, 144, 146, 226, 230, 232, 236, 240 227, 235 Alter, Karen J. 6–7, 10, 43, 142, 148, 244–69, judicial 142, 227, 229, 235, 239, 241, 348, 419 379 alternative legitimating ideology 210, 213 actors 138–9, 218, 226–7, 230, 232, 235, 293, alternative theory of constitutional design 7, 295 290, 292 civil society 155, 233 Amar, Akhil Reed 83, 190, 193, 379 external 7, 230, 235, 272, 276–9, 283, 286 Ambedkar, B.R. 391–3 international 154, 230, 235, 240 ambiguous language 99–100, 105, 108, 112, legal-cultural 213, 218, 221–2 167 political 4–5, 38–9, 42–3, 48, 53–4, amendment 74, 130–31, 136, 284, 293, 297, 130–31, 228, 230–31 300, 303–5 state 29, 247, 250 constitutional 37–9, 47, 72–5, 90–91, 175, adaptation condition 6, 186–7, 197–8, 200 302, 304, 310–11 adaptive efficiency 189 rules 105, 296–7 adjudication 21–2, 126, 177, 180, 182, 231, amparo system 233, 260 354, 361 Anaya, James S. -
Interactions Between Africans and Local Chinese in Guangzhou, China
Contemporary Racial Formation in China: Interactions Between Africans and Local Chinese in Guangzhou, China A THESIS Presented to The Faculty of the Department of Anthropology The Colorado College In partial fulfillment of the requirements for the degree of the Bachelor of Arts By Jiumei Gao The Colorado College May/2016 1 Abstract In the 19th century, China encountered the first group of European colonialists and other foreigners. Nationalism, including views on different races, started to form. In the 20th century, ideas of racial categories and how Chinese people belong to the more superior “Yellow race” continued to develop and triggered national pride and rebellion against colonialists. During the Mao-era, nationalism was temporarily replaced with communism, but soon came back after Mao died in 1976. In the 1980s when China opened its market, people of the world, especially of the developing countries, were driven to China for its massive economic opportunities. As a result, Chinese people started to practice ideas of nationalism in their daily interactions with foreigners. This study took an ethnographic approach in order to examine the practice of nationalism in daily life among Chinese residents in Guangzhou, which has the largest African population throughout the country. The study included an explicit review of the historical development of China’s nationalism, along with a one-month ethnographic field research project that utilized interviews with 22 Chinese and 14 Africans in areas with higher concentration of Africans in Guangzhou. The results show that racism against Africans is commonly expressed among the Chinese participants. I found that their rationale of anti-African racism mostly originates from the structure of China’s nationalism that has been building since the 19th century. -
"Miraculous Or Mired? Contrasting Japanese and American Perspectives on Japan's Current Economic Problems"
"Miraculous or Mired? Contrasting Japanese and American Perspectives on Japan's Current Economic Problems" Simon Reich CSGR Working Paper No. 21/98 December 1998 Centre for the Study of Globalisation and Regionalisation (CSGR), University of Warwick, Coventry CV4 7AL, United-Kingdom. URL: http://www.warwick.ac.uk/fac/soc/CSGR Miraculous or Mired? Contrasting Japanese and American Perspectives on Japan's Current Economic Problems Simon Reich University of Pittsburg CSGR Working Paper No. 21/98 December 1998 Abstract: The current banking crisis in Japan illustrates two major points. The first is the renewed emphasis on the importance of market-based solutions to policy problems by American policy makers. The second is the broader point, that differences in the structures and operation of capitalism persist in the two countries despite the purported homogenising influences of globalisation. These two points are both analyzed in this paper through a systematic examination of the varied and contrasting positions in both Japan and the United States among policy makers and commentators regarding what kind of policies Japan should institute and the prospective success of such proposals. The paper offers a pessimistic conclusion that the most appropriate policy prescription requires bilateral policy coordination, a option that the United States has so far rejected and seems unlikely to initiate at this point. Keywords: Globalisation, Banking crisis, Comparative Capitalism. Address for correspondence: Simon Reich University of Pittsburgh Pittsburgh Pennsylvania 15260 USA “Japan is hostage to American prosperity, and America is hostage to Japanese frugality. Ethno-economics has locked the two nations in a loveless embrace, and smaller Asian economies into a sumo wrestler’s hug by Japan. -
Crenshaw, Race, Reform, Retrenchment
+(,121/,1( Citation: 101 Harv. L. Rev. 1331 1987-1988 Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Jul 29 16:26:07 2015 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0017-811X VOLUME 101 MAY 1988 NUMBER 7 HARVARD LAW REVIEW ARTICLES RACE, REFORM, AND RETRENCHMENT: TRANSFORMATION AND LEGITIMATION IN ANTIDISCRIMINATION LAW Kimberli Williams Crenshaw* Recent works by neoconservatives and by Critical legal scholars have sug- gested that civil rights reforms have been an unsuccessful means of achieving racial equality in America. In this Article, Professor Crenshaw considers these critiques and analyzes the continuing role of racism in the subordi- nation of Black Americans. The neoconservative emphasis on formal color- blindness, she argues, fails to recognize the indeterminacy of civil rights laws and the force of lingering racial disparities. The Critical scholars, who emphasize the legitimating role of legal ideology and legal rights rhetoric, are substantially correct, according to Professor Crenshaw, but they fail to appreciate the choices and possibilities available to an oppressed group such as Blacks. The Critics, she suggests, ignore the singularpower of racism as a hegemonic force in American society. Blacks have been created as a subordinated "other," andformal reform has merely repackaged racism. -
A Paradigm Shift in Russo-Japanese Relations
A Paradigm Shift in Russo-Japanese Relations TSUNEO AKAHA ussia and Japan are in a position to contribute, individually or jointly, to the R establishment of a post–cold war world or regional order. The two countries’ national identities as great powers compel them to play global and regional roles commensurate with their enormous power, both potential and real. Their failure to do so will be a major source of frustration to them and an important factor in instability in the post–cold war world. Further, as geographical neighbors of glob- al importance, each country is in a position to facilitate or frustrate the other’s global aspirations and regional interests. For example, Russia could support or veto Japan’s effort to obtain the coveted permanent seat on the United Nations Security Council, and Japan could facilitate or frustrate Russia’s bid to become a full-fledged member of the Group of Seven (making it a Group of Eight). Tokyo could endorse or deflect Moscow’s efforts to join the Asia-Pacific Economic Cooperation (APEC) forum or the World Trade Organization (WTO), and Moscow could respond favorably or negatively to Tokyo’s call to limit the pro- liferation of arms in East Asia. Against the background of their expanding ties with the United States and China, Russian and Japanese leaders have acknowledged the need to put an end to the “abnormal” state of their bilateral relations. There are clear signs that the leaders in Moscow and Tokyo have accepted a new premise upon which to build relations between the two countries. -
"Angry Youth": What Does the Future Hold?
CHINA-2009/04/29 1 THE BROOKINGS INSTITUTION UNDERSTANDING CHINA’S "ANGRY YOUTH": WHAT DOES THE FUTURE HOLD? Washington, D.C. Wednesday, April 29, 2009 PARTICIPANTS: Welcome: CARLOS PASCUAL Vice President and Director, Foreign Policy Keynote Address: KAI-FU LEE Vice President, Google Inc. President, Google Greater China Moderators: CHENG LI Senior Fellow and Director of Research, John L. Thornton China Center KENNETH LIEBERTHAL Visiting Fellow, The Brookings Institution Panelists: ANDERSON COURT REPORTING 706 Duke Street, Suite 100 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 CHINA-2009/04/29 2 EVAN OSNOS Staff Writer, The New Yorker STANLEY ROSEN Professor of Political Science, The University of Southern California TERESA WRIGHT Professor of Political Science, California State University, Long Beach XU WU Assistant Professor of Media and Public Relations, Arizona State University * * * * * P R O C E E D I N G S MR. PASCUAL: Good afternoon. Thank you for joining us today. My name is Carlos Pascual. I'm one of the Vice Presidents and Director of the Foreign Policy Studies Program here at Brookings, and I very much want to welcome you to this event that's jointly sponsored by the John L. Thornton China Center and Brookings Institution and its Foreign Policy Program that is focused on Understanding China's "Angry Youth": What Does the Future Hold? In the foreign policy community, a great deal of attention has been paid to the U.S.-China economic relationship, its military contacts, ANDERSON COURT REPORTING 706 Duke Street, Suite 100 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 CHINA-2009/04/29 3 climate change cooperation, just to name a few of these issues. -
Seapower and Japan's Martime Coalition Building Daisuke Sekine University of Wollongong
University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2011 Seapower and Japan's martime coalition building Daisuke Sekine University of Wollongong Recommended Citation Sekine, Daisuke, Seapower and Japan's martime coalition building, Doctor of Philosophy thesis, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, 2011. http://ro.uow.edu.au/theses/3565 Research Online is the open access institutional repository for the University of Wollongong. For further information contact Manager Repository Services: [email protected]. SEAPOWER AND JAPAN’S MARITIME COALITION BUILDING A thesis submitted in fulfilment of the requirements for the award of the degree of Doctor of Philosophy from University of Wollongong by Daisuke Sekine, BA (Nihon), MA (Hull) Australian National Centre for Ocean Resources and Security (ANCORS) Faculty of Law University of Wollongong 2011 ABSTRACT Seapower can be an ambiguous concept, difficult to understand and research, because it is composed of a number of factors across specialized areas, which mutually affect each other. It is a difficult duty for governments, which need national support to weave the components of seapower into a national engine for the sake of developing seapower in defence of national interests. It can be said that alliance strategy can exert a strong influence on a state. In the Japan context, there are a lot of benefits and risks brought by an alliance. For sea powers, it may be no exaggeration to say that whether to contribute to maritime-oriented coalitions as a member nation seriously influences the fate of the nation. -
American Studies with Chinese Characteristics╊
UC Santa Barbara Journal of Transnational American Studies Title Excerpt from American Studies in China – “Introduction: American Studies with Chinese Characteristics” Permalink https://escholarship.org/uc/item/0ng0v7gc Journal Journal of Transnational American Studies, 3(1) Author Roberts, Priscilla Publication Date 2011-03-15 DOI 10.5070/T831007008 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Selections from American Studies in China, edited by Priscilla Roberts and forthcoming on the US‐China Education Trust website (http://www.uscet.net/template/index.cfm). INTRODUCTION AMERICAN STUDIES WITH CHINESE CHARACTERISTICS PRISCILLA ROBERTS The supposedly tranquil groves of academe are by no means the remote retreat of popular imagination, a peaceful haven inhabited by unworldly and erudite scholars, largely detached from “real” life, pursuing an arcane search for disinterested truth and knowledge. At times, they might seem more of a political jungle, not just in terms of the often savage infighting among their assorted denizens immortalized in numerous academic novels, but also in the degree to which what is taught and studied in universities, and by whom, reflects political and other pressures in the wider society. Recent years have seen an outpouring of scholarship suggesting that it is impossible for academics to function simply as rational, objective observers, and that not only what they choose to study but the sources they employ and even the language they use inherently privilege