The Nation State’s Legitimation in Post-National Society

Legitimacy ◽  
2019 ◽  
pp. 137-158
Author(s):  
Jiří Přibáň

This chapter considers the legitimation of the nation state in a post-national world. It employs systems theory, according to which law is one of many normative systems and the state is one of many societal organizations, to make sense of the role of values in the state’s legitimation. It argues that processes of legitimation are constituted by systemic communication between law and politics within and beyond the nation state, communication that involves the internalization of values that are external to these systems. Yet, it stresses, such values are not transcendental foundations; they are instead internally generated expectations that differentiate between legitimacy and illegitimacies in both politics and law.

Author(s):  
E. G. Ponomareva

The processes of globalization have determined significant changes in the prerogatives of nation states. In the twenty-first century the state no longer acts as a sole subject having a monopoly of integrating the interests of large social communities and representing them on the world stage. An ever increasing role in the global political process is played by transnational and supranational participants. However, despite the uncertainty and ambiguity of the ways of the development of the modern world, it can be argued that in the foreseeable future it is the states that will maintain the role of the main actors in world politics and bear the responsibility for global security and development. All this naturally makes urgent the issues related to the search for optimal models of nation state development. The article analyzes approaches to understanding patterns, problems and prospects of the development of this institution existing in modern political science. These include the concept of "dimensionality" based on the parameters of scale (the size of the territory) of the states and their functions in the international systems, as well as the "political order". In the latter case the paper analyzes four models: the nation-state, statenation, consociation, quasi-state. The author's position consists in the substantiation of the close dependence of the success of a model of the state on its inner nature, i.e. statehood. On the basis of the elaborated approach the author understands statehood as "the result of historical, economic, political and foreign policy activity of a particular society in order to create a relatively rigid political framework that provides spatial, institutional and functional unity, that is, the condition of the society’s own state, national political system." Thus statehood acts as a qualitative feature of the state.


2016 ◽  
Vol 61 (S24) ◽  
pp. 213-241
Author(s):  
M. Erdem Kabadayi

AbstractIn most cases, and particularly in the cases of Greece and Turkey, political transformation from multinational empire to nation state has been experienced to a great extent in urban centres. In Ankara, Bursa, and Salonica, the cities selected for this article, the consequences of state-making were drastic for all their inhabitants; Ankara and Bursa had strong Greek communities, while in the 1840s Salonica was the Jewish metropolis of the eastern Mediterranean, with a lively Muslim community. However, by the 1940s, Ankara and Bursa had lost almost all their non-Muslim inhabitants and Salonica had lost almost all its Muslims. This article analyses the occupational structures of those three cities in the mid-nineteenth century and the first half of the twentieth, tracing the role of the state as an employer and the effects of radical political change on the city-level historical dynamics of labour relations.


2020 ◽  
pp. 69-85
Author(s):  
Gianfranco Poggi

This chapter examines how the nation-state came into being and how it became dominant as a political unit. It first presents a general and streamlined portrait of the state—a concept that sociologists inspired by Max Weber might call an ideal type. In particular, it considers some of the characteristics of a nation-state, including monopoly of legitimate violence, territoriality, sovereignty, plurality, and relation to the population. The chapter proceeds by discussing a more expansive concept of the nation-state, taking into account the role of law, centralized organization, the distinction between state and society, religion and the market, the public sphere, the burden of conflict, and citizenship and nation. The chapter also describes five paths in state formation and concludes with an assessment of three main phases which different European states have followed in somewhat varying sequences: consolidation of rule, rationalization of rule, and expansion of rule.


2020 ◽  
pp. 1-8
Author(s):  
Guilherme Vasconcelos Vilaça

Abstract Kratochwil criticizes two important teleological global narratives of universal progress – Luhmannian systems theory and jus cogens – and defends the need for a non-ideal and situated approach to law and politics. Despite the cogency of Kratochwil's analysis, why should we place our hope in his pragmatic program given the complexity of actual decision-making? This paper shows that more needs to be said about the role of hope grounding Kratochwil's account. Which hopes are hopeless, and which warranted? Why should we care and ‘go on’, choosing to be prudential and political rather than focusing on one's inner development or pleasure?


2005 ◽  
Vol 16 (2) ◽  
pp. 323-342
Author(s):  
Michel Quévit

The article maintains that, with its long tradition of an open economy the State could not play the role of guiding the economic development of the country. The investment of foreign MNE in the Belgian economy has had major destabilizing effects in the regional structure: foreign direct investment was almost entirely done in Flanders. Simultaneously, the Belgian MNE disinvest in order to flee to the fiscal heaven of the neighbour Luxembourg. If the nation-state has played any role toward both foreign and local MNE, it has promoted multinationalization.


2018 ◽  
Vol 4 (Summer) ◽  
pp. 48-59
Author(s):  
Nour Abu-Assab ◽  
Nof Eddin

In light of the recent attention to the incarceration, surveillance, and policing of non-normative people in the Middle East and North Africa, this article does not seek to offer alternatives to systems of justice. Instead, our argument revolves around the need to turn the concept of justice on its head, by demonstrating that justice within the context of the nation-state is in its essence a de facto and de jure mechanism of policing and surveillance. To do so, this article draws on Michael Foucault’s notion of state-phobia from a de-colonial perspective, intersectional feminist theory, and Hisham Sharabi’s conceptualisation of the Arab-state as neo-patriarchal. This article highlights the need to move away from the post-colonial benevolent imaginary of the state, as a result of people’s desire for self-determination, to a more realistic de-colonial conceptualisation of nation-states that emerged post-colonisation, as sites of oppression. This article will also shed light on the role of civil society in reinforcing the unjust justice sought within nation-state frameworks by drawing on the examples of the recent crackdown on non-normative people in Egypt, and the example of non-normative Palestinians living under occupation. The Egyptian and Palestinian cases are, respectively, one of an allegedly sovereign state that overtly restricts gender and sexual freedom, and another of an occupying state that nominally guarantees gender and sexual rights. These examples are used to demonstrate the theoretical underpinnings of this article, through which we seek to problematise and break binaries of justice versus injustice, and the state versus civil society, in an attempt to queer the concept of justice.


2008 ◽  
Vol 4 (4) ◽  
pp. 291-313 ◽  
Author(s):  
Oren Perez

This article develops a general critique of the economic approach to environmental regulation, drawing on the insights of systems theory. It highlights, first, the problematic of subjugating the regulatory system to a single purpose – which in the context of environmental economics is interpreted as the utilitarian maximization of collective welfare. Second, it questions the teleological pretence of the regulatory project as it is configured in the economic literature. It highlights in this context the problem of trans-systemic incompatibilities, which impede the incorporation of economic ideas into the systems of law and politics. Environmental economics in both its normative and sociopolitical strands, fails to provide a convincing response to this dilemma. The article discusses two examples of the reconstruction of economic ideas within the legal and political domains, drawing on the EU and US regulatory experience. This twofold critique of the economic approach can be extended, it is argued, to every regulatory project with far-reaching teleological ambitions. The article applies this critique to some alternative regulatory visions, such as self-regulation, reflexive law and responsive regulation, noting in this context the limitations of systems theory itself. It concludes with a discussion of the role of intuition in regulatory decision-making.


2020 ◽  
pp. 52-60
Author(s):  
Yael Tamir

This chapter investigates what makes nations so powerful and special. It presents two reasons that come to mind: one obvious the other unexpected. The obvious one is institutional and relates to the alliance between the nation and the state. The unexpected, more surprising, reason concerns the fact that the very same features that make nations attractive allies of the modern state — namely, being natural, historical, and continuous entities — are mostly fabricated. The chapter also explores the way nationalism shaped the modern state and provided it with tools necessary to turn from an administrative service into a caring entity that takes on itself not merely the role of a neutral coordinator but also that of a compassionate and attentive mother(land). Ultimately, the chapter examines the social and political outcomes of the lean state and ponders whether some of the advantages of the nation-state could be recovered.


Author(s):  
Steven Earnshaw

In Venedikt Yerofeev’s Moscow Stations the character Venichka, a version of the author, takes an increasingly surreal train ride towards Petushki, a town at the end of a Moscow line which he believes to be like paradise. Unlike other drinker novels where the committed central drinker’s behaviour is regarded as outside social norms, Venichka is surrounded by like-minded Russian souls who also drink continuously. One of the central conceits of the novel explored in this chapter is thus the role of Venichka as a Russian everyman who is simultaneously alienated from the State, and paradoxically also from the people – drinking is his chosen vocation rather than a means of dulling self-medication. Venichka’s alienation is manifest in his ongoing argument with God, Russia and Fate. The chapter assesses how the novel refuses to privilege rationality, philosophy or empiricism in its determination to fully exist in a country/world which lacks any kind of coherence, and offers a comparison between this novel and Exley’s A Fan’s Notes in their treatment of the individual, drink, and the Nation State.


Author(s):  
Gianfranco Poggi

This chapter examines how the nation-state came into being and how it became dominant as a political unit. It first presents a general and streamlined portrait of the state — a concept that sociologists inspired by Max Weber might call an ideal type. In particular, it considers some of the characteristics of a nation-state, including monopoly of legitimate violence, territoriality, sovereignty, plurality, and relation to the population. The chapter proceeds by discussing a more expansive concept of the nation-state, taking into account the role of law, centralized organization, the distinction between state and society, religion and the market, the public sphere, the burden of conflict, and citizenship and nation. The chapter also describes five paths in state formation and concludes with an assessment of three main phases which different European states have followed in somewhat varying sequences: consolidation of rule, rationalization of rule, and expansion of rule.


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