The Border-Guard View

Author(s):  
Michael Williams

This chapter discusses in detail that much of the histories of the Chinese overseas have been based on what can be called “border-guard views”. That is to say, they are founded on assumptions of one-way entry, migration, settlement, and assimilation. Such views neglect, it is argued here, not only those who returned to their qiaoxiang, but those who never left, and those who had the capacity to make choices between the two. A review of the many histories of the overseas Chinese is provided and their theoretical foundations discussed. This is followed by a look at the development of an alternative to such perspectives usually centered on the nation-state, an alternative labeled here a “qiaoxiang perspective”.

Author(s):  
Joyce Dalsheim

This chapter introduces the book, beginning with its theoretical foundations in the study of nationalism and colonialism. It opens with the work of Lord Acton on how “the passengers exist for the sake of the ship,” in which the passengers are sovereign citizens in the nation-state. It considers the work of Eugen Weber on processes of cultural change that are fundamental to both colonization and nationalist projects. Introducing the modern state of Israel, it puts forth a thesis on how nationalism might be better understood as a form of self-colonizing, in which people must assimilate to the nation. In the case of Israel where “religion” and “nation” are conflated in the figure of the Jew, sovereign citizens must be Jewish in particular ways that limit Jewishness and freedom of religion. The chapter also explains why the book is framed with Kafka’s writing.


Author(s):  
Vanessa Mak

This chapter makes an analysis of the theoretical foundations of lawmaking in European private law. It shows that they can be traced to transnational and constitutional pluralist theories. The main question is in which respects legal pluralism should replace the monist, state-centred perspective on lawmaking that prevailed in Western Europe since the creation of the Westphalian nation state. It is argued that, even though the state remains the primary locus for lawmaking in private law in the EU, the rise of private regulation and the interaction between courts through judicial dialogues plead in favour of adopting a strong legal pluralist perspective. ‘Strong’ or ‘radical’ legal pluralism, other than monism or ‘ordered’ legal pluralism, holds that norms can co-exist without a formal hierarchy. Both a descriptive and a normative case are put forward in support of adopting this perspective.


Law for Sale ◽  
2019 ◽  
pp. 175-182
Author(s):  
Johanna Stark

The final chapter summarizes the arguments of the book that have exposed the ‘philosophical externalities’ of regulatory competition. If taken seriously as an interpretive framework of law production and reform, regulatory competition commits us to an understanding of law that is inconsistent with other views about law and its role in society that we appear to hold. What does not follow from these arguments is that regulatory competition and the resulting law markets are, in any possible scenario, inherently bad. It would be utopian to assume that the clock on the structural preconditions that have led to competitive dynamics in several areas of law could simply be turned back. To a significant extent, regulatory competition is one of the many symptoms of globalization. The global integration of political, legal, and economic spheres in numerous ways calls into question the role and impact of the nation state. What you think about regulatory competition therefore may not depend so much on the plausibility of its resulting in a race to the top or the bottom in legal standards, but on what you think about the purpose and function of the state in a globalized world.


Author(s):  
Bernard Spolsky

Abstract Until quite recently, the term Diaspora (usually with the capital) meant the dispersion of the Jews in many parts of the world. Now, it is recognized that many other groups have built communities distant from their homeland, such as Overseas Chinese, South Asians, Romani, Armenians, Syrian and Palestinian Arabs. To explore the effect of exile on language repertoires, the article traces the sociolinguistic development of the many Jewish Diasporas, starting with the community exiled to Babylon, and following through exiles in Muslim and Christian countries in the Middle Ages and later. It presents the changes that occurred linguistically after Jews were granted full citizenship. It then goes into details about the phenomenon and problem of the Jewish return to the homeland, the revitalization and revernacularization of the Hebrew that had been a sacred and literary language, and the rediasporization that accounts for the cases of maintenance of Diaspora varieties.


2000 ◽  
Vol 14 ◽  
pp. 1-41
Author(s):  
Christopher E. Goscha

This paper adopts a regional and geographical approach to show how the early spread of communism to mainland South-east Asia owes much to overseas Chinese and overland Vietnamese patterns of immigration. This wider approach seeks to get beyond the frontiers of nationalist histories and the formation of the 'modern' nation-state (whether colonial or national) in order to think in more material terms about how communism and not entirely unlike Catholicism or any other religion first entered mainland Southeast Asia on the ground, by which channels, by which groups of people and at which times. The idea is to begin mapping out the introduction and spread of communism in peninsular Southeast Asia in both time and space. This, in turn, provides us with a methodologically and historically sounder basis for thinking about the 'why' of this Sino-Vietnamese revolutionary graft and the failure of this brand of conmmunism to take hold in certain places and among certain peoples outside of China and Vietnam.


2008 ◽  
Vol 25 (2) ◽  
pp. 126-128
Author(s):  
Minoo Derayeh

This book examines the construction of gender and patriarchy in Iran duringthe onset of modernity, the Islamic revolution of 1979, and the post-revolutionera. Among the many works published by prominent scholars of Islamand Iranian women’s studies, Minoo Moallem’s investigation of the constructionof gender by neo-colonial modernity and political movements of anationalist or fundamentalist orientation deserves special attention.Inspired by Michel Foucault as well as Caren Kaplan and InderpalGrewal, Moallem incorporates a post-modern and a transnational feministapproach by arguing that post-modernity should be used as a framework tostudy the growth of modernity (p. 20). Challenging the popular belief thatfundamentalism is a return to the roots and early periods of a tradition or aculture, she finds it “in dialogue with modernity” (p. 13) and thus arguesthat the Islamic fundamentalism observed in the twentieth century is a postmodernizationphenomenon; in her words, “a by-product of the process ofmodernization” (ibid.). Nevertheless, she does not actually consider fundamentalismto be a truly post-modern phenomenon, since it does not respectthe “concept of difference,” as is the case with nationalism.Moallem questions the stereotypes presented by the travelers and foreigndiplomats of the late-eighteenth to early-twentieth centuries concerningthe harem, the veil, women, and so on. She challenges their vantage point increating “otherness” and portraying Islam as barbaric. Although manyworks deal with women, patriarchy, and the construction of gender under thePahlavis, the author offers a new reading and shows how the two rulers’forceful steps in the name of modernization and progress led to the establishmentof a nation-state in which each individual – man or woman – wassocialized to perform his/her role according to the “natural and social divisionof labour” (p. 74).Her work is timely, especially now when Islamic fundamentalism isdefined and analyzed by the politics of power through the global media. Inthe case or jihad, for instance, the author states that for fundamentalists, andmore specifically in Ayatullah Khomeini’s view, there are two types of jihad: ...


2021 ◽  
Vol 49 (4) ◽  
pp. 609-613
Author(s):  
John Paul Newman ◽  
Lili Zách

AbstractOur special issue discusses different perspectives on the important changes that took place in the transition from empire to nation-state at the end of the First World War, focusing especially on transnational connections, structural and historical continuities, and marginal voices that have been fully or partially concealed by the emphasis on a radical national awakening in 1918. Specific articles broach topics such as the implications of 1918 on notions of gender and ethnicity, 1918 and the violence of the “Greater War,” and the legacies and memories of 1918 across the 20th century. Our approach treats the “New Europe” of 1918 as a largely coherent geopolitical and cultural space, one which can be studied in an interdisciplinary fashion. We contend that 1918 is not simply a clean break in which one epoch cleanly makes way for another, but rather it is an ambiguous and contradictory pivot, one which created an “Old-New Europe” caught between the forces of the imperial past and those of the national future. Our intention is not to dismiss entirely the importance of the transformations of 1918 but rather to show how there exists a tension between those changes and the many continuities and legacies that cut across the traditional chronology.


2009 ◽  
pp. 266-290
Author(s):  
Bernard Wong

This chapter examines the different definitions of quality and compares the different models and frameworks for software quality evaluation. It will look at both historical and current literature. The chapter will give special attention to recent research on the Software Evaluation Framework, a framework for software evaluation, which gives the rationale for the choice of characteristics used in software quality evaluation, supplies the underpinning explanation for the multiple views of quality, and describes the areas of motivation behind software quality evaluation. The framework has its theoretical foundations on value-chain models, found in the disciplines of cognitive psychology and consumer research, and introduces the use of cognitive structures as a means of describing the many definitions of quality. The author hopes that this chapter will give researchers and practitioners a better understanding of the different views of software quality, why there are differences, and how to represent these differences.


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