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Pro-independence Movements and Immigration

Discourse, Policy and Practice

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Edited by Roberta Medda-Windischer and Patricia Popelier

The volume “Pro-independence Movements and Immigration: Discourse, Policy and Practice”, edited by Roberta Medda-Windischer and Patricia Popelier, explores the ways in which pro-independence movements and the governments of sub-state nations view and interact with new immigrants. It also examines the attitudes of new minorities toward pro-independence movements. Through case studies from the Basque Country, Flanders, Catalonia, Quebec, Scotland and South Tyrol, the authors examine the interrelationship between pro-independence movements and new minorities from a new perspective, oriented towards a more plural and inclusive approach between all individuals and groups (regardless of whether they are old or new minority groups) living in a given territory, and particularly in sub-national territories.

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Hyunjin Kim

Korean divorce law still adheres to fault-based divorce. According to a majority of the Supreme Court, the main reason for not admitting a no-fault policy is that the preconditions for systems for financially protecting the spouse and children after divorce have not yet been satisfied in Korea. However, there is not much time left, so we must use this golden time for preparing protective measures for divorced women and their children, through legislative efforts. Re-conceptualizing pension entitlements as the object of property division through Court rulings and legislation deserves to be highly evaluated. It is also noteworthy that a belated but wise establishment of the state agency to enforce child support obligations and its soft landing may be seen.

National Identities and the Right to Self-Determination of Peoples

"Civic -Nationalism -Plus" in Israel and Other Multinational States

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Hilly Moodrick-Even Khen

In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.

Explaining Law

Macrosociological Theory and Empirical Evidence

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Larry D. Barnett

Sociologist-lawyer Larry D. Barnett advances the macrosociological thesis that, in nations that are structurally complex and democratically governed, concepts and doctrines of law on society-central social activities are fashioned by society-level conditions, not by particular (or even prominent) individuals. Because a substantial body of social science research has found that law in a modern nation does not have a large, permanent effect on the frequency of such activities, the book contends that the content of law on the activities is a product, not a determinant, of the society in which the law exists. Explaining Law bolsters this contention with several original studies, and illustrates types of quantitative evidence that can be used to build a macrosociological theory of law.

Federalism as Decision-Making

Changes in Structures, Procedures and Policies

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Edited by Francesco Palermo and Elisabeth Alber

Accounting for participation, separation of powers and democratic accountability, federalism gains momentum in times when traditional democratic legitimacy of institutional decision-making is challenged. Its ability to include multiple interests makes federalism a means to ensure good governance.
Based on a multidisciplinary analysis, the book tackles the question of whether federalism as a pragmatic governance tool provides answers to current challenges and what those answers are. Thirty-three leading experts critically examine to what extent federalism serves this purpose in compound states, looking at different countries and policies.
The volume revolves around five sub-themes: ‘federalism, democracy and governance’, ‘participation mechanisms and procedures’, ‘policy areas compared’, ‘institutional innovation and participatory democracy’ and ‘federalism: from theory to governance’.

Migration and Autonomous Territories

The Case of South Tyrol and Catalonia

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Edited by Roberta Medda-Windischer and Andrea Carlà

Migration is an increasingly important reality for sub-national autonomous territories characterized by large historical communities or minorities. The diverse claims of these groups, on the one hand, and of new communities arising from migration, on the other, bring complexity to the management of migration issue in the territories.
Migration and Autonomous Territories, edited by Roberta Medda-Windischer and Andrea Carlà, draws on the fields of migration and minority studies, to analyze the challenges associated with the need to reconcile diversity and unity in autonomous territories. The volume compares the cases of South Tyrol and Catalonia, characterized both by the presence of large historical communities and minorities, and significant migration aims, and sheds new light on how sub-national units deal with migration.

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Edited by Kristin Henrard

This edited volume sets out to unravel various dimensions of a particular topical question pertaining to minorities and minority protection, which has not been explored yet, more particularly the socio-economic participation of minorities in relation to their right to (respect for) identity. This interrelation and interaction is studied from a multi-disciplinary perspective, spanning a broad range of disciplines, while drawing on a rich variety of case studies covering various corners of the world. This interrelation manifests itself in distinctive ways for religious minorities, ethnic minorities, and indigenous peoples. As it is impossible to provide a comprehensive coverage, this volume aims to offer a range of articles that reveal the breadth of the theme under review, while combining theoretical analysis with fascinating case studies.

The Enigma of Comparative Law

Variations on a Theme for the Twenty-First Century

A.E. Orucu

Viewing the contested theme Comparative Law as an ‘Enigma’, this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum.
By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking ‘Where are we going?’.

Edited by Mary Lou Breslin and Silvia Yee

This volume describes the extraordinary success of the international political movement of people with disabilities to include disability as a human rights issue. The authors are renowned disability rights attorneys, university professors, and activists who practice, teach and work internationally.



Published under the Transnational Publishers imprint.