scholarly journals The Ties that Bind: Kymlicka and the Problem of Political Unity in Multination States

2021 ◽  
Vol 9 (3) ◽  
pp. 105-127
Author(s):  
Jean-Francois Caron
Keyword(s):  
Explicit Solution ◽  
The State ◽  
Will Kymlicka ◽  
Societal Culture ◽  
Political Unity ◽  
National Minorities ◽  
Multicultural Citizenship

As asserted by Will Kymlicka, the recognition and accommodation of national minorities leads to a dilemma. Indeed, if denying them these rights can contribute to their willingness to secede, allowing them to self-govern can also ultimately lead to the weakening of their ties with the state in which they are integrated. This tension well described in Kymlicka’s Multicultural Citizenship and in his later works remains nonetheless without an explicit solution. This text addresses this question by suggesting that the dialogical dynamic behind the recognition and accommodation of national minorities hides a purely political patriotism stemming from the neo-republican tradition that is complementary to the nationalist sense of attachment that members of national minorities will inevitably come to feel toward their societal culture.

Cultural security of minorities under threat. The situation of the Uyghurs in the People’s Republic of China

2021 ◽  
Vol 202 (4) ◽  
pp. 719-733
Author(s):  
Elżbieta Szyszlak
Keyword(s):  
Cultural Heritage ◽  
The State ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Case Study Method ◽  
Republic Of China ◽  
National Minorities ◽  
Fundamental Significance

The main objective of the article is to analyse the state of cultural security of the Uyghur minority. Due to the fundamental significance of identity and culture for the functioning of national minorities, it belongs from their perspective to the most crucial sectors of security, especially since a whole range of threats concerns it. The text uses the case study method, and the situation of the Uyghur minority in the People’s Republic of China has been chosen as an example. The following parts of the study define the terms used in the article, characterize the Uyghur minority, and indicate the most critical threats to its cultural security. These include the processes of migration together with the accompanying processes of urbanization and industrialization, the destruction of cultural heritage, threats in the area of culture and education, and dangers related to the state’s policy towards Islam and the potential radicalization of its Uyghur followers.

Immigration and Multicultural Citizenship in Europe: Insights from the Framework Convention for the Protection of National Minorities

2021 ◽  
pp. 1-31
Author(s):  
Timothy Jacob-Owens
Keyword(s):  
Czech Republic ◽  
Minority Rights ◽  
Cultural Groups ◽  
The Czech Republic ◽  
Conventional View ◽  
The United Kingdom ◽  
National Minorities ◽  
Central Pillar ◽  
Multicultural Citizenship ◽  
Scope Of Protection

Abstract Multicultural citizenship, a set of group-differentiated rights for minority cultural groups, is now a common feature of most domestic legal systems in Europe. The conventional view, widely reflected in practice, suggests that ‘strong’ rights of this sort should be restricted to so-called ‘historical’ minorities. However, the increasingly long-standing presence of distinct cultural groups of immigrant origin raises the question of whether, and to what extent, the latter should also be granted stronger forms of multicultural citizenship. This article addresses this question by reference to the Council of Europe’s Framework Convention for the Protection of National Minorities, a central pillar of the international minority rights regime in Europe. The article analyses the application of the treaty to immigrant-origin groups in the Czech Republic and the United Kingdom, showing that the scope of protection afforded to such groups is stronger than previously assumed, though less far-reaching as compared to their ‘historical’ counterparts.

scholarly journals Przyczyny upadku Polski według Iwana Kedryna-Rudnyckiego

2021 ◽  
Vol 49 (3) ◽  
pp. 41-64
Author(s):  
Alina Zawada
Keyword(s):  
Foreign Policy ◽  
The State ◽  
National Minorities

This article discusses articles written by the Ukrainian journalist Ivan Kedryn-Rudnytsky, which were published in the journal Krakivs’ki Visti in the spring and summer of 1940. It was published by Ukrainians in German-occupied Cracow from 1940 to 1944 (until October), and later in Vienna. In his twenty-seven articles, the author discussed in detail the reasons which, in his opinion, led to the defeat of Poland in September 1939. In his deliberations he went back to the beginnings of the Second Polish Republic and analysed the system, politics, administration, foreign policy, policy towards national minorities, the state press strategy and actions taken by individual politicians. He was critical of people and phenomena, but based his judgments on facts. This article outlines his most important arguments and divides them into categories.

Kymlicka’s Alignment of Mill and Engels: Nationality, Civilization, and Coercive Assimilation

2021 ◽  
pp. 1-19
Author(s):  
Tim Beaumont
Keyword(s):  
John Stuart Mill ◽  
Harm Principle ◽  
Will Kymlicka ◽  
National Minorities ◽  
Friedrich Engels ◽  
Definition Of

Abstract John Stuart Mill claims that free institutions are next to impossible in a multinational state. According to Will Kymlicka, this leads him to embrace policies kindred to those of Friedrich Engels, aimed at promoting mononational states in Europe through coercive assimilation. Given Mill’s harm principle, such coercive assimilation would have to be justified either paternalistically, in terms of its civilizing effects upon the would-be assimilated, or non-paternalistically, with reference to the danger that their non-assimilation would pose to others. However, neither possible interpretation is plausible; Mill takes Europe’s civilized status to shield Europeans from paternalistic coercion, and he opposes coercive assimilation where it could conceivably be justified in the name of defense. Although this much suggests that Kymlicka misinterprets Mill by ignoring his definition of nationality, it leaves scope for Kymlicka to argue that Mill favors policies that promote mononationality through neglecting the languages and cultures of national minorities.

DEVELOPMENT OF UKRAINIAN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR TERRORISM

2017 ◽  
Author(s):  
Anastasiia Bedrata ◽  
◽  
Alina Nikolyuk ◽  
Keyword(s):  
Rapid Development ◽  
National Level ◽  
Global Scale ◽  
Criminal Code ◽  
The State ◽  
Political Position ◽  
National Minorities ◽  
Preventive Actions ◽  
Criminal Offenses ◽  
Criminal Legislation

The article examines the historical development and the process of formation of criminal legislation of Ukraine, the commission of criminal offenses in the field of terrorism. A comparative analysis of the criminal codes of 1927 1960 and 2001 was carried out in terms of articles that establish responsibility for a terrorist act. The question of differentiation of terrorist crimes from other similar ones is considered. These issues are becoming increasingly important in connection with the escalation of tensions both at the national level and in the international arena, in particular: due to the growth of radical adherents of religion, opponents of the current government in different countries, individuals of traditional views. refuse to accept the liberalization and empowerment of national minorities. However, despite the rapid development of the popularity of this issue on a global scale, special attention in this article should be focused on the development of national regulations on the issue of defining the concept of terrorism. Outline the preventive actions that the state of Ukraine can take to prevent the spread of these crimes. The urgency of this issue in Ukraine is due to various factors, and in particular: the unstable economic situation in the country, which depresses citizens, trampling them on a criminal path for easy profit; It is also worth noting the unstable political situation in the state, which leads to the emergence of opposition-minded citizens who are unable to be heard peacefully. At rallies and protests are forced to resort to more radical manifestations of their political position. As a result of the research conducted in the article, it was established how the national criminal legislation developed in terms of terrorist crimes, analyzed the content, established what disadvantages and advantages can be found in the criminal codes of 1927 1960 and 2001, proposed options for improving the legislation, as well as Proposals for Changing the Hierarchy of Values during the development of the new Criminal Code, the draft of which has already been developed on its own initiative. Groups of lawyers and scholars in the field of law.

NATIONAL EDUCATION IS THE MAIN GUARANTEE OF ESTABLISHING NATIONAL ELITE

2019 ◽  
pp. 89-94
Author(s):  
Mykola Zhulynskiy
Keyword(s):  
Private School ◽  
Native Language ◽  
Language Education ◽  
The State ◽  
Political Elite ◽  
Systematic Analysis ◽  
National Education ◽  
National Minorities ◽  
State Archives ◽  
The Right

In the article, the scientist focuses on the goal of education – the formation of a leading strata of the Ukrainian people – intellectuals, the national elite. The article states that the national character is formed only by the national school. The purpose of education is defined - formation of the leading layer of the Ukrainian people - intellectuals, national elites. It is noted that a conscious volyn political elite was formed. In a systematic analysis of archival sources, the author notes that in the State Archives of Ternopil region (fund 351) you can learn about the teachers of the gymnasium: the director and teacher of Latin Sergey Ulianovich Milyashkevich, professor of general history, geography and Latin Andrei Kutsa, professor of Ukrainian language and literature Victor Gnazhevsky , teachers of religion (Yuriy Ivanitsky), natural sciences and arithmetic (Luka Skibinetsky), manual labor, calligraphy and drawing (Vasyl Doroshenko), French and German; (Katerina Milyashkevich), teacher of mathematics. Physics and Chemistry (Vasyl Kavun). Describing the preconditions for the emergence of Ukrainian gymnasiums in Volyn, the author notes that at that time in the late 1920's Volyn voivodship operated 1144 schools, of which 390 were late saturdays, 750 Polish and only 4 schools with Ukrainian language education. The state program of assimilation of national minorities (the Ukrainian minority in the Second Common Polish Commonwealth was the second largest national group after the Poles, accounting for about 15% of the total population) in Volhynia was through compulsory school education in the spirit of the Propolis ideology. At the same time, Ukrainians sought to uphold the right to open schools with their native language of instruction even in those areas where they were quantitatively prevailing. This was guaranteed to the Ukrainians by the Polish Constitution of 1921. (Articles 110-111), but in reality it was extremely difficult to achieve this. Even the opening of a Ukrainian private school required a lot of effort - only with the permission of the minister of religion and public education. Kremenets Gymnasium, as well as Lutsk, as well as Rivne (arose thanks to the "Enlightenment" of 1923), nourished the native language, professed Orthodox traditions, revered outstanding national figures, leaders of the nation. It is from this angle that the role of the Ukrainian Gymnasium in Kremenets is shown, along with similar gymnasia in Lutsk and Vinnitsa in the formation of the secular and spiritual national consciousness of the Ukrainian intelligentsia, who later worked on asserting the statehood, including in the UPA ranks, for the development of the Ukrainian national culture.

The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory

1997 ◽  
Vol 10 (1) ◽  
pp. 5-19 ◽  
Author(s):  
Ernst-Wolfgang Böckenförde
Keyword(s):  
The State ◽  
Carl Schmitt ◽  
The Political ◽  
Constitutional Theory ◽  
Personal Memory ◽  
Political Aspect ◽  
Legal Fiction ◽  
Political Unity ◽  
Legal Perspective ◽  
Law Student

The focus of this paper is not on the person, but on the work of Carl Schmitt, in particular the significance of Schmitt's concept of the political for an understanding of his legal and constitutional theory. Let me start with a short personal memory. When I was a third year law student, I read Carl Schmitt's Constitutional Theory. I came across the formulations that the state is the political unity of a people and that the rule of law component in a constitution is an unpolitical component. I was puzzled by these two remarks. I had learned from Georg Jellinek that the state, from a sociological perspective, is a purposeful corporative unit and, from a legal perspective, represents a territorially based corporation. I had also gathered some knowledge about “organic” state theories, especially that of Otto von Gierke who considers the state an organism and a real corporative personality rather than a mere legal fiction. On the basis of these theories, I felt unable to understand Schmitt's point that the state is the political unity of a people, because in those theories the political aspect is largely missing. It was only later that, by reading and studying Carl Schmitt's essay The Concept of the Political, I gradually learned to make sense of the above remarks. Thus I have discovered that that essay, and the understanding of the political elaborated in it, contains the key to understanding Carl Schmitt's constitutional theory in general. I would now like to explain this.

MULTICULTURAL CITIZENSHIP: A CRITIQUE

2001 ◽  
Vol 42 (2) ◽  
pp. 431-447 ◽  
Author(s):  
CHRISTIAN JOPPKE
Keyword(s):  
Minority Groups ◽  
Minority Rights ◽  
The State ◽  
Theory And Practice ◽  
Multicultural Citizenship

This article discusses the theory and practice of multicultural citizenship in liberal states. Regarding theory, I point to the shortcomings of both ‘radical’ and ‘liberal’ approaches to justify minority rights. Regarding practice, the state-centered notion of multicultural citizenship defects from the decentered accommodation of multicultural minority claims in functionnally differentiated societies. It also runs counter to a trend toward de-ethnicization in liberal states, in which the cultural impositions of the majority on minority groups are growing thin, thus removing the case for minority rights.

Sign in / Sign up

Export Citation Format

Share Document