Minority rights and the dialectics of the nation: Otto Bauer’s theory of the nation and its contributions to multicultural theory and globalization

Conclusion This article analyzed Otto’s Bauer idea of the nation and assessed its meaning and significance qua liberal nationalism and the expansion of national minority rights in Europe. It argued that Bauer's formulation of the same rights for all minorities exposed certain limitations of multicultural theory, namely the failure of liberal multicultural theorists to adequately address the consequences of special minority rights and the potentially transformative role of labor in liberal societies that necessarily seek to be inclusive. Further, Bauer's idea of cultural autonomy raised important and relevant implications for advancing national minority rights in Europe. In particular, his initiative exposed possible ways to promote the social of cultural rights of EU Charter on Fundamental Rights. Given this and the EU's commitment to labor rights, it is curious that Bauer’s theory has not received the attention it deserves. Indeed, even if Bauer's ideas prove somewhat non-conventional by liberal standards, it is still important that we see his ideas as serving some elemental purpose in linking the advancement of national values and sentiment with the EU goal of integration.     

Der Geist des „Roten Wien“ ins 21. Jahrhundert gerettet: Karl Popper Reconsidered by Malachi Haim Hacohen

Ohne Zusammenfassung Der nachstehende Text ist eine überarbeitere Fassung der Laudatio für Malachi Haim Hacohen anl?sslich der überreichung des Victor-Adler-Staatspreises in Wien am 25. April 2003. Hacohen erhielt diesen Preis für sein Werk „Karl Popper — the Formative Years, 1902–1945. Politics and Philosophy in Interwar Vienna“, Cambridge: University Press 2000.     

Legislative influences in Japanese budgetary politics

Following World War II (W.W.II), Japan adopted a democratic parliamentary system. Since its formation in 1955 the Liberal Democratic Party (LDP) had monopolized Japanese legislature (Diet) for over 35 years. However, it is said that at the center of the budgetary process was the Ministry of Finance (MOF). Elite bureaucrats rather than politicians are typically seen as the agenda-setter. The action of politicians, in particular members of the LDP, to influence the budgetary resource allocation has been largely unexamined. This paper empirically examines the influence of the LDP on the supplementary budget formation and on the revenue-sharing. We find that the LDP had a significant impact on the budget formation. Further, we find that the LDP manipulated transfers from the central government to local governments presumably to maintain its electoral positions.     

On the Nature of Tolerance: Dichotomous or Continuous?*

The purpose of this article is to reconsider the claim made recently by Mondak and Sanders that political tolerance ought to be thought to be a dichotomous rather than continuous variable. Using data from both Russia and the United States, I demonstrate that those Mondak and Sanders regard as uniquely tolerant are most likely no more than people who were given insufficient opportunity to express their intolerance. Even if such a phenomenon of “absolute tolerance” exists (all ideas expressed in all ways are to be tolerated), it is sufficiently rare that few practical implications are indicated for those doing empirical work on political tolerance and intolerance. * I appreciate the valuable comments of Jeffcry Mondak on an earlier version of this paper.     

Arab States and the Role of Islam in the International Criminal Court

This article assesses the various disagreements between Arab and western states that surfaced at the 1998 Rome Conference and Preparatory Commission. It also discusses the relationship between state repression and cultural adaptation by examining the undeveloped domestic criminal systems of Arab states and the ambiguous role played by shariah (Islamic law) in the constitutions of many of them. It argues two main points: that more mutual accommodation will be needed to resolve these and future conflicts between Islamic and international law; and that such conflicts between the ICC and Arab states expose the need for further cultural adaptation to the ICC Statute. It is out of this process of cultural adaptation that the relationship between Islam and serious international crimes will evolve.     

Indians 78, Washington State 0: Stories about Indians and the Law

In the 1970s Washington State lost a series of legal cases related to Native Americans. These cases exemplify the need for knowledge of federal Indian law-but such knowledge, out of context, is insufficient. Key aspects of federal Indian law are hard to accept because of conflicting stories that Americans already believe. The authors discuss the importance of stories and review commonly believed stories that block acceptance of federal Indian law. They then discuss basic principles of Indian law and distill four questions to help determine tribal jurisdiction. The authors review the Marshal trilogy—three Supreme Court cases that set the foundations of modern Native American law—and show how the legal principles play out in an analysis of three contemporary court cases.