«Different légal Thinking. From a différent légal thinking to the same goal . << What are the main differences between the civil and the common law systems ? ...» Document abstract
$4.95
5 word format
Language : english
European law
presentation
date published
08/03/2007
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level : Advanced
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SummaryThe majority of legal authors divide the legal systems in the world into two mains groups : the common law on the one hand and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition and then as a conclusion you are told to distinguish the two systems. For instance, we can look at the definitions given by Britannica Encyclopedia for those two notions. Civil law is defined as « a body of law developed from Roman law and used in continental Europe and most former colonies of European nations, including the province of Quebec and the U.S. state of Louisiana… The basis of law in civil-law jurisdictions is statute, not custom; civil law is thus to be distinguished from common law » . Then, common law is defined as « a body of law based on custom and general principles and that, embodied in case law, serves as precedent or is applied to situations not covered by statute. Common law has been administered in the courts of England since the Middle Ages; it is also found in the U.S. and in most of the British Commonwealth. It is distinguished from civil law » .
Since those two systems are both used in the European Union, it might be interesting to look at their differences concretely. So, here we will focus on the main differences between civil and common law as define above. We will concentrate our discussion on the civil and common law as used on the European continent. Rather than focusing on each differences which will lead us to a descriptive listing, we will adopt an evolutive approach. Thus, we will look at the historical background of each systems and how it has influence their actuals characteristics (I). Then, we will focus on the main difference between civil and common law, that is to say the legal thinking, notwithstanding the fact that they always have the same purpose : regulate and harmonize the human activity . (II)
Since those two systems are both used in the European Union, it might be interesting to look at their differences concretely. So, here we will focus on the main differences between civil and common law as define above. We will concentrate our discussion on the civil and common law as used on the European continent. Rather than focusing on each differences which will lead us to a descriptive listing, we will adopt an evolutive approach. Thus, we will look at the historical background of each systems and how it has influence their actuals characteristics (I). Then, we will focus on the main difference between civil and common law, that is to say the legal thinking, notwithstanding the fact that they always have the same purpose : regulate and harmonize the human activity . (II)
Table of Contents
- From a différent historical Background to
- Different légal Thinking
- From a différent légal thinking to the same goal
« to him - and it is his main criticism against this is how he classified Civil law within his However, there are other differences between law and order backed ...» Document abstract
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3 word format
Language : english
political science
presentation
date published
28/02/2007
review : not yet assessed
level : Advanced
requested 11 times
Summary“The existence of law is one thing, its merit or demerit is another.” John Austin (1790-1859) defines the essence of positivism in this one sentence, generally cited as the standard exposition of the imperative theory of law, from his book: The Province of Jurisprudence Determined (1832). A disciple of Jeremy Bentham who popularised the ideas, Austin was also inspired by political philosophers like Jean Bodin, David Hume or Thomas Hobbes arguing that the source of political authority has to be thought of as a sovereign who gives commands. According to Austin, law and morality must be strictly distinguished and law is merely a command given by a superior whom the society is in the habit of obedience. The law must then be enforced by a sanction. Law is valid if it is set by a sovereign, decreed, then posited. His ideas were recognised as a dominant force in English legal thinking in the nineteenth century and have been analysed by a series of writers known as the school of “analytical jurisprudence”. Austin’s legal theory has also been sharply criticised by other theorists, prominently H.L.A Hart in The Concept of Law (1961). Today, the Austinian basis has largely been rejected and the weaknesses of his theory are often better known than the theory itself. In this essay, I shall explain these critics and argue that the legal positivist theory of John Austin is fatally flawed.
Table of Contents
- The definition of positive law according to Austin excludes many areas of the law
- Austin's notions of the habit of obedience and sovereignty are deficient
Les internautes ont également acheté « than comprehensive, treatment whereby only timing differences expected to basis is adopted for the main accounts a major source of difference between Sweden and ...» Document abstract
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26 word format
Language : english
accounting
presentation
date published
28/09/2006
review : not yet assessed
level : General public
requested 3 times
SummaryThere is no doubt that Anglo-Saxon accounting can be distinguished from accounting in continental Europe, Asia, Latin American, and many other parts of the world. It is practiced not only in the United States and United Kingdom, but also to an important extent in countries where, for example, the United Kingdom has had a major colonial influence, such as in Australia, Canada, Hong Kong, India, Ireland, Kenya, Malaysia, New Zealand, Nigeria, Singapore, and South Africa. Anglo-Saxon accounting tends to be relatively optimistic and transparent compared to the Germanic and Latin countries, as well as Japan.
In many Ways, Accounting in the United Kingdom is very similar as might be expected given the importance or the historical and investment connections between the two countries. Just as the language and legal system were exported from the United Kingdom to the United States, so were the founding fathers of U.S accounting, including pioneers such as Arthur Young (a Glasgow University graduate of the 1880s). Nevertheless, the United States has adapted rather than adopted the United Kingdom accounting tradition. Indeed, the more recent historical and environmental circumstances of the United States have given rise to some significant distinguishing features.
The securities markets are the dominant influence on accounting regulation in the United States. Dealings in securities and investor protection are regulated and enforced at the federal government level under the Securities Act of 1933 and the Securities Exchange Act of 1934, which were passed in response to the stock market crash of 1929 and subsequent financial crises.
The Securities and Exchange Commission (SEC) was established with the legal authority to enforce the securities laws and also to formulate as well as enforce accounting standards. However, the SEC recognizes as authoritative the “Generally Accepted accounting Principles“ (GAAP) embodied in standards issued by an independent Financial Accounting Standards Board (FASB), witch was established in 1973 following criticism of the standard setting procedures of the American Institute of Certified Public Accountants, thus the standard setting role has been delegated to the FASB with the SEC acting in only a supervisory capacity unless it deems it necessary to intervene, which it has done on only rare occasions (e.g. With respect to oil and gas accounting). Corporations are required to follow EASB standards; otherwise the SEC will refuse registration and hence trading in their securities. It should be noted that only listed corporations (a minority of U.S. corporations) are required to comply with the very detailed regulations imposed by the SEC for investor protection purposes.
The FASB has a very open approach to standard setting known as operating in the “sunshine”. All meetings are open to the public and a variety of opinions sought in an elaborate “due-process” in an effort to ensure that the public interest is properly served. In order to help formulate new standards and improve existing ones; the FASB has developed an explicit conceptual framework of objectives and qualitative characteristics of financial reporting in its series of statements of financial accounting concepts.
The Fast’s pronouncements on accounting practice are issued as “Statements of Financial Accounting Standards” (SFAS). More Than 100 of these had been issued by 1991. Taken overall, the FASB Standards are quite detailed and voluminous compared to U.K standards, for example, this suggest that while the United Stats is similar in many ways to the United Kingdom and Other Anglo-Saxon countries, it is unique in having perhaps the most comprehensive system of accounting regulations in the world, at least so far as securities markets are concerned.
In many Ways, Accounting in the United Kingdom is very similar as might be expected given the importance or the historical and investment connections between the two countries. Just as the language and legal system were exported from the United Kingdom to the United States, so were the founding fathers of U.S accounting, including pioneers such as Arthur Young (a Glasgow University graduate of the 1880s). Nevertheless, the United States has adapted rather than adopted the United Kingdom accounting tradition. Indeed, the more recent historical and environmental circumstances of the United States have given rise to some significant distinguishing features.
The securities markets are the dominant influence on accounting regulation in the United States. Dealings in securities and investor protection are regulated and enforced at the federal government level under the Securities Act of 1933 and the Securities Exchange Act of 1934, which were passed in response to the stock market crash of 1929 and subsequent financial crises.
The Securities and Exchange Commission (SEC) was established with the legal authority to enforce the securities laws and also to formulate as well as enforce accounting standards. However, the SEC recognizes as authoritative the “Generally Accepted accounting Principles“ (GAAP) embodied in standards issued by an independent Financial Accounting Standards Board (FASB), witch was established in 1973 following criticism of the standard setting procedures of the American Institute of Certified Public Accountants, thus the standard setting role has been delegated to the FASB with the SEC acting in only a supervisory capacity unless it deems it necessary to intervene, which it has done on only rare occasions (e.g. With respect to oil and gas accounting). Corporations are required to follow EASB standards; otherwise the SEC will refuse registration and hence trading in their securities. It should be noted that only listed corporations (a minority of U.S. corporations) are required to comply with the very detailed regulations imposed by the SEC for investor protection purposes.
The FASB has a very open approach to standard setting known as operating in the “sunshine”. All meetings are open to the public and a variety of opinions sought in an elaborate “due-process” in an effort to ensure that the public interest is properly served. In order to help formulate new standards and improve existing ones; the FASB has developed an explicit conceptual framework of objectives and qualitative characteristics of financial reporting in its series of statements of financial accounting concepts.
The Fast’s pronouncements on accounting practice are issued as “Statements of Financial Accounting Standards” (SFAS). More Than 100 of these had been issued by 1991. Taken overall, the FASB Standards are quite detailed and voluminous compared to U.K standards, for example, this suggest that while the United Stats is similar in many ways to the United Kingdom and Other Anglo-Saxon countries, it is unique in having perhaps the most comprehensive system of accounting regulations in the world, at least so far as securities markets are concerned.
Table of Contents
- Anglo-saxon accounting
- United states
- United kingdom
- Nordic accounting
- The netherlands
- Sweden
- Germanic accounting
- Germany
- Switzerland
- Latin accounting
- France
- Italy
- Asian accounting
- Japan
« in politics, we give a broader scope to our study in analysing one of the main solutions that the To sum up, differences persist between the political ...» Document abstract
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32 word format
Language : english
political science
theses
date published
17/10/2006
review : not yet assessed
level : Advanced
requested 15 times
SummaryNowadays women are increasingly accessing to high political positions in State office. Indeed, three women recently reached the status of Head of State in different countries: Michelle Bachelet in Chile, Ellen Johnson-Sirlead in Liberia, and Tarja Halonen in Finland. Moreover, women play more crucial roles on the political scene than before, as it is the case in France with the ambitious Ségolène Royal who is currently working very hard to become a possible presidential candidate and to overcome male scoffing. Nonetheless, progress in the inclusion of women’s voices in politics and government has proved difficult. Despite some well-known world leaders, such as Margaret Thatcher, Gro Harlem Bruntland and Golda Meir, only thirty-nine countries have ever elected a woman president or Prime Minister. According to the UN report, today women compose less than one-tenth of the world’s cabinet ministers (Inglehart and Norris, 2003).
Indeed, the gender variable is often used in political studies to explain political phenomena, in confronting men and women behaviours, even if other elements (like age, profession, social status …) are available to grasp striking individual differences towards politics. However, it is important to introduce qualifications concerning the relevance of a gender approach because women do not always constitute a homogeneous group. But this does not jeopardize this study since it has been proven that political conducts exist proper to female.
When studying women in politics, several relevant approaches can be envisaged. For instance, gender gaps in voting behaviours had been for a long time put forward as women appeared to become more inclined than men to vote in the left of the political field since the 1980s (Oskarson, 1995) despite their traditional and apparently well-established conservatism. Comparing gender differences in ideology, public opinion and electoral preferences can be considered as being the most common approach to elaborate the meaning of the term ‘gender gap’.
Nevertheless, concerning gender and politics, two conceptions have been developed namely the pessimistic and the optimistic perspectives. The first one aimed at stressing permanent predominance of males and consequently the continuous female exclusion. In this view, even the increasing proportion of women in political bodies is justified by the decline in the power and significance of political institutions. Moreover, the fact that women have integrated the so-called ‘soft side’ of politics (meaning the low status fields) restricts the relevance of female increasing empowerment (Bergqvist, 1999). The second approach asserts a sure degree of autonomy of politics and political institutions envisaging the possibility of positive changes in gender political positions because of the great importance given to actors. Today, the optimistic view takes prevalence in most studies.
For our part, we found germane to rely on Rokkan’s model, developed in the 1970s, which resorts to four institutional thresholds that must be passed or overcome by the mobilising women group to achieve political power in parliamentary system (Raaum, 2004). In this model, each threshold constitutes an institutional obstacle while each phase in between can be considered as mobilisation periods.
Our study will focus on a comparative approach of female representation in politics at the national level of each country, i.e. France and four Nordic countries (Sweden, Denmark, Norway and Finland). We put aside the Icelandic case since its gender profile differs from the situation in the four other Nordic countries. Indeed, its level of female political representation is relatively low (mainly because of its electoral system) and the social citizenship of Icelandic women has not been as broad as in the rest of the Nordic countries (Borchorst, Christensen, Raaum, 1999). Icelandic society has been regarded as a ‘strong male-breadwinner model’ (Raaum, 2004). Thus, from now on, the expression ‘Nordic countries’ encompasses only these major four countries. Besides, France seems to be an appropriate case on that subject as equality between men and women in politics has been a controversial and thorny question in our native country for decades.
Finally, let us clarify a few details on the Nordic case. In comparative studies, many authors lay the emphasis on the homogeneity of the Nordic countries in designating them as a ‘case apart’ in the matter of female representation (Karvonen, Selle, 1995). As tending to be at the top of the list concerning women representation in politics, Denmark, Norway, Sweden and Finland are often considered by the optimists as well as by the pessimists as a special model because of its unique character and its attempt to build a brighter future for women. However, we cannot deny that even though the Nordic countries share many common features, it must be admitted that several differences remain on the subject notably concerning the women integration strategies elaborated in each country. As it is highlighting by Christensen, the Nordic countries have chosen to develop various strategies in order to integrate women especially in the political field. For instance, Finland and Sweden have opted for a ‘classic strategy’ by relying upon a tradition of women’ s sections in the political parties but also on the penetration of new women mobilisation in the parties. On the other hand, Norway and Denmark have done differently. Indeed, Norway has followed a ‘modern strategy’; for instance, through the strengthening of the parties by the new mobilisation women or by their integration by means of quotas. Denmark, for its part, did not develop any integration strategy as the mobilisation of women used channels other than political parties since women for example lack sections within the parties (Christensen, 1999). Nonetheless, the central statistics underline that the Nordic countries offer a specific model of women representation in politics. In fact, in the early 1990s, there were 30 percent of women in Nordic parliaments whereas the world average, even today, hardly reaches about 16 percent. In addition, what is striking is that such a pattern is met not only concerning parliaments but also with regards to the executive branch of governments and to cabinet members. Agreeing with this rationale, we will compare the performance of the Nordic model to the French situation with respect to the four thresholds of women mobilisation.
In fact, theories about women and political power set a discrepancy between, on the one hand, women’s lack of authority and, on the other hand, the political practice indicating their increasing degree of mobilisation as decision-makers in public policies. The political mobilisation of Nordic women constitutes a striking contrast to the so-called ‘powerlessness model’ to which France in our study may relatively belong (Raaum, 1995).
Luckily, thanks to reports provided by national French and Nordic authorities, numerous data on our subject are available that will constitute the point of departure of our study. These figures shed light on the existing gap of women representation in politics between France and the Nordic countries. Hence, we can wonder how these countries, close in many aspects such as economic development, may be so divergent in the field of our study as France is much far from realizing women expectations.
On this subject, many scholars put forward a common theory of the 1960s and early 1970s which argued that economic growth was the most effective strategy and incentive for the improvements of women status (Inglehart, Norris, 2003). These authors rely upon other factors to explain ‘the rising tide of gender equality’ such as the role of state or the cultural variable. To our point of view, we must follow this rationale in evoking other factors for women empowerment as we are comparing countries which are close economically speaking.
Our cross-national study will concentrate first on empirical and historical data illustrating the gap in women political presence between France and the Nordic countries (1). Then, we will try to sort out possible explanations for these differences that go beyond economic factors (2). Finally, it appears relevant to introduce a perspective on our subject by tackling the question of measures that aim at promoting women political representation (3).
Indeed, the gender variable is often used in political studies to explain political phenomena, in confronting men and women behaviours, even if other elements (like age, profession, social status …) are available to grasp striking individual differences towards politics. However, it is important to introduce qualifications concerning the relevance of a gender approach because women do not always constitute a homogeneous group. But this does not jeopardize this study since it has been proven that political conducts exist proper to female.
When studying women in politics, several relevant approaches can be envisaged. For instance, gender gaps in voting behaviours had been for a long time put forward as women appeared to become more inclined than men to vote in the left of the political field since the 1980s (Oskarson, 1995) despite their traditional and apparently well-established conservatism. Comparing gender differences in ideology, public opinion and electoral preferences can be considered as being the most common approach to elaborate the meaning of the term ‘gender gap’.
Nevertheless, concerning gender and politics, two conceptions have been developed namely the pessimistic and the optimistic perspectives. The first one aimed at stressing permanent predominance of males and consequently the continuous female exclusion. In this view, even the increasing proportion of women in political bodies is justified by the decline in the power and significance of political institutions. Moreover, the fact that women have integrated the so-called ‘soft side’ of politics (meaning the low status fields) restricts the relevance of female increasing empowerment (Bergqvist, 1999). The second approach asserts a sure degree of autonomy of politics and political institutions envisaging the possibility of positive changes in gender political positions because of the great importance given to actors. Today, the optimistic view takes prevalence in most studies.
For our part, we found germane to rely on Rokkan’s model, developed in the 1970s, which resorts to four institutional thresholds that must be passed or overcome by the mobilising women group to achieve political power in parliamentary system (Raaum, 2004). In this model, each threshold constitutes an institutional obstacle while each phase in between can be considered as mobilisation periods.
Our study will focus on a comparative approach of female representation in politics at the national level of each country, i.e. France and four Nordic countries (Sweden, Denmark, Norway and Finland). We put aside the Icelandic case since its gender profile differs from the situation in the four other Nordic countries. Indeed, its level of female political representation is relatively low (mainly because of its electoral system) and the social citizenship of Icelandic women has not been as broad as in the rest of the Nordic countries (Borchorst, Christensen, Raaum, 1999). Icelandic society has been regarded as a ‘strong male-breadwinner model’ (Raaum, 2004). Thus, from now on, the expression ‘Nordic countries’ encompasses only these major four countries. Besides, France seems to be an appropriate case on that subject as equality between men and women in politics has been a controversial and thorny question in our native country for decades.
Finally, let us clarify a few details on the Nordic case. In comparative studies, many authors lay the emphasis on the homogeneity of the Nordic countries in designating them as a ‘case apart’ in the matter of female representation (Karvonen, Selle, 1995). As tending to be at the top of the list concerning women representation in politics, Denmark, Norway, Sweden and Finland are often considered by the optimists as well as by the pessimists as a special model because of its unique character and its attempt to build a brighter future for women. However, we cannot deny that even though the Nordic countries share many common features, it must be admitted that several differences remain on the subject notably concerning the women integration strategies elaborated in each country. As it is highlighting by Christensen, the Nordic countries have chosen to develop various strategies in order to integrate women especially in the political field. For instance, Finland and Sweden have opted for a ‘classic strategy’ by relying upon a tradition of women’ s sections in the political parties but also on the penetration of new women mobilisation in the parties. On the other hand, Norway and Denmark have done differently. Indeed, Norway has followed a ‘modern strategy’; for instance, through the strengthening of the parties by the new mobilisation women or by their integration by means of quotas. Denmark, for its part, did not develop any integration strategy as the mobilisation of women used channels other than political parties since women for example lack sections within the parties (Christensen, 1999). Nonetheless, the central statistics underline that the Nordic countries offer a specific model of women representation in politics. In fact, in the early 1990s, there were 30 percent of women in Nordic parliaments whereas the world average, even today, hardly reaches about 16 percent. In addition, what is striking is that such a pattern is met not only concerning parliaments but also with regards to the executive branch of governments and to cabinet members. Agreeing with this rationale, we will compare the performance of the Nordic model to the French situation with respect to the four thresholds of women mobilisation.
In fact, theories about women and political power set a discrepancy between, on the one hand, women’s lack of authority and, on the other hand, the political practice indicating their increasing degree of mobilisation as decision-makers in public policies. The political mobilisation of Nordic women constitutes a striking contrast to the so-called ‘powerlessness model’ to which France in our study may relatively belong (Raaum, 1995).
Luckily, thanks to reports provided by national French and Nordic authorities, numerous data on our subject are available that will constitute the point of departure of our study. These figures shed light on the existing gap of women representation in politics between France and the Nordic countries. Hence, we can wonder how these countries, close in many aspects such as economic development, may be so divergent in the field of our study as France is much far from realizing women expectations.
On this subject, many scholars put forward a common theory of the 1960s and early 1970s which argued that economic growth was the most effective strategy and incentive for the improvements of women status (Inglehart, Norris, 2003). These authors rely upon other factors to explain ‘the rising tide of gender equality’ such as the role of state or the cultural variable. To our point of view, we must follow this rationale in evoking other factors for women empowerment as we are comparing countries which are close economically speaking.
Our cross-national study will concentrate first on empirical and historical data illustrating the gap in women political presence between France and the Nordic countries (1). Then, we will try to sort out possible explanations for these differences that go beyond economic factors (2). Finally, it appears relevant to introduce a perspective on our subject by tackling the question of measures that aim at promoting women political representation (3).
Table of Contents
- Historical and empirical data illustrating the gap in women mobilisation
- Rokkan's model on mobilisation of women in parliamentary politics
- The main and illustrative data of women political representation in France and in the Nordic countries
- The insufficiency of economic arguments for our study
- Beyond economic explanations: alternative factors to grasp the gap
- General cultural barriers to women empowerment
- The specific religious factor in women mobilisation
- An alternative and complementary explanation: the prevalence of institutional obstacles
- The increasing importance of affirmative actions: the nordic tolerance vs. French resistance to institutional promotion of women representation
- The implementation of quotas: general
- The Nordic countries: an incremental model
- The original French parity
« African countries, there are marked differences in the Soninke were "deprived of their main source of of a traditional intermediary condition between slave and ...» Document abstract
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5 word format
Language : english
history 1789 to present
presentation
date published
17/04/2008
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level : General public
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SummarySlavery, as it is known in the United States, differs vastly in comparison to the institution of slavery in West African countries. Slavery in West Africa was, however, affected and shaped by slavery in other parts of the world. The two articles that are discussed highlight slavery, slave trading, and the effects of both on life in West Africa. In J.D. Fage’s article titled “Slavery and the Slave Trade in the Context of West African History,” Fage explores how slavery in West Africa was shaped by the Atlantic Slave Trade as well as how European slavery differed from slavery practiced in West Africa. Fage emphasizes three perspective points of view held in regard to slavery and the Atlantic Slave Trade in West Africa. The first view states that the custom of slavery was an innate and widespread establishment in West African communities, so much so that when foreigners came to West Africa with a demand for slaves, the West African communities were immediately prepared for a highly organized trade with the foreigners.
Table of Contents
- The great external demands for slave labor led to a growth in slavery and slave trading in West Africa.
- Examining evidence of whether or not the people of West Africa would have developed slavery organizations.
- The institution of slavery in West Africa differs greatly from the systems of slavery established in North America.
- One might wonder why the Soninke in particular were so involved in slave trading.
- Taking a close look at the consequences of the emancipation of the slave population is important.
- After they conquered the Americas, the Europeans resolved to find slave labor to cultivate the land.
- The Atlantic Slave Trade and the system of slavery.
« barriers such as social ties, linguistic differences or national In the end, the main challenge to nation-state is What States Make of It: Between Agency and ...» Document abstract
$9.95
11 word format
Language : english
political science
presentation
date published
20/02/2007
review : not yet assessed
level : Expert
requested 32 times
SummaryThis essay deals with one of the most controversial questions in today’s social science debates: the relationship between the nation-state and globalisation. Globalisation, understood quite loosely here as a series of contemporary and unprecedented developments in the economic, social and cultural integration of world market and societies – in other words, a general sense of the shortening of distance between here and there, us and the Other – implies a new definition of the field of social relationships, a definition that is much less centred on the national level and takes more account of the global.
In these conditions, the end of the nation-state may be at hand. According to this view, the nation-state, which has been the only entity of international importance since the Westphalia treaties of 1648, is now the subject of increasing strains. It is doomed to lose more and more of its power in the twenty-first century. In the realm of worldwide action and global participation, how can the territorially limited and ideologically outdated nation-state survive ?
One should always be cautious about seemingly-obvious statements, especially on issues of national reach. Lessons from the past show us that the nation-state has flourished from very sturdy roots, roots that have many times proven stronger than the winds of change. Still, some signs, such as the appearance of many new institutions of global governance, cannot be ignored: what scope remains for the state in the new distribution of power brought about by globalisation ?
I will attempt here to show that the most challenging aspect of globalisation for the nation-state is not economic revolution, contrary to common belief. Indeed integration of world markets adds as many opportunities for states as it does bounds to their sovereignty. Globalisation also means new forms of contacts and exchanges between cultures, making people ever more aware of global issues that concern all of humanity. I will argue that it is in this new “global consciousness” that the greatest threats for the sovereignty and legitimacy of nation-states lie, with one crucial question lying in waiting: will future globalisation be up to the challenge of democracy and accountability?
This essay will be structured around two parts. In the first one, I will tackle the still burning debate of economic globalisation and the fate of the nation-states, taking sides with those who do not want to proclaim the end of the nation-state too soon. In the second part, I will concentrate on more political and social issues, attempting in a few words to show that globalisation requires new forms of democracy that may prove a big challenge to contemporary political organisations.
In these conditions, the end of the nation-state may be at hand. According to this view, the nation-state, which has been the only entity of international importance since the Westphalia treaties of 1648, is now the subject of increasing strains. It is doomed to lose more and more of its power in the twenty-first century. In the realm of worldwide action and global participation, how can the territorially limited and ideologically outdated nation-state survive ?
One should always be cautious about seemingly-obvious statements, especially on issues of national reach. Lessons from the past show us that the nation-state has flourished from very sturdy roots, roots that have many times proven stronger than the winds of change. Still, some signs, such as the appearance of many new institutions of global governance, cannot be ignored: what scope remains for the state in the new distribution of power brought about by globalisation ?
I will attempt here to show that the most challenging aspect of globalisation for the nation-state is not economic revolution, contrary to common belief. Indeed integration of world markets adds as many opportunities for states as it does bounds to their sovereignty. Globalisation also means new forms of contacts and exchanges between cultures, making people ever more aware of global issues that concern all of humanity. I will argue that it is in this new “global consciousness” that the greatest threats for the sovereignty and legitimacy of nation-states lie, with one crucial question lying in waiting: will future globalisation be up to the challenge of democracy and accountability?
This essay will be structured around two parts. In the first one, I will tackle the still burning debate of economic globalisation and the fate of the nation-states, taking sides with those who do not want to proclaim the end of the nation-state too soon. In the second part, I will concentrate on more political and social issues, attempting in a few words to show that globalisation requires new forms of democracy that may prove a big challenge to contemporary political organisations.
Table of Contents
- Economic Globalisation and the Role of the State
- Social globalisation and new forms of democracy
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