The Difference Context Makes: Planning and Ethnic Minorities in Northern Ireland

The ways the British planning system fosters racial disadvantage and the initiatives taken by local authorities to address such bias have been subject to a number of studies over the last 17 years. This body of research has revealed isolated examples of progressive professional practice within a general pattern of inaction and ignorance. This paper looks at how the needs of ethnic minorities have been accommodated by the planning system in Northern Ireland that has a very different institutional and political context than other parts of the UK. The nature of 'race' relations in Northern Ireland is examined and the concept of 'policy processes' is used to explain why ethnic minorities in the region face similar difficulties to those in Britain. The influence of the political and cultural context is shown to play a key role in framing the policy processes that shape patterns of discrimination. The paper suggests that a full understanding of this context is required if multiculturalism is to be fully accommodated by planning in Europe.     

A. V. Dicey and English constitutionalism

The jurist A. V. Dicey’s study of the Law of the Constitution (1885) has been since its publication the dominant analysis of the British constitution and the source of orthodoxy on such subjects as parliamentary sovereignty and the rule of law. This canonical status has obscured the originality of Dicey’s ideas in the history of legal and political thought. Dicey reworked the traditional idea of sovereignty into two separate concepts – legal and political sovereignty – in order to square the common law notion of the sovereignty of parliament with the democratic idea of the sovereignty of the people. He forged a new concept – ‘the rule of law’ – to explain the legal basis of liberty in common law countries in a manner that was both Benthamite and constitutionalist. Finally, he provided a democratic and anti-federalist rationale for maintaining the Union of Great Britain and Ireland. This majoritarian, centralist and utilitarian constitutionalism has been one of the most enduring products of Victorian scholarship. This article seeks to recover it in its original context and, in so doing, to show the value of reintegrating legal thought into the mainstream of modern British history and the history of political thought.     

Between Islam and the nation; nation-building,the ulama and Alevi identity in Turkey

This article analyses the relationship between Islam and nationalism by considering the role of the ulama in Turkey, housed within the Presidency of Religious Affairs (PRA). The ulama – religious scholars and experts of Islamic law – in Muslim majority contexts are typically closely linked with the state and play a key role in shaping the boundaries of Islam and of what is Islamically acceptable. However, this is also of consequence for the boundaries of the nation, since in Turkey Islam and nationalism has been intertwined, with Islam playing a central role in nation-building, as a basis of ethnic identity formation and a source of symbols and myths. This articles shows, firstly, that the PRA has acted as a carrier and preserver of Sunni (Hanefi) Muslim identity in continuity with the Ottoman ulama and, secondly, that it has delimited nation-building, by considering its approach to and interventions against Alevi identity.     

Zionist identity and the British Mandate: Palestine's internment camps and the making of the Western native

This paper examines the relationship between British police officers, Jewish guards, and German internees in Palestine's internment camps during World War II. Using the reports of the Jewish guards, the paper investigates the role of Western‐identified actors in the Zionist identity‐making project. The reports evince a surprising rapport between the British and their German prisoners and the mistreatment of the Jewish guards by their British superiors. The paper analyses these Jewish accounts in the context of identity‐ and ethnic boundary‐making and argues that they illustrate Zionism's intent to construct itself as a Western but noncolonial movement and Zionists in Palestine as natives but not “Orientals.” The reports also reveal a breach between the formal hierarchy—British officers, Jewish guards, German internees—and the ethnic order, which situated British and Germans at the apex and the Jews at the bottom. The paper highlights the utility of researching group‐making interactions in different contexts to develop a more nuanced understanding of identity‐making processes.     

Voting across ethnic lines in late Imperial Austria1

ABSTRACT. The Austrian party system, following the introduction of universal manhood suffrage in 1907, has conventionally been characterised as being divided along ethno‐national lines, reinforcing perceptions that politics within the Habsburg Empire was overwhelmingly driven by nationalism. However, the electoral results in a number of districts only make sense if one assumes that voters cast ballots for their alleged ethnic opponents. A systematic analysis of election results, utilising a simple process of elimination and drawing on the highly detailed statistical records available, strongly suggests that such voting was commonplace. Furthermore, alternative explanations based on differential voting qualification rates, errors in the census, and electoral fraud do not withstand close scrutiny. One must therefore conclude that although ethnic conflict did occur, it was paralleled by inter‐ethnic bargaining and compromise, thereby supporting more positive appraisals of Austrian electoral and parliamentary politics and of representative political institutions in ethnically divided societies.     

Ethnic cleansing and the formation of settler colonial geographies

Taking into account that ethnic cleansing not only undoes the legal and spatial formations within a given territory but also is a productive force aimed at securing and normalizing a new political order within a contested territory, we examine its impact on settler colonial geographies. We show that the relative completeness or incompleteness of ethnic cleansing helps shape the specific configuration of two intricately tied sites of social management – spatial reproduction and legal governance – within settler colonial regimes. We claim that complete ethnic cleansing produces a ‘refined’ form of settler colonialism resembling the colonial geographies of North America and Australia and is more readily normalized, while incomplete ethnic cleansing produces an ‘intermediate’ form of settler colonialism similar to the colonial regime in Rhodesia before the settlers lost power and is impossible to normalize due to a series of contradictions stemming from the presence of the ‘indigenous other’. To uncover this less acknowledged feature of ethnic cleansing we compare two territories that were colonized by Israel during the 1967 War: the Syrian Golan Heights and the Palestinian West Bank.     

Christian-Muslim Marriage and Cohabitation: An Aspect of Identity and Family Formation in Nineteenth-Century Cape Town

Nineteenth century Cape Town – Mother City of a ‘Christian’ colony within the British Empire – became the home of an expanding Muslim community which, at its peak, numbered a third of the town's population. Islam had arrived at the Cape by a variety of means. Most of those who were attracted by that faith were slaves or, post-emancipation (1834) and apprenticeship (till 1838), the descendants of slaves. The slaves' exclusion from legal marriage until shortly before abolition had profound consequences for family life – notably, respecting out-of-wedlock births – which the state and the Christian churches attempted to address. In that environment the Muslim family, though on religious terms a thing apart, was often perceived as a model of stability; less acceptable were Christian-Muslim interactions when they entailed the formers' apostasy. This article investigates Cape Town's post-emancipation underclass through the lens of Christian-Muslim unions. It focuses on family life and the status of children born of marriages which, though binding on the parties thereto, did not legitimise their offspring. Equally it traces steps whereby an urban populace, which had been deracinated by slavery, forged new identities. In that development, the manner in which Muslims and Christians mingled, yet remained discrete, played an important part.     

Impersonating a Voter: Constructions of Race,and Conceptions of Subjecthood in the Franchise of Colonial New South Wales,c. 1850–1865

ABSTRACT

This article investigates the treatment of Aboriginal Australians as politically entitled subjects within New South Wales during that colony's first elections under ‘universal’ male suffrage. Using the case of Yellow Jimmy, a ‘half-caste’ resident prosecuted for impersonating a white settler at an election in 1859, it examines the uncertainties that surrounded Aboriginal Australians’ position as British subjects within the colony's first constitutions. By contrast to the early colonial franchises of New Zealand and the Cape – where questions of indigenous residents’ access to enfranchisement dominated discussions of the colonies’ early constitutions – in the rare instances in which indigenous men claimed their right to vote in New South Wales, local officials used their own discretion in determining whether they held the political entitlements of British subjects. This formed a continuity with the earlier treatment of Aboriginal Australians under settler law, where British authority and imperial jurisdiction was often advanced ‘on-the-ground’ via jurists and administrators rather than via the statutes or orders of Parliament or the Colonial Office.     

Nationalism or ‘Tribalism’: The Evolution of Cape Afrikaner Ethnic Consciousness in the Late Nineteenth Century

Abstract. This article seeks to explore the evolution of the ethnic consciousness of the Afrikaners in the Cape Colony at an initial and crucial stage. The colonial Cape Afrikaners are treated as a core community, distinguished from Afrikaner communities in other states in South Africa. It is argued that their collective consciousness was shaped primarily by their core colonial experience rather than by their ethnocultural commonality with the other diaspora Afrikaner communities. Having been socialised into the British colonial state, they have evolved a collective consciousness premised on neither ethnic self-determination nor ethnic exclusiveness. Correspondingly, their political outlook incorporated both British imperialism and Cape white multi-culturalism. They were mobilised ethnically to secure their share in the spoils of the British colonial state rather than to attain ethno-nationalist goals.     

Varieties of nationalism in the political discourses of Habsburg Austria

Nationalism in the Habsburg Empire is traditionally viewed through an ethnic lens. Despite a growing literature on ‘national indifference’ that studies nationalism in Habsburg central Europe from a constructivist perspective and advances our knowledge concerning variations in national identifications, the nationalism implied in these works remains largely limited to an exclusionary ethnic type. This reductionist view of central European nationalism mirrors the traditional dichotomy of ethnic ‘Eastern’ versus civic ‘Western’ nationalism. In order to avoid this reduction, this article approaches nationalism as a thin-centred ideology and explores varieties of nationalism in Habsburg Austria during the long 19th century. Although certain ideational paths made ethno-nationalism appear, retrospectively, as a quasi-natural feature of central Europe, the findings show that there developed rival discursive traditions of nationalism and competing representations of nation.     

Indigenous Legal Principles: A Reparation Path for Canada’s Cultural Genocide

ABSTRACT

This article argues that Canada’s justice system and the lawyers that operate within it are ill prepared to comprehend or reconcile the relationship between colonial legal systems and indigenous systems of law. They do not get training in indigenous law, so vital to crafting appropriate reparations for the wrongs justified by colonial practices and prejudices, and that could open doors to reconciliation and healing. The example used in this article to illustrate how the two systems of law could successfully interact is the historic Indian Residential School Settlement – the largest settlement in Canadian history, almost entirely based on Indigenous law and legal theory, and harmonized in part with principles of the common law of tort. The Indian Residential School Settlement proves that in post-colonial societies western frameworks lack the tools necessary to remediate injuries motivated by systemic discrimination, which, in this case, was cultural genocide. Different perspectives and legal theories are necessary to craft appropriate reparations and the processes used to achieve them. Unless indigenous laws, traditions, and practices are central to the design and implementation of reparations, state responses to the cultural genocide perpetrated against indigenous peoples in Canada will not open pathways to either healing or reconciliation.     

Imperial nostalgia: mythologizing Habsburg Trieste

This article reviews three recently published books on Habsburg Trieste, inquiring into the reasons for increased interest in this topic. The author suggests that this represents a type of 'imperial nostalgia' for the world we have lost, in particular for a political experiment in religious and ethnic diversity (as embodied by the flourishing of imperial Trieste's Jewish community) outside of the nation-state form. This nostalgia, in turn, reflects current concerns with identity, including scholarly attempts to theorize the contemporary situation in which the power of the nation state has been transformed. The analysis reveals that certain authors misread the realities of imperial Trieste through the lens of contemporary meanings of cosmopolitanism and tolerance. As an alternative, the article sketches out what the 'actually existing cosmo­politanism' of the Habsburg city consisted in.     

Tracking local dwelling changes in the Chittagong Hills: perspectives on vernacular architecture

Historically, geographers, anthropologists and colonial British administrators (1860–1947) frequently mentioned two ethno-geographical categories – khoungtha and toungtha – when referring to the tribal groups in the Chittagong Hills of Bangladesh. Some of these early works considered the livelihood patterns of these groups and the nature of their social and economic interactions. However, a discussion of the changes to their vernacular built environment has escaped any serious investigation. Using empirical findings, this article examines the changes to architectural practices of lowland and highland groups in the socially and ethnically complex region of the Chittagong Hills. Narrowing the discussion to the toungtha Mru ethnic group, this article also examines religious patterns, building techniques and spatial changes in a remotely placed, relatively inaccessible part of the hills where the built environment is still a strong cultural priority.     

The Sultan's Domain: British Cyprus' Role in the Redefinition of Property Regimes in the Post-Ottoman Levant

This article argues that property law is the main means through which Britain built its imperial sovereignty on Cyprus and in the post-Ottoman Levant. It charts the development of an official British expertise in Ottoman land legislation following the so-called affair of the Sultan's claims to properties in Cyprus. To settle this matter in the island which they had obtained to ‘occupy’ and ‘administer’ through a treaty with the Sublime Porte, colonial authorities were compelled to become conversant with the 1858 Ottoman Land Code. Hence, the article argues that because of its ambiguous status – a province occupied and administered by Britain but under the nominal suzerainty of the Sultan from 1878 to 1914 – Cyprus, as the first Ottoman territory to pass under direct Western rule, played a decisive role in the elaboration of a colonial knowledge in Ottoman land laws. And this, despite long-standing economic and political ties between Britain and the Ottoman Empire and exposure to other settings where layered land tenure systems prevailed. Published in treatises authored by British administrators of Cyprus, the legal expertise in Ottoman land law thus acquired was then transposed to other territories which passed under British rule, such as Palestine.     

‘More Hateful because of its Hypocrisy’: Indians,Britain and Canadian Law in the Komagata Maru Incident of 1914

Recent remembrance and memorialisation of the Komagata Maru incident of 1914 has neglected the global and imperial implications of the incident, as well as the role that direct actions by the Indian passengers and Indians in Vancouver took against Canada’s discriminatory law. While the legal loss the passengers suffered could be regarded as simply tragic, the implications for the British Empire behind the Komagata Maru incident are more complex. More than just a legal battle between would-be Indian migrants and the Vancouver immigration authorities, the incident is a highly visible clash of two different understandings of the British imperial legal system. In contrast to any view that imperial harmony and the rights of all its subjects should supersede local concerns within the empire, Canadian immigration and legal officials instead viewed their rights as a self-governing dominion to make and pass their own laws (particularly around areas of racial desirability) as more important than issues of imperial membership, loyalty or harmony. The British government’s decision, in turn, not to contradict Canada’s eventual ruling against the Komagata Maru passengers and the decision to deport them, exposed the legal hierarchies of supposed imperial belonging, citizenship and ‘British liberty’ in the empire at a critical moment in the early twentieth century. What the incident highlighted, then, was an increasing legal distinction between settler colonies and colonies of exploitation within the empire.     

A Matter of Judgment: Politics,Law and the Trial of Bishop Thomas Watson

Thomas Watson's controversial expulsion from the bishopric of St David's – and hence from the house of lords – after a long and bitterly‐fought series of legal actions, raised fundamental and difficult questions about the right to control membership of the house of lords and about the relationship between politics and the law, as well as between church and state. This article explores both the local and the national political contexts that prompted Watson's ordeal, suggesting that subsequent demonisation by Gilbert Burnet has obscured the extent to which Watson was the casualty of William III's determination to cow his political opponents. It concludes that Watson was marked out for opprobrium precisely because, like Sir John Fenwick, his political and social insignificance enabled him to be victimised without risking a backlash of opposition from the social and political elite.     

Nationalism,international factors and the ‘Irish question’ in the era of the First World War

Abstract. The ‘Irish question’ encompassed negotiations leading to the partition of Ireland in 1921. The paper considers factors that contributed to the growing tendency for the major players involved in the struggle – Irish nationalists, unionists and British officials – to adopt postures that were mutually irreconcilable. Conceptualising the problem in terms of Rogers Brubaker's ‘triadic nexus’ model of nationalisms reveals that the rigidity was encouraged by the dynamic interaction of nationalist representations employed by the three parties in response to the postures adopted by their rivals. Further, international factors – specifically, the prevailing international definition of nation and the position taken by the authority in place to adjudicate claims of nationhood – combined with regional pressures to consolidate Irish, Ulster and British nationalisms in such forms that militated against a compromise solution. By amending Brubaker's model to include international as well as regional forces, the analysis shows how understanding of the Irish contest can be enhanced if conceived as issuing from the continuous and reflexive interaction of three distinct nationalisms with and within an international context that itself was structured with respect to questions of nation.     

‘The Laws of his Own Country’: Defamation,Banishment and the Problem of Legal Pluralism in the 1820s Cape Colony

In 1824 the Cape colony was rocked by three criminal libel trials brought by the colonial administration against settlers who had criticised its officials. To further silence their critics, a recently established colonial newspaper was suppressed and an order banishing its editor was issued by executive decree without judicial process. While these actions are well known to historians of South Africa, the important legal and constitutional issues they raised have not been properly recognised. In tracking the controversy that these trials unleashed in London, Cape Town and other colonial localities, this article argues that these events must be situated within a broader crisis of legal pluralism playing out within the British Empire. The confusion between English and Dutch law highlighted by these cases and their aftermath reveals constitutional debates that underscore the deep contingency of conquest law at a highly unstable legal and political moment. The political disputes inspired by these actions demonstrate that conflicts between variants of European law need to be more clearly recognised as instrumental to the strengthened implementation of British imperial legal hierarchies in colonial localities through the 1820s and 1830s.     

‘An Obstacle,though not a Barrier’: the Role of International Law in Security Planning during the Pax Britannica

This article explores the role of international law in nineteenth-century British security planning, arguing that statesmen believed law could only influence state conduct rather than determine outcomes. As a result, statesmen crafted agreements to exploit the possibilities of international law while recognising its limitations. The article explores the functions of law, providing examples of how diplomats employed law to increase predictability in interstate relations, signal national interests, and strengthen mutual interests between countries. However, the role of war in the international legal system exposed flawed assumptions about the future of war, limiting the effectiveness of law.     

'Euroscepticism', Political Agendas and Spatial Planning: British National and Regional Planning Policy in Uncertain Times

Over the last 10 years, European Union interest in planning has increased significantly. Although land use planning remains a function of each member state, the legal obligations imposed by the EU in the fields of environmental law, structural funds, the Common Agricultural Policy, and Trans-European Transport Networks, have all impacted upon the context of the operation of the British planning process. Many of the EU initiatives have had to be transposed into domestic legislation, while others form an important-if oft-times uncertain-framework for British policy-makers. This paper examines the relationship between the European Union's policies and initiatives as they have potentially impacted upon the British planning system and the contents of Britain's national and regional planning policy guidance to local planning authorities in the assessment period 1988-1997. But the Conservative governments adopted a 'Eurosceptic' approach to their relations with Europe and, as demonstrated within this paper, also towards spatial planning issues that caused uncertainty in practice. The research indicates that although the EU has impacted upon British planning, particularly at the local level of government, this has not been reflected at the national and regional levels in planning policy documentation, mainly because of the 'Eurosceptic' attitude of the government. Policy-makers at both the national and regional levels in England, Scotland and Wales are now recognizing the need, however, to keep apace with changes occurring simultaneously with regard to enhanced European integration, and the approach of the Blair government since 1997 has re-focused the relationship between the EU and UK over spatial planning.