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This chapter discusses the contested place of the Declaration of Independence in black political thought. As a document that provided a rationale for American independence, the Declaration of Independence in its own way also provided one for black political equality in the United States. This tension between intention and interpretation has made the Declaration stubbornly immune from attack by black intellectuals, politicians, and movement leaders. With rare exception, the Declaration has been attacked mostly for its exclusivity, not its content or core ethos. Even Critical Race Theory’s (CRT) modest dissent from the Declaration has been limited in its ability to transform the persistence of black support for it, making arguments for CRT’s abandonment of America’s founding principles ring hollow. Instead, the history of black political thought from Frederick Douglass to W. E. B. Du Bois to Kimberlé Williams Crenshaw, stands squarely on the side of the Declaration’s essential truths, while admonishing America’s enduring failure to live up to them.
The scholarly discussion of Kant’s republicanism focuses heavily on his ‘negative’ conception of freedom: independence or not being subject to another master. What has received much less attention is Kant’s ‘positive’ conception of freedom: being subject to one’s own legislation. This chapter argues that Kant’s positive conception of external freedom plays a crucial role in his Doctrine of Right: external freedom in the negative sense (mutual independence) requires and is realized by freedom in the positive sense (joint self-legislation). After first discussing the ‘innate right to freedom’, it is shown that, on Kant’s account, this fundamental right is realized fully only when external freedom is realized in both senses and in all three spheres of public right. Any satisfactory account of Kant’s republican theory must complement the focus on independence with an emphasis on citizenship and joint self-legislation.
This chapter explores how the Declaration of Independence was drafted and ratified. Congress created and assigned the task of drafting a declaration of independence to a committee of lawyers. When the draft went to the Congress, lawyers like Edward Rutledge had their chance to weigh in. The draft document and the final version was a legal document designed to place rebellion on a legal foundation. Jefferson later recalled that his draft of the Declaration of Independence merely recombined ideas that had long been discussed, and terminology long adopted, by Congress. The Declaration assumed independence, otherwise it would have had no foundation. Following this logic, as the members did, surely Jefferson among them, the Declaration was simply stating the reasons – a justification like the Declaratory Act of 1766, by which Parliament explained its authority over the colonies – for an event already transpired. The ringing elaboration of the rights of mankind, various borrowings from John Locke, echoes of natural law, and the language of prior resolves and declarations were not really pertinent to a declaration for the independence of a continent, but make sense in the more limited framework of Virginia constitutional change.
This chapter traces the progression of nationalist writing in Wales and Scotland from the Popular Front fiction of the 1930s through to the devolved nations of the twenty-first century. Raymond Williams’s changing position on the nationalist question is charted and related to the work of the political theorist Tom Nairn. Williams is further analysed in the second half of the chapter as an indicative case study of a creative writer who drew on the legacy of the 1930s writers in order to tackle the centralist tendencies of English literature. In the process, Williams himself became a protagonist in the devolution struggle and is portrayed as such in John Osmond’s Ten Million Stars Are Burning (2018). The chapter concludes by discussing why documentary approaches, such as Osmond’s novel and James Robertson’s And the Land Lay Still (2010), are important to the fictional representations of the struggle for Welsh and Scottish independence.
This introduction provides an overview of the theories and methodologies necessary to reveal the social, economic, and political lives of Afro-descended Mexicans after the abolition of slavery and caste. Beginning with the cofradía del Rosario in what is now Morelia, it sets the stage for the collection by showing how references to Afro-descended communities continued after independence in 1821. The introduction argues that the limited sources about Afro-descended Mexican citizens do not preclude the study of these communities after emancipation. Instead, it requires careful, often against the grain, readings of racial identities as well as of individual and collective agency, historical themes related to slavery and freedom that are better known in the colonial period. Ultimately, the introduction attempts to provide a roadmap for future studies into the history of Afro-Mexicans in the nineteenth century.
After gaining independence in 1821, the Mexican government passed laws that abolished the transatlantic slave trade to Mexico in 1824 and the institution of slavery in 1829. While these dates are concrete, the process and implementation of both laws entailed more complexity than these firm dates suggest, and created real and perceived consequences for inhabitants in Mexican territories. This chapter argues that abolition was a contentious social and political process that placed settlement, citizenship, and freedom at the forefront of discussions for the nascent nation in the 1820s and 1830s. The chapter also argues that the process of abolishing slavery in Mexico was steeped in colonial history and set the stage for contentious individual and collective action through the national government in Mexico City and the state/local government of Coahuila y Tejas from 1821 to 1836.
This chapter describes how the creation and functioning of the African Court on Human and Peoples’ Rights are shaped by the colonial past and its impacts on political norms and legal culture. It shows the ACtHPR’s decisions are characterized by minimal deference, as it commonly rules against states, abstains from restrictive interpretation, and issues intrusive remedial orders. The chapter connects the ACtHPR’s nondeference to its subtle political constraints. Specifically, the Court has a broad strategic space due to its relatively high formal independence and politically fragmented membership. These factors combine to enhance the Court’s legitimacy and suggest that collective state resistance is impracticable. Yet following exit from aspects of the Court’s jurisdiction, the Court defers more. The Court’s nondeference is facilitated by the Court’s practices of persuasive argumentation and public legitimation. The chapter also suggests the African Court’s support network cannot fully account for the observed minimal deference.
This chapter analyses the different procedural grounds of review and to what extent they may lead to annulment of an administrative decision by an international administrative tribunal. It shows that principles initially developed for court proceedings now play a crucial role also in administrative procedures. Although terminology and application may vary among IATs due to differences in administrative practices, there is mutual influence in their approaches.
As international courts have risen in prominence, policymakers, practitioners and scholars observe variation in judicial deference. Sometimes international courts defer, whereby they accept a state's exercise of authority, and other times not. Differences can be seen in case outcomes, legal interpretation and reasoning, and remedial orders. How can we explain variation in deference? This book examines deference by international courts, offering a novel theoretical account. It argues that deference is explained by a court's strategic space, which is structured by formal independence, seen as a dimension of institutional design, and state preferences. An empirical analysis built on original data of the East African Court of Justice, Caribbean Court of Justice, and African Court of Human and Peoples' Rights demonstrates that robust safeguards to independence and politically fragmented memberships lend legitimacy to courts and make collective state resistance infeasible, combining to minimize deference. Persuasive argumentation and public legitimation also enable nondeference.
This article suggests that the ‘self-destruct’ phase of the late-colonial state was marked by rival projects to construct a durable political settlement in the face of the divisions wrought by development initiatives and security policy. A triangular contest between outgoing colonial administrators, a new generation of educated moderate nationalists, and those the colonial state pejoratively called ‘bush politicians,’ marked the twilight years of colonial rule. As the case of Nyeri District in Central Kenya, still reeling from the Mau Mau Uprising, indicates, these conflicts regularly concerned the meaning of post-conflict justice and the terms on which a community could be reconciled. The work of the Nyeri Democratic Party is illustrative, resisting disempowerment in the transition to independence and demanding that much more be done to heal the breaches wrought by colonial violence. This period laid the groundwork for a competitive post-colonial political arena, albeit underpinned by the sometimes dangerous rhetoric of ethnic unity. Using official documents from Kenyan and British archives, especially those in the previously closed Migrated Archive, this article illustrates the mutual bargaining that formed the political settlement in post-colonial Central Kenya.
This chapter traces the historical trajectory of Algeria’s relationship with the EU from the post-Second World War period and Algerian independence, to the present. It examines key agreements and legal frameworks, shedding light on how the colonial history produced complexities in defining Algeria’s status in relation to European integration. The narrative extends to explore broader geopolitical initiatives such as the Euro–Mediterranean Cooperative Proposal, the Union for the Mediterranean, and the European Neighbourhood Policy, and assesses the effectiveness of these policies in addressing issues like migration, security, and border control. The study highlights the evolving nature of the Euro–Algerian relationship, emphasizing its multifaceted character beyond economic interests. In navigating this relationship, the analysis underscores the importance of a nuanced approach, considering the diverse interests and challenges faced by both Algeria and the European Union in the context of Euro– Mediterranean relations.
Cet article tente de mesurer les changements possibles survenus dans la structure de l’opinion publique sur la question de l’indépendance du Québec. Plus particulièrement, nous comparons deux modèles théoriques qui ont été au coeur de notre compréhension des appuis à l’indépendance, soit le modèle du choix rationnel associé aux coûts-bénéfices prospectifs de l’indépendance et le modèle socio-psychologique qui met de l’avant les griefs et revendications que le Québec ressent face au régime canadien. Notre étude permet aussi d’évaluer la pertinence de ces modèles à travers les générations entre 2014 et 2024; et de considérer de nouveaux facteurs explicatifs contemporains. Dans l’ensemble, nos résultats suggèrent une surprenante stabilité quant à l’importance des différents facteurs considérés pour comprendre les mécaniques expliquant l’appui ou non à l’indépendance du Québec. Les attitudes populistes, nativistes et autoritaristes apportent aussi un pouvoir explicatif additionnel, quoique limité.
In 1788, John Marshall made a prediction that was more prescient than he realized: The federal courts the new Constitution called for would be “the means of preventing disputes with foreign nations.” Marshall could not have known it, but for the next several decades international disputes over persons, ships, and goods caught up in maritime war would wash onto American shores, and into federal courtrooms. The courts’ decisions were essential to the United States’ emergence as a sovereign and independent nation. But preoccupation with Marshall’s famous constitutional rulings has obscured this story of judicial nation-building at sea. And while we have grown accustomed to the idea that “foreign affairs” are the domain of the legislative and executive branches, the political leaders who first tried to solve the puzzle of constitutional governance did not hew to such rigid notions of institutional responsibility. If Marshall’s legacy is the establishment of both judicial and national authority, this book shows that he and his contemporaries did so, first and foremost, at sea.
The Nation at Sea tells a new story about the federal judiciary, and about the early United States itself. Most accounts of the nation's transformation from infant republic to world power ignore the courts. Their importance, if any, was limited to domestic politics. But the truth is that, in the critical decades following the Constitution's ratification, federal judges decided thousands of maritime cases that profoundly shaped the United States' relations with foreign nations. Judges ruled on the legality of naval captures made by European powers, regulated the conduct of American merchants, and tried pirates and slave traders who sought profit amid the turmoil of transatlantic war. Kevin Arlyck's vivid reconstruction of this forgotten history reveals how, over time, the federal courts helped realize an increasingly bold conception of American sovereignty, one that vindicated the Declaration of Independence's claim to the United States' place 'among the powers of the earth.'
The last chapter offers a comparison of protest movements in the territories: some appeared to be less politically motivated and more concerned with land rights and economic grievances; other movements, such as the march in 1949 in the BVI, openly called for greater political rights and autonomy. Yet, none of the campaigns by local pro-autonomy activists managed to achieve widespread public support or electoral success. This final chapter assesses local independence groups and their political discourse. It explores their interactions with the local population, existing political structures, and regional anticolonial movements. It is inaccurate to suggest that the non-sovereign status of these territories was a result of a lack of popular protest or a total absence of nationalism. Rather, through the relationship between popular protest movements, local politics, clandestine independence activists and the response of the colonial state, no widespread call for independence emerged.
This chapter explores the newspapers anarchists used to create and disseminate an anarchist Latinidad that was a radical, transnational, anti-capitalist, anticlerical, anti-imperial, and Spanish language-based identity forged initially by US-based migrant anarchists from Spain and Cuba. Using the anarchist press in Florida and New York, anarchists rejected the importance of identifying themselves as “Spanish” or “Cuban” and instead forged a cross-border working-class identity. In creating this identity, anarchists focused on their encounters with US capitalism and republican democracy from 1886 to 1898. Such encounters conditioned their perspectives on what an independent Cuba could look like and what it should avoid. Anarchists also debated whether or not to support the Cuban War for Independence. Was it just another nationalist project that would usher in a new, exploitative ruling elite, or could an independent, non-nationalist anarchist society be constructed? These latter debates began in mid-1891– three and a half years before the mambises launched their uprising against Spanish colonialism.
In this chapter, we describe how to jointly model continuous quantities, by representing them as multiple continuous random variables within the same probability space. We define the joint cumulative distribution function and the joint probability density function and explain how to estimate the latter from data using a multivariate generalization of kernel density estimation. Next, we introduce marginal and conditional distributions of continuous variables and also discuss independence and conditional independence. Throughout, we model real-world temperature data as a running example. Then, we explain how to jointly simulate multiple random variables, in order to correctly account for the dependence between them. Finally, we define Gaussian random vectors which are the most popular multidimensional parametric model for continuous data, and apply them to model anthropometric data.
Some of the key messages of this book are reviewed here in the format of ’reminders’ to clarify the concerns of past misunderstandings and to emphasize solutions to perceived challenges. The importance of basic fundamentals, such as visual assessment, awareness of assumptions and potential numerical solutions is described and then the complementarity of the many statistics and their bases is reviewed. The exciting potential of ongoing developments is summarized, featuring hierarchical Bayesian analysis, spatial causal inference, applications of artificial intelligence (AI), knowledge graphs (KG), literature-based discovery (LBD) and geometric algebra. A quick review of future directions concludes this chapter and the book.
This chapter describes how to model multiple discrete quantities as discrete random variables within the same probability space and manipulate them using their joint pmf. We explain how to estimate the joint pmf from data, and use it to model precipitation in Oregon. Then, we introduce marginal distributions, which describe the individual behavior of each variable in a model, and conditional distributions, which describe the behavior of a variable when other variables are fixed. Next, we generalize the concepts of independence and conditional independence to random variables. In addition, we discuss the problem of causal inference, which seeks to identify causal relationships between variables. We then turn our attention to a fundamental challenge: It is impossible to completely characterize the dependence between all variables in a model, unless they are very few. This phenomenon, known as the curse of dimensionality, is the reason why independence assumptions are needed to make probabilistic models tractable. We conclude the chapter by describing two popular models based on such assumptions: Naive Bayes and Markov chains.
This chapter discusses how to build probabilistic models that include both discrete and continuous variables. Mathematically, this is achieved by defining them as random variables within the same probability space. In practice, the variables are manipulated using their marginal and conditional distributions. We define the conditional pmf of a discrete random variable given a continuous variable, and the conditional probability density of a continuous random variable given a discrete variable. We use these objects to build mixture models and apply them to model height in a population. Next, we describe Gaussian discriminant analysis, a classification method based on mixture models with Gaussian conditional distributions, and apply it to diagnose Alzheimer's disease. Then, we explain how to perform clustering using Gaussian mixture models and leverage the approach to cluster NBA players. Finally, we introduce the framework of Bayesian statistics which enables us to explicitly encode our uncertainty about model parameters, and use it to analyze poll data from the 2020 United States presidential election.