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Secession in the Formal-Legalist Paradigm - Implications for Contemporary Revolutionary and Popular Movements in the Age of Neoliberal Globalization (Hardcover, 1st ed. 2021)
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Secession in the Formal-Legalist Paradigm - Implications for Contemporary Revolutionary and Popular Movements in the Age of Neoliberal Globalization (Hardcover, 1st ed. 2021)
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This book explores how formal-legalism, as the dominant paradigm of
explanation, has sought to explain the phenomenon of secessionism
among its practitioners as a problem for the modern state. This
study bears how these practitioners have, over time, described,
defined, and proposed to solve secessionism and related political
problems within the logic of their paradigm. In the process, the
book reconstructs the formalist worldview and the practitioners'
fundamental presuppositions which, to them, render comprehensible
and meaningful the occurrence of events, like secession, as well as
means of dealing with it. More significantly, the book exposes a
debilitating flaw of formal-legalist paradigm as it fails to
account for other principles of mobilization in political and
social life that defy formal-legal rules such as those based on
race, ethnicity, language, culture, and material factors. Narrow
adherence to textual sources and the literal approach, have led
formal-legalists to miss, willfully ignore, or endorse the
paradigm's strategic association with state power, evolving since
the dawn of the Enlightenment. Formal-legalism has lent itself
amenable to the interests of the state and to the variable
construction of the meaning of the law devoid of original spirit
and universality but conforming with the specific interests of the
state or, for that matter, the prevailing American empire, both
spatially and temporally. Accounting for this anomaly, the
historical materialist perspective is considered, with appropriate
historical and contemporary illustrations, as a relevant
explanatory alternative to the now-obsolescent formal-legalist
paradigm. With the assumption that, indeed, economic and material
considerations such as those demanded by the dominant class
elements within the state underlie the rationale for the state,
formal-legalism has evolved from one that initially provided a
presumed objective view of society to one that has subjectively
become an essential part of the cultural suprastructure that allows
these elements to command the state as a principal tool for labor-
and value-extraction during what is popularly known as contemporary
neoliberal globalization.
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