Generally, a nation is a human community identified within often fluctuating geographical limits during the history, and whose supposed common feature is the conscience of a membership of the same group.
The concept is rather close to that of Peuple, but often adds the idea of government (wished, autonomous or independent). The concept of nation is thus more political than that of people. Are thus a nation “the whole of the people born or naturalized in a country and alive under the same government”. “Of the whole of the citizens considered as component a social body distinct from the government is also said which governs them”. It is however sometimes used without any political connotation (existing or wished), in total synonymous with Peuple: one thus speaks about Indian nations, for example, or of holy Paul like “apostle of the nations”.
For the the Petit Robert , a nation is “a human group constituting a political community, established on a definite territory (…) and personified by a sovereign authority”.
For the dictionary of the French language, the nation is a “Whole of people living on a common territory, conscious of its unit (historical, cultural, etc) and constituting a political entity”.
With the modern direction of the term, “Nation” has a significance with dominant policy. A nation is on the one hand a state (as in the expression “United Nations”), and on the other hand people having the political objectf to maintain or create a state. In this second significance, a nation is in practice people of which a part at least of the members has nationalist objectives .
It is noted that groups not profiting from an organization in state are defined however as a Nation, with the objective to constitute a State, or at least an autonomous political structure. The Jewish nationalists , Corsican, Basques, Scottish, Algerian or Québécois thus asserted a State for their population of reference, some ending up obtaining it.
To justify their will to obtain a specific state, the groups being defined as nation often tried to define this one by historical criteria preexistent in the political entity which they wished to create, and justifying it.
There exist two principal steps: an “objective” approach, defended for example by the philosopher Johann Gottlieb Fichte a nation must have objective characteristics: language, religion, culture, history, differentiating it from the other nations. Another approach, known as “subjective”, insists on the other hand on the will “to live together”, the nation being consequently the result a subjective act of autodéfinition. It is thus the vision of Ernest Renan.
For the approach based on the objective criteria, those are:
Following the revolution, nationalism will be spread through Europe, then throughout the world, as an ideology aiming at establishing specific states for specific people, which was generally private. The first active nationalisms in first half of the XIXe century were:
As from the XXe century, under the influence of the European ideas on the nation, and in reaction to colonialism, the colonized populations of the colonial empires organize themselves in nationalist movements, asserting the statute of nation for their people, and the political structures autonomous or independent.
After the end of the Decolonization, successes of the nationalists of the Tiers-monde encourage the development of the national idea in the western world. Political organizations and cultural promote a new wave of nationalism then, defining the population to which they belong like nation and claim independence. More or less influential, these nationalism (sometimes going back to the XIXe century, like the Nationalisme Basque, but which develops a new strength) touch areas profiting from a certain religious particularism, historical or linguistic. They are nationalisms Corsican, Québécois, Breton, occitan, Basque…
The nation heard within the meaning of “people having political objectives” is less simple to define. A nation belongs indeed to the Oral tradition or written, of the feeling of membership, the agreement (or not) of the community on objectives politiques.
In this second meaning, a nation can take its roots in:
This linguistic confusion is made possible by the negation of the various nations which train French people. It starts with the French revolution which, in the famous formula of Stanislas of Clermont-Thunder, in 1789, request that one gives all with the Jews like individuals and nothing with the Jews as a Nation.
There exist various philosophical designs of the citizenship. One separates traditionally:
Historically, in Europe, few States were organized completely on the " modèle" French, Politique lies, geographically and Institution nellement according to the ideal of State-nations . Accordingly, each nation must correspond in a State, and reciprocally a State is made up only of one nation, the whole in a precisely definite territory. That, for example, induced the shift in meaning of the term Nationalité, now designating in French the national of a State and either only the member of a nation as a cultural, religious or linguistic group. By abuse language, one sometimes spoke about nation to indicate the unit made up of a human group, a territory and a State, whatever in addition brittleness of this one, as one saw with the ex- Yugoslavia.
In the rest of the world, this model, in which the nation and the State coincide, was largely copied, but there remain examples of nations to horse on several States: for example the Kurdish nation , whose geographical surface extends on the territory from the Turkey, of the Iraq and the Syria. It is even a nation without State made up.
This identification between the State and the nation runs up in more on the example of several nations made up or asserted like the Alsaciens, the Basques, the Écossais, the Québécois, the Acadien S, the Bretons, the Flemish, the Wallons and the Catalans, where a possibly significant part of the population is regarded as component of the quite distinct nations, but which do not have independent States. The democratic evolution made that many of these nations, in the democratic countries in any case, obtained a great autonomy, even were made up in federate States. A criterion essential to retain is the will of the population. But how to make sure of the reality of this will? The studies undertaken in Belgium show that there is often amabivalence on the feelings of membership. One can inform oneself of these real ambivalences in Quebec, in Flanders, in Catalonia, in Scotland… by the research undertaken on the Sentiments of membership in Belgium and Wallonia. These nationalisms of dispute can lead only through the democratic debate, which makes at the same time their force and their brittleness because, on an essential subject, engaging for length and even very long run, it is, by definition, difficult in democracy to involve a broad conviction, result often obtained in more traditional nationalisms with the favor of situation of confrontations violent one (wars, revolutions).
The last definition - a nation which is defined by the existence of the political parties and of large social organizations and/or cultural clean (like scientific media, universities, organizations, etc) allows to explain almost the totality of the nations in Europe. It is seen indeed that the Basques, the Écossais, the Québécois, the Flemings and the Catalans vote for example in great majority for political parties which theirs are clean and which are not presented in other geographical areas of the country or they live, while the Swiss ones of all the languages vote for unit parties, i.e. one does not speak (or very little) about a French-speaking Switzerland nation, and, in agreement with this definition, there do not exist clean political parties in the French-speaking Switzerland.
On the basis of the consideration which precedes, according to which “historically, in Europe, few nations on “the” French” model, the treatment of the legal question relating to the nation will follow here the logic of this model was organized completely, and thus also the chronology which saw this model being implemented in France; parallel developments with illustrations other than appropriate to the French right would be necessary.
In consideration of the French “model”, a confusion must initially be isolated: contrary to what is often believed in France, in Droit, the nation is a legal Nobody. The Moral person of public Droit international is l'" State ". In international law the number of nations of which a State can be made up is indifferent, or rather it is about a question purely Politique. One sees it well in the denomination of old the Société of the Nations which the United Nations succeeded: if the legal members of full exercise were and are the adherent States, these International organizations has as an aim the nations; the distinction of concept does not make of doubt for anybody, and UNO has by no means as an objective, neither official, nor semi-official, that the nations constitute each distinct State.
Among the European States, only some adopted during the history the " modèle" French policy of more or less forced superposition of people, nation, State, in any case in a way so pushed in the terms of their fundamental laws said if necessary constitutional laws.
Being France, the denomination of the moral person of public law is “the French State” - expression not to be confused with the juridically confusional use which was made by it at the period known as “Régime of Vichy” (see French State (Mode of Vichy)) -: when it is a question for example of condemning “France” to pour allowances, that it is in international law or internal rights for example with a private individual, it is the expression “the French State” which one finds in the jurisdictional decisions.
The République (for example) is the mode of government: always by taking France in illustration for the above mentioned historical reason, the " French Republic " is the mode of government of " the State français".
As for the " People " , in the organization of the capacities it is (in France) the concept which indicates in the name of what the Justice is returned (" In the name of the people français") ; the jurisdictional capacity is not exerted in the name of the State moral person, but directly in the name of the community in fact of the individuals who of it are amenable.
And as for the nation, it is with the constitutional direction in France the legal notion indicating in the name of what is exerted the Legislative power - from where the current denomination of the National Assembly, in the past House of Commons. Because according to the political prospect with the Frenchwoman, as an implementation with legal claim in particular by the current Constitution of the French Republic, the nation is a whole of citizens holding the political power.
But in France even, the direction of the word " nation" will be different in other legislations that constitutional: for example, within the meaning of the legislation relating to the " slandering raciale" , concept of slandering of " nation" strictly do not rest of anything on the direction but presents this term in the Constitution, and even enters in contradiction supplements with this one.
With the Canada, the Chambre of communes voted, on November 27th, 2006, with a crushing majority, in favor of a motion which recognizes that “the Québécois form a nation within linked Canada”, a step especially symbolic system but which constitutes a great step ahead for the consolidation of the feeling of the particular status of the French-speaking province. In English Canada, criticisms fused, much fearing that one does not give new weapons to the independence inhabitants of Quebec.
In its book the imaginary national: Reflections on the origin and the rise of nationalism , Benedict Anderson proposes that the State nation is something which is brought up to date to leave of a “durable illusion”, a “imagined community”. The author wonders initially: what returns possible that “of people can cross in rue, without never making knowledge, and being very of even related ones to the others” (37)? Answer: these people include themselves, the ones them others, in the same imagined form. This process of inclusion implies that they bind and the ones are related to the others by forces of coherence emotional. Which are these forces? Above all, they are ranges by the mechanisms of capitalism, of the clock, of printing works and the calendar. The mechanism which formats the State-nation, according to the author, would function about as follows: the clock and the calendar compose of the strategic reports/ratios between the emotional forces conveyed by printing works and capitalism. The clock and the calendar will make possible synchronization of the literary activities and commercial of a multitude of families and heterogeneous individuals. (Source)
“It results from this that the nation can receive very diverse significances according to those which define it and the circumstances and the medium where this definition is worked out. To show that a group constitutes a nation, one calls upon the existence of one or more following factors: the group has a common history, it has a clean identity which distinguishes it from the close groups, it is concentrated on a territory, it has a common language, religion or traditions, etc
It is not necessary however that a company has all these characteristics to be seen allotting the title of nation. Each case is one of species. Certain sociologists go even until supporting that the only decisive criterion is subjective: there would be nation when the members of a company are convinced that they take part of the same national membership. One should not confuse the nation and the State, because they are two realities distinct, one concerning the sociological field, the other of the policy. It happens that groups have advantage to associate the two terms, either to dominate a weaker group, or to give more prestige to the State. If the nation is not imaginary, it is important to remember that nationalism is an ideology, therefore doctrines formulated by individuals and groups. This is why there are no a nationalism, but nationalisms which evolve/move with time. ” Lintel-Durocher-Robert, History of contemporary volume I , Boreal Quebec Compact, 1989.
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