This thesis proposes a legal and organizational approach to better understand processes of modernisation and the emergence of nationalist conflict. Theories of nationalism tend to be significantly influenced by state-centred and rather abstract positivist interpretations of law. Legal perspectives that have proposed understating law in relation to findings developed through the empirical study of law, such as legal realism or legal pluralism, have questioned positivist conceptions of law, emphasising the historical processes that created such conceptions of law, and the relationship between legal praxis and conceptions of society. Presumptions about personhood and society such as those influencing nationalist conflict may not be unrelated to legal existence and legal practice. Social actors’ interpretations of law, and the capacity of social authorities to mobilize human and material resources in defence of certain conceptions of law, may have been able to influence legal and political histories of European states, as well as the national or regional identities that would develop in relation to legal recognition and legitimate exercise of types and degrees of social powers. The historical study of Spanish and Basque nationalisms, although generally involving constant references to law – especially to constitutional law and to the fueros – tends to overlook the influence that social actors’ perceptions of legal order may have had in shaping the emergence of nationalist conflicts. Often, the focus is directed towards factors related to ethno-linguistic features or political ideologies. This thesis studies a historical puzzle, one that appears to have been influenced by legally defined entities, that have influenced the legal and political history of the state, and that may have influenced the development of a Basque-Spanish nationalist conflict: the different jurisdictional and ideological paths followed by key social majorities in Navarre and Euskadi between 1876 and 1936 after at least a century of displaying a rather similar position in regards to the state.

While political parties in Europe are incredibly adaptable organizations, they have varied in the extent to which they are able to adapt to social and political transformations. I explain parties' adaptability in two steps. 1) Adaptability depends on factionalism in a nonlinear way. Giving too much room and no room at all to factions undermines a party's ability to adapt. 2) Factionalism depends on early organizational characteristics. The more centralized the initially introduced leadership selection process is, the more party elites will be incentivized to form factions. This argument applies to political parties that allow for internal competition and elect their leaders according to formal rules. I use statistical tools, a medium- and small-N analysis and systematic process tracing to test my framework against competing explanations. I focus on Christian democracy to use a most-similar system design. The main empirical part of the thesis relies on a structured focused comparison of the Italian DC, Austrian ÖVP and German CDU. It is guided by a nested analysis and builds on a large amount of primary data which has not been analyzed before. I test my theory on the additional cases of the Portuguese, Dutch and Luxembourgian Christian Democrats and the French MRP. My main finding is that early organizational choices matter. The initial form the leadership selection process takes has a decisive impact on the incentives of intra-party actors to form factions. The initial level of factionalism becomes deeply entrenched in the party's organization and internal code of practice. This explains why party elites are unlikely to change it when they realize that their party's level of factionalism undermines its adaptability. Moving beyond the focus of path dependence on a single level has thus important implications for the literature on party politics, factionalism, party organizations and institutional development.

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Comment expliquer le changement dans les politiques culturelles au Mexique et en Argentine ? À travers une analyse comparative historique, cette thèse rend compte de l'émergence, de l'institutionnalisation et de l'évolution de l'action publique dans le secteur de la culture dans ces deux pays latino-américains, entre 1983 et 2009. Elle s'intéresse aux changements qu'ont entraînés les processus de décentralisation, de trans-nationalisation, et d'inclusion du secteur privé (marchand et associatif) dans les politiques culturelles argentine et mexicaine. L'hypothèse principale de ce travail est que l'on peut appréhender les dynamiques du changement dans ces politiques culturelles en prenant en compte les « contextes » socio-économiques et politiques du Mexique et de l'Argentine, et en mobilisant quatre dimensions d'analyse : les acteurs, les représentations cognitives, les cadres institutionnels et les instruments d'action publique. Cette étude comparative combine à la fois une analyse néo-institutionnaliste et cognitive du changement. / How should we explain change in cultural policy in Mexico and Argentina? Through a comparative historical analysis, this thesis shows the emergence, institutionalization and evolution of the cultural sector's public policy in these two Latin American countries, from 1983 to 2009. It addresses the changes induced by processes of decentralization, transnationalization and the rise of the private sector (both profit and non-profit) in Mexican and Argentinean cultural policy. The central hypothesis is that dynamics of change in cultural policy may be understood by taking into account these two countries' socio-economic and political "contexts", and by drawing on four analytical dimensions: actors, cognitive representations, institutional frameworks and public policy instruments. This comparative study thus combines a neo-institutionalist and cognitive analysis of change.

Existing scholarship suggests terrorism is an ineffective method of political contestation; groups rarely achieve their political objectives and are often disrupted by the security services. These findings invite us to look again at the dominant rational choice paradigm, which suggests that terrorism is selected as the best strategy to achieve predetermined goals. Unpicking the assumptions underpinning this model using historical case studies, comparative analysis and typology development, this thesis broadens our interpretation of what those who use terrorism seek to achieve. It does so via a tripartite framework. First, employing a new reading of American pragmatist thought, interpreting militant group goals as culturally and socially mediated problems opens up a new vista of outcomes, in particular examining the way terrorism seeks to change relations between people. Second, using Social Movement Theory as its organising framework, an empirically derived typology of militant groups sets out the background political conditions and organisational characteristics of 28 dormant groups. Using existing models of interpreting outcomes to assess these historical cases demonstrates the unmet challenges of providing robust explanations for why terrorism ends and what it achieves. Third, the thesis explores the promise of a mechanism and process-led approach to explaining outcomes. It does so through in-depth examination of two historical case studies: Kach and the Aden-Abyan Islamic Army. Despite being classified as failures, using largely neglected primary sources, the case studies reveal a range of fascinating and important outcomes that still resonate in Israel and Yemen today. Most of these methodological and conceptual tools are being applied to the question of terrorism's outcomes for only the first or second time. In doing so, this thesis offers greater depth than existing scholarship on how terrorism ends, by looking beyond measures such as success and failure in interpreting outcomes, whilst affording greater breadth through its ability to make comparative assessments at the level of mechanisms and processes. The result is a more detailed and robust set of explanations as to how terrorism ends and what it achieves, illustrated through detailed historical case studies of two interesting, yet often neglected, groups.

Korea and Japan stand out in the group of OECD countries for their rapid increase in, and high levels of, non-standard employment. The empirical evidence leads us to a two-part puzzle: Why are there so many precarious workers in Korea and Japan? And what are the institutional determinants of such labour market risks? This thesis commences by introducing the concept of 'risk shift', and the fuzzy-set ideal type approach is employed to conduct a comparative study of 18 countries. The labour market risks in Korea and Japan are then compared in an international context with 16 selected OECD countries. Fuzzy-set Qualitative Comparative Analysis is employed to investigate the institutional determinants of labour market risks. It then focuses on the increase in non-standard employement in Korea and Japan. Taiwan is also included as a contrasting case, the study taking an institutional approach employing Comparative Historical Analysis. Chapters employing CHA examine how the different welfare production regimes evolved and how they matter in explaining the high rate of non-standard employment in East Asia. The new risk discussion, the argument on the definition and impact of deindustrialization and lastly theories on East Asian welfare states are revisited in the conclusion of this thesis. Finally, I critically discuss the notion of precarious workers and highlight the centrality of social policy that their organizational configuration affects political culture, the formation of the production system, the structure of the labour market and the kind of risk a country could experience.

Submitted by Renata Lopes (renatasil82@gmail.com) on 2017-05-17T17:34:53Z No. of bitstreams: 1 juliocesarcoelho.pdf: 2714643 bytes, checksum: 9bdaf694f058128655dd58d0cf5e718e (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2017-05-18T11:36:50Z (GMT) No. of bitstreams: 1 juliocesarcoelho.pdf: 2714643 bytes, checksum: 9bdaf694f058128655dd58d0cf5e718e (MD5) / Made available in DSpace on 2017-05-18T11:36:51Z (GMT). No. of bitstreams: 1 juliocesarcoelho.pdf: 2714643 bytes, checksum: 9bdaf694f058128655dd58d0cf5e718e (MD5) Previous issue date: 2015-12-17 / A tese discorre sobre a regulação democrática da radiodifusão, abordando sua dimensão normativa e trajetória histórica. No primeiro caso, são cotejadas diversas formulações da teoria democrática, que assinalam as exigências de consentimento expresso no pacto que institui a ordem política, de garantia de expressão das diferentes alternativas e de definição de mecanismos que assegurem a correção de desigualdades em benefício de setores menos favorecidos, avaliando suas implicações para a regulação do sistema de radiodifusão. Em seguida, são consideradas as trajetórias do Reino Unido e dos Estados Unidos, tomados como paradigmas de duas abordagens regulatórias, respectivamente a que trata a radiodifusão como serviço público e a que a toma como utilidade pública. Por fim, são analisadas as trajetórias da Argentina e do Brasil, países nos quais se erigiu um sistema de comunicação social oligopolizado, não obstante mudanças recentes. A análise de tais trajetórias é efetuada considerando a existência de quatro grandes períodos à escala global no desenvolvimento da radiodifusão no decorrer do século XX e no início do século em curso: a) Formação e definição (1910-1945); b) Expansão, consolidação e acentuação da regulação pública (1946-1973); c) Advento e afirmação do neoliberalismo e impulso para desregulação (até o fim da década de 1990); d) Desafios regulatórios das novas mídias: um novo período em gestação? (2000...). São tomadas como variáveis analíticas, o contexto internacional, o desenvolvimento das tecnologias de comunicação, a participação da iniciativa privada no setor comunicacional e as características do sistema político, de modo a explicar os processos de definição das configurações institucionais de regulações existentes nos países focalizados. Sustenta-se que a regulação democrática dos meios de comunicação, especialmente da radiodifusão, é requisito fundamental para o direito à comunicação e condição para que se fortaleçam interações entre os cidadãos capazes de acentuar sua confiança recíproca e nas instituições, sustentando e conferindo eficácia à ordem democrática. / The thesis discusses broadcasting democratic regulations, addressing their normative dimension and historical trajectory. In the first case, it collates various formulations of democratic theory, highlighting the express consent required to define the political order, the importance of the expression of different alternatives in the political process and the need to define mechanisms to ensure the correction of inequalities for the benefit of disadvantaged sectors, assessing their implications in the broadcasting system regulations. Then, it analyzes the trajectories of the United Kingdom and the United States, taken as paradigms of two different regulatory approaches, respectively dealing broadcasting as a public service, and alternatively, as a public utility. Finally, it addresses the trajectories of Argentina and Brazil, countries where was erected oligopoly media systems, despite the recent changes. The analysis of such paths is performed considering four major periods on a global scale in the broadcasting development in the 20th century and at the beginning of the current century: a) Formation and definition (1910-1945); b) Expansion, consolidation and accentuation of public regulation (1946-1973); c) Advent and strengthening of neoliberalism and the push for deregulation (until the end of the 1990s); d) Regulatory challenges of news media: a new period in progress? (2000…). We considered as analytical variables the international context, the development of communication technologies, the participation of private companies in the communication sector and the characteristics of the political system, in order to explain the definition processes of the institutional settings in the existing regulation in the targeted countries. This thesis maintains that the democratic regulation of the media, especially broadcasting, is a fundamental requirement for the communication rights, and condition to strengthen interactions between citizens able to enhance their mutual trust and in institutions, supporting and giving effectiveness to the democratic order.