The Cosmopolitan Constitution

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The Cosmopolitan Constitution

Author : Alexander Somek
ISBN : 9780199651535
Genre : Law
File Size : 67.51 MB
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This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks the advent of the cosmopolitan constitution.
Category: Law

Grounding Cosmopolitanism

Author : Garrett Wallace Brown
ISBN : 9780748640928
Genre : Political Science
File Size : 78.9 MB
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In a new interpretation, Garrett Wallace Brown considers Kant's cosmopolitan thought as a form of international constitutional jurisprudence that requires minimal legal demands. He explores and defends topics such as cosmopolitan law, cosmopolitan right, the laws of hospitality, a Kantian federation of states, a cosmopolitan epistemology of culture and a possible normative basis for a Kantian form of global distributive justice.
Category: Political Science

A Cosmopolitan Legal Order

Author : Alec Stone Sweet
ISBN : 9780198825340
Genre : Law
File Size : 80.19 MB
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In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part IIapplies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of theirjurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience,and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, theStrasbourg Court is the most active and important rights - protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
Category: Law

The Oxford Handbook Of The Indian Constitution

Author : Sujit Choudhry
ISBN : 9780191058622
Genre : Law
File Size : 61.70 MB
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The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
Category: Law

Transnational Law

Author : Miguel Maduro
ISBN : 9781139952330
Genre : Law
File Size : 22.49 MB
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In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.
Category: Law

The Cosmopolitan

Author :
ISBN : CORNELL:31924065611190
Genre : American literature
File Size : 69.39 MB
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Category: American literature

Intimations Of Global Law

Author : Neil Walker
ISBN : 9781316195703
Genre : Law
File Size : 29.51 MB
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A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.
Category: Law

The State And Cosmopolitan Responsibilities

Author : Richard Beardsworth
ISBN : 9780198800613
Genre : Cosmopolitanism
File Size : 44.18 MB
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This book investigates the potential role that states can play in cosmopolitan thinking and how states could be agents for the advancement of cosmopolitan responsibilities. In doing so the book seeks to investigate the possibility that states can become bearers of cosmopolitan responsibilities across a variety of areas including human rights, atrocity prevention, climate change, and public health, while also remaining vehicles for popular self-determination withinpersisting, and at times counteracting, conditions of global pluralism.
Category: Cosmopolitanism

Ruling The World

Author : Jeffrey L. Dunoff
ISBN : 9781139479677
Genre : Law
File Size : 76.42 MB
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Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.
Category: Law

Anthropology And The New Cosmopolitanism

Author : Pnina Werbner
ISBN : 9781474248075
Genre : Social Science
File Size : 54.60 MB
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Anthropology and the New Cosmopolitanism inaugurates a new, situated, cosmopolitan anthropology. It examines the rise of postcolonial movements responsive to global rights movements, which espouse a politics of dignity, cultural difference, democracy, dissent and tolerance. The book starts from the premise that cosmopolitanism is not, and never has been, a 'western', elitist ideal exclusively. The book's major innovation is to show the way cosmopolitans beyond the North - in Papua New Guinea, Indonesia and Malaysia, India, Africa, the Middle East and Mexico - juggle universalist commitments with roots in local cultural milieus and particular communities.Anthropology and the New Cosmopolitanism breaks new ground in theorizing the role of social anthropology as a discipline that engages with the moral, economic, legal and political transformations and dislocations of a globalizing world. It introduces the reader to key debates surrounding cosmopolitanism in the social sciences, and is written clearly and accessibly for undergraduates in anthropology and related subjects.
Category: Social Science

Kant S Impure Ethics

Author : Robert B. Louden
ISBN : 9780195347760
Genre : Philosophy
File Size : 22.26 MB
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This study examines and assesses the second part of Kant's ethics - which determines how best to apply pure principles to the human situation. It reassesses Kantian ethics as a whole, once this second part is re-admitted to its rightful place within Kant's practical philosophy.
Category: Philosophy

Participation Facilitation And Mediation

Author : Claudio Baraldi
ISBN : 9781136316258
Genre : Education
File Size : 32.39 MB
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Traditionally, children have been considered from a primarily developmental perspective, in need of education in order to achieve autonomy, growth, and eventually adulthood. Childhood studies have recently underlined an alternate way to look at children, starting from the consideration that children are competent social actors and can actively participate in social life. However, there has been relatively little attention paid to the ways in which adults can actively empower children’s agency and participation. This book aims to highlight this important aspect, explaining the position of adults as facilitators and mediators in the process of constructing childhood.
Category: Education

Hospitality And World Politics

Author : Gideon Baker
ISBN : 9781137290007
Genre : Political Science
File Size : 86.23 MB
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A long neglected concept in the field of international relations and political theory, hospitality provides a new framework for analysing many of the challenges in world politics today, from the search for peaceable relations between states to asylum and refugee crises.
Category: Political Science

Kant And Colonialism

Author : Katrin Flikschuh
ISBN : 9780191034114
Genre : Political Science
File Size : 70.60 MB
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This is the first book dedicated to a systematic exploration of Kant's position on colonialism. Bringing together a team of leading scholars in both the history of political thought and normative theory, the chapters in the volume seek to place Kant's thoughts on colonialism in historical context, examine the tensions that the assessment of colonialism produces in Kant's work, and evaluate the relevance of these reflections for current debates on global justice and the relation of Western political thinking to other parts of the world.
Category: Political Science

The Future Of Political Community

Author : Gideon Baker
ISBN : 9781134033355
Genre : Political Science
File Size : 21.39 MB
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This book explores the alternative futures of political community and moves beyond the critique of what is wrong with existing, state-based forms of political community. It does so not with the defence of a particular normative model of political community in mind, but rather in the quest for new ways of thinking about political community itself. Exploring how the political must be rethought in the twenty-first century and beyond, this book is divided into three parts: Part I focuses on the core problem that, despite the obvious need to rethink political community ‘beyond’ the nation state, our conceptual language is still thoroughly shaped by modernity, its prioritisation of the state and sovereignty, and its assumption of unifying progress in history. Part II focuses on postmodern political community, these chapters take up the calls made above for new thinking about political community that goes ‘beyond’ modern conceptions. Part III turns to the question of the emergence and decline of new forms of political community. The purpose of this section is to consider how the transformation of political community occurs in practice, and what the primary driver of this change is globally, locally and historically. This book will be of strong interest to students and scholars of International Relations, Political and Social Theory.
Category: Political Science

The Oxford Handbook Of Political Ideologies

Author : Michael Freeden
ISBN : 9780191663710
Genre : Political Science
File Size : 34.17 MB
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This is the first comprehensive volume to offer a state of the art investigation both of the nature of political ideologies and of their main manifestations. The diversity of ideology studies is represented by a mixture of the range of theories that illuminate the field, combined with an appreciation of the changing complexity of concrete ideologies and the emergence of new ones. Ideologies, however, are always with us. The Handbook is divided into three sections: The first is divided into three sections: The first reflects some of the latest thinking about the development of ideology on an historical dimension, from the standpoints of conceptual history, Marx studies, social science theory and history, and leading schools of continental philosophy. The second includes some of the most recent interpretations and theories of ideology, all of which are sympathetic in their own ways to its exploration and close investigation, even when judiciously critical of its social impact. This section contains many of the more salient contemporary accounts of ideology. The third focuses on the leading ideological families and traditions, as well as on some of their cultural and geographical manifestations, incorporating both historical and contemporary perspectives. Each chapter is written by an expert in their field, bringing the latest approaches and understandings to their task. The Handbook will position the study of ideologies in the mainstream of political theory and political analysis and will attest to its indispensability both to courses on political theory and to scholars who wish to take their understanding of ideologies in new directions.
Category: Political Science