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A Cosmopolitan Jurisprudence
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Book Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Book Synopsis The Cosmopolitan State by : H Patrick Glenn
Download or read book The Cosmopolitan State written by H Patrick Glenn and published by OUP Oxford. This book was released on 2013-05-16 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization. This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.
Book Synopsis Kant, Global Politics and Cosmopolitan Law by : Claudio Corradetti
Download or read book Kant, Global Politics and Cosmopolitan Law written by Claudio Corradetti and published by Routledge. This book was released on 2020-04-08 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is there so much attention on Kant's global politics in present day law and philosophy? This book highlights the potential fruitfulness of Kant's cosmopolitan thought for understanding the complexities of the contemporary political world. It adopts a double methodological strategy by reconstructing a genealogical conceptual journey showing the development of international law, as well as introducing an interpretation of cosmopolitanism centred on Kant's theory of a metaphysics of freedom. The result is a novel focus on Kant's notion of the world republic. The hypothesis here defended is that the world republic stands as a way of thinking about international politics where the possibility of progression towards peace results from its use as a regulative idea.
Book Synopsis Parochialism, Cosmopolitanism, and the Foundations of International Law by : M. N. S. Sellers
Download or read book Parochialism, Cosmopolitanism, and the Foundations of International Law written by M. N. S. Sellers and published by Cambridge University Press. This book was released on 2012 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.
Book Synopsis Cosmopolitan Justice and its Discontents by : Cecilia Bailliet
Download or read book Cosmopolitan Justice and its Discontents written by Cecilia Bailliet and published by Routledge. This book was released on 2011-04-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy.
Book Synopsis Kant's Cosmopolitan Theory of Law and Peace by : Otfried Höffe
Download or read book Kant's Cosmopolitan Theory of Law and Peace written by Otfried Höffe and published by Cambridge University Press. This book was released on 2006-02-13 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis The Unity of Public Law by : David Dyzenhaus
Download or read book The Unity of Public Law written by David Dyzenhaus and published by Hart Publishing. This book was released on 2004-03 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the relationship between the common law of judicial review, the written constitution and public international law.
Book Synopsis Cosmopolitanism in Context by : Roland Pierik
Download or read book Cosmopolitanism in Context written by Roland Pierik and published by Cambridge University Press. This book was released on 2010-06-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the effects of such bureaucratisation of cosmopolitan ideals? This volume examines the strained relationship between cosmopolitanism as a moral standard and the legal institutions in which cosmopolitan norms and principles are to be implemented. Five areas of global concern are analysed: environmental protection, economic regulation, peace and security, the fight against international crimes and migration.
Book Synopsis The Cosmopolitan Constitution by : Alexander Somek
Download or read book The Cosmopolitan Constitution written by Alexander Somek and published by Oxford Constitutional Theory. This book was released on 2014 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foundations of constitutional authority have changed since modern constitutions first emerged in the eighteenth century. Originally, the constitution is supposed to express and to channel popular sovereignty. It is a work of freedom. It springs from, and facilitates, collective self-determination. This perspective changes after the Second World War. From now on constitutional authority is supposed to commit itself credibly to human rights. The people recede into the background. Universal principles command respect. Moreover, the national constitution becomes embedded into one or the other system of peer review among nations. This marks the advent of the cosmopolitan constitution. But this new cosmopolitan paradise is ambivalent. Greater civility and mutual supervision in the relation among peoples exacts the price of their political disempowerment. The question is whether this new form of constitutional authority can be based on an alternative form of collective self-determination that is no longer political but cosmopolitan in kind. But would such a shift, even if possible, be also desirable?
Book Synopsis The Cosmopolitan Imagination by : Gerard Delanty
Download or read book The Cosmopolitan Imagination written by Gerard Delanty and published by Cambridge University Press. This book was released on 2009-10-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerard Delanty provides a comprehensive assessment of the idea of cosmopolitanism in social and political thought which links cosmopolitan theory with critical social theory. He argues that cosmopolitanism has a critical dimension which offers a solution to one of the weaknesses in the critical theory tradition: failure to respond to the challenges of globalization and intercultural communication. Critical cosmopolitanism, he proposes, is an approach that is not only relevant to social scientific analysis but also normatively grounded in a critical attitude. Delanty's argument for a critical, sociologically oriented cosmopolitanism aims to avoid, on the one hand, purely normative conceptions of cosmopolitanism and, on the other, approaches that reduce cosmopolitanism to the empirical expression of diversity. He attempts to take cosmopolitan theory beyond the largely Western context with which it has generally been associated, claiming that cosmopolitan analysis must now take into account non-Western expressions of cosmopolitanism.
Book Synopsis Law and the New Logics by : H. Patrick Glenn
Download or read book Law and the New Logics written by H. Patrick Glenn and published by Cambridge University Press. This book was released on 2017-01-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores relationships between law and legal reasoning, and recent developments in formal logic.
Book Synopsis A Cosmopolitan Legal Order by : Alec Stone Sweet
Download or read book A Cosmopolitan Legal Order written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2018-05-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 II applies 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 their jurisdiction; 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, the Strasbourg 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.
Author :Boaventura de Sousa Santos Publisher :Cambridge University Press ISBN 13 :9781139446143 Total Pages :424 pages Book Rating :4.4/5 (461 download)
Book Synopsis Law and Globalization from Below by : Boaventura de Sousa Santos
Download or read book Law and Globalization from Below written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2005-09-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
Book Synopsis Cosmopolitan Citizenship by : Roland Dannreuther
Download or read book Cosmopolitan Citizenship written by Roland Dannreuther and published by Springer. This book was released on 2016-07-27 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original discussion and analysis of the meaning and scope of citizenship. The book examines the concept of citizenship in the light of normative ethical and political arguments as to the possible costs and benefits to political order, community, rights and participation of opting either for a cosmopolitan or a bounded citizenship ideal. As well as putting the concept of cosmopolitan citizenship into question, this book raises fundamental issues as to the adequacy of the current conceptual resources of political and international theory.
Book Synopsis Commercializing Cosmopolitan Security by : Andreas Krieg
Download or read book Commercializing Cosmopolitan Security written by Andreas Krieg and published by Springer. This book was released on 2016-09-07 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses two key topics within international politics: the responsibility to protect (R2P) and the commercialization and privatization of security. In a world of ungoverned spaces, state failure and erupting humanitarian crises, the international community is increasingly called upon to exercise its responsibility to protect communities under threat. Here, Krieg explains the civil-military dynamics behind the state’s failure to effectively intervene in humanitarian crises overseas using its serviceman. The central question that follows is: would the private military contractor be a better alternative agent of the state in humanitarian intervention? This book demonstrates that given his professional identity and role towards client state and public, the contractor can be employed effectively in humanitarian intervention to generate more ethical outcomes. This volume is essential reading for researchers and post-graduate students of R2P, International Security Studies and privatization, as well as Peace and Conflict studies and International Relations more broadly.
Book Synopsis Trade Policy between Law, Diplomacy and Scholarship by : Christoph Herrmann
Download or read book Trade Policy between Law, Diplomacy and Scholarship written by Christoph Herrmann and published by Springer. This book was released on 2015-06-20 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents 22 topical contributions on international trade law and policy, with a particular focus on EU external trade law, addressing countries ranging from Ukraine to Switzerland and the US (TTIP) and aspects from trade and IPRs to anti-dumping. The volume constitutes a state-of-the-art treatment of the many facets of trade policy in the 21st century from legal, diplomatic and academic standpoints. The book is dedicated to the memory of Horst Günter Krenzler, former Director General for External Relations for the European Commission and Chief Negotiator for the European Union in many trade negotiations, honorary professor of European Union law at the University of Munich and an of counsel with Freshfields' Brussels office after retirement from the Commission.
Book Synopsis Frankfurt School Perspectives on Globalization, Democracy, and the Law by : William E. Scheuerman
Download or read book Frankfurt School Perspectives on Globalization, Democracy, and the Law written by William E. Scheuerman and published by Routledge. This book was released on 2011-06-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frankfurt School Perspectives on Globalization, Democracy, and the Law makes use of the work of first-generation Frankfurt School theorist Franz L. Neumann, in conjunction with his famous successor, Jürgen Habermas, to try to understand the momentous political and legal transformations generated by globalization. This volume demonstrates that the Frankfurt School tradition speaks directly to some pressing political and social concerns, including globalization, the reform of the welfare state, and the environmental crisis. Despite widespread claims to the contrary, the legal substructure of economic globalization tends to conflict with traditional models of the "rule of law." Neumann’s prediction that contemporary capitalism would decreasingly depend on generality, clarity, publicity, and stability in the law is supported by a surprising variety of empirical evidence. Habermas’s recent work is then interrogated in order to pursue the question of how we might counteract the deleterious trends accurately predicted by Neumann. How might democracy and the rule of law flourish in the context of globalization? The book is intended for scholars and advanced students in political science, sociology, philosophy and cultural studies.
