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A Cosmopolitan Legal Order
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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 2018-05-08 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.
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 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides 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 to the elaboration of a Kantian-congruent model of constitutional justice, both within and beyond the nation state. Part II applies this theoretical framework 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. The book argues that this order has emerged in Europe thanks to the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights and the incorporation of the Convention into national law. The book covers the strengthening of the Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to "qualified" rights, including privacy and family life, freedoms of speech, assembly, the press, conscience, and religion; the robust enforcement of "absolute" rights, including the prohibition of torture and inhuman treatment; and the Court's aim to render justice to all people that come under its jurisdiction, even non-citizens who live - and whose rights are violated - beyond Europe. It explains how the European Court of Human Rights has become one of the most active and important advocates for human rights in the world, while helping to construct a nascent cosmopolitan constitution in Europe.
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 Jewish Memory And the Cosmopolitan Order by : Natan Sznaider
Download or read book Jewish Memory And the Cosmopolitan Order written by Natan Sznaider and published by Polity. This book was released on 2011-09-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natan Sznaider offers a highly original account of Jewish memory and politics before and after the Holocaust. It seeks to recover an aspect of Jewish identity that has been almost completely lost today - namely, that throughout much of their history Jews were both a nation and cosmopolitan, they lived in a constant tension between particularism and universalism. And it is precisely this tension, which Sznaider seeks to capture in his innovative conception of ‘rooted cosmopolitanism', that is increasingly the destiny of all peoples today. The book pays special attention to Jewish intellectuals who played an important role in advancing universal ideas out of their particular identities. The central figure in this respect is Hannah Arendt and her concern to build a better world out of the ashes of the Jewish catastrophe. The book demonstrates how particular Jewish affairs are connected to current concerns about cosmopolitan politics like human rights, genocide, international law and politics. Jewish identity and universalist human rights were born together, developed together and are still fundamentally connected. This book will appeal both to readers interested in Jewish history and memory and to anyone concerned with current debates about citizenship and cosmopolitanism in the modern world.
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 Human Rights Protection in the European Legal Order by : Patricia Popelier
Download or read book Human Rights Protection in the European Legal Order written by Patricia Popelier and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)
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: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Book Synopsis The Cosmopolitan Tradition by : Martha C. Nussbaum
Download or read book The Cosmopolitan Tradition written by Martha C. Nussbaum and published by Harvard University Press. This book was released on 2019-08-13 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cosmopolitan political tradition defines people not according to nationality, family, or class but as equally worthy citizens of the world. Martha Nussbaum pursues this “noble but flawed” vision, confronting its inherent tensions over material distribution, differential abilities, and the ideological conflicts inherent to pluralistic societies.
Download or read book Perpetual Peace written by James Bohman and published by MIT Press. This book was released on 1997 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors argue for the continued theoretical and practical relevance of the cosmopolitan ideals of Kant's essay "Toward Perpetual Peace: A Philosophical Sketch."
Book Synopsis The Cosmopolitan Constitution by : Alexander Somek
Download or read book The Cosmopolitan Constitution written by Alexander Somek and published by OUP Oxford. This book was released on 2014-07-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.
Book Synopsis Kant and Cosmopolitanism by : Pauline Kleingeld
Download or read book Kant and Cosmopolitanism written by Pauline Kleingeld and published by Cambridge University Press. This book was released on 2011-11-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive account of Kant's cosmopolitanism, highlighting its moral, political, legal, economic, cultural and psychological aspects. Contrasting Kant's views with those of his German contemporaries and relating them to current debates, Pauline Kleingeld sheds new light on texts that have been hitherto neglected or underestimated. In clear and carefully argued discussions, she shows that Kant's philosophical cosmopolitanism underwent a radical transformation in the mid 1790s and that the resulting theory is philosophically stronger than is usually thought. Using the work of figures such as Fichte, Cloots, Forster, Hegewisch, Wieland and Novalis, Kleingeld analyses Kant's arguments regarding the relationship between cosmopolitanism and patriotism, the importance of states, the ideal of an international federation, cultural pluralism, race, global economic justice and the psychological feasibility of the cosmopolitan ideal. In doing so, she reveals a broad spectrum of positions in cosmopolitan theory that are relevant to current discussions of cosmopolitanism.
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 2013-05-23 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the 'nation-state' has failed, Glenn argues, and a major shift in our understanding of the state is needed. He provides an original approach by situating cosmopolitanism in its historical context and demonstrating that the state is necessarily cosmopolitan in character, and has always been subject to transnational law-making.
Book Synopsis Cosmopolitan Regard by : Richard Vernon
Download or read book Cosmopolitan Regard written by Richard Vernon and published by Cambridge University Press. This book was released on 2010-04 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suggests that a cosmopolitan theory of political obligations involves extending these obligations beyond our own borders.
Book Synopsis Democracy and the Global Order by : David Held
Download or read book Democracy and the Global Order written by David Held and published by John Wiley & Sons. This book was released on 2013-04-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a highly original account of the changing meaning of democracy in the contemporary world, offering both an historical and philosophical analysis of the nature and prospects of democracy today.
Download or read book Cosmopolitanism written by David Held and published by John Wiley & Sons. This book was released on 2013-04-23 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out the case for a cosmopolitan approach to contemporary global politics. It presents a systematic theory of cosmopolitanism, explicating its core principles and justifications, and examines the role many of these principles have played in the development of global politics, such as framing the human rights regime. The framework is then used to address some of the most pressing issues of our time: the crisis of financial markets, climate change and the fallout from the wars in Afghanistan and Iraq. In each case, Held argues that realistic politics is exhausted, and that cosmopolitanism is the new realism. See also Garrett Wallace Brown and David Held's The Cosmopolitanism Reader.
Book Synopsis Cosmopolitanism and International Relations Theory by : Richard Beardsworth
Download or read book Cosmopolitanism and International Relations Theory written by Richard Beardsworth and published by John Wiley & Sons. This book was released on 2013-04-16 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization has been contested in recent times. Among the critical perspectives is cosmopolitanism. Yet, with the exception of normative theory, international relations as a field has ignored cosmopolitan thinking. This book redresses this gap and develops a dialogue between cosmopolitanism and international relations. The dialogue is structured around three debates between non-universalist theories of international relations and contemporary cosmopolitan thought. The theories chosen are realism, (post-)Marxism and postmodernism. All three criticize liberalism in the international domain, and, therefore, cosmopolitanism as an offshoot of liberalism. In the light of each school's respective critique of universalism, the book suggests both the importance and difficulty of the cosmopolitan perspective in the contemporary world. Beardsworth emphasizes the need for global leadership at nation-state level, re-embedding of the world economy, a cosmopolitan politics of the lesser violence, and cosmopolitan political judgement. He also suggests research agendas to situate further contemporary cosmopolitanism in international relations theory. This book will appeal to all students of political theory and international relations, especially those who are seeking more articulation of the main issues between cosmopolitanism and its critics in international relations.
Book Synopsis The State and Cosmopolitan Responsibilities by : Richard Beardsworth
Download or read book The State and Cosmopolitan Responsibilities written by Richard Beardsworth and published by Oxford University Press, USA. This book was released on 2019 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
