Justice Legitimacy And Self Determination

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Justice, Legitimacy, and Self-determination

Author : Allen E. Buchanan
Publisher : Oxford University Press on Demand
ISBN 13 : 0199297983
Total Pages : 507 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Justice, Legitimacy, and Self-determination by : Allen E. Buchanan

Download or read book Justice, Legitimacy, and Self-determination written by Allen E. Buchanan and published by Oxford University Press on Demand. This book was released on 2007 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,'human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, andrejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpowerpursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science,international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach orsubject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Justice, Legitimacy, and Self-Determination

Author : Allen E. Buchanan
Publisher :
ISBN 13 :
Total Pages : 507 pages
Book Rating : 4.:/5 (475 download)

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Book Synopsis Justice, Legitimacy, and Self-Determination by : Allen E. Buchanan

Download or read book Justice, Legitimacy, and Self-Determination written by Allen E. Buchanan and published by . This book was released on 2003 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice, Legitimacy, and Self-Determination

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (475 download)

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Book Synopsis Justice, Legitimacy, and Self-Determination by :

Download or read book Justice, Legitimacy, and Self-Determination written by and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Minorities, Minority Rights and Internal Self-Determination

Author : Ulrike Barten
Publisher : Springer
ISBN 13 : 3319088769
Total Pages : 295 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Minorities, Minority Rights and Internal Self-Determination by : Ulrike Barten

Download or read book Minorities, Minority Rights and Internal Self-Determination written by Ulrike Barten and published by Springer. This book was released on 2014-09-23 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

National Self-Determination and Justice in Multinational States

Author : Anna Moltchanova
Publisher : Springer Science & Business Media
ISBN 13 : 9048126916
Total Pages : 224 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis National Self-Determination and Justice in Multinational States by : Anna Moltchanova

Download or read book National Self-Determination and Justice in Multinational States written by Anna Moltchanova and published by Springer Science & Business Media. This book was released on 2009-08-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Substate nationalism, especially in the past fifteen years, has noticeably affected the political and territorial stability of many countries, both democratic and democratizing. Norms exist to limit the behavior of collective agents in relation to individuals; the set of universally accepted human rights provides a basic framework. There is a lacuna in international law, however, in the regulation of the behavior of groups toward other groups, with the exception of relations among states. The book offers a normative approach to moderate minority nationalism that treats minorities and majorities in multinational states justly and argues for the differentiation of group rights based on how group agents are constituted. It argues that group agency requires a shared set of beliefs concerning membership and the social ontology it offers ensures that group rights can be aligned with individual rights. It formulates a set of principles that, if adopted, would aid conflict resolution in multinational states. The book pays special attention to national self-determination in transitional societies. The book is intended for everyone in political philosophy and political science interested in global justice and international law and legal practitioners interested in normative issues and group rights

Secession

Author :
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.:/5 (932 download)

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Book Synopsis Secession by :

Download or read book Secession written by and published by . This book was released on 1998 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice, Legitimacy, and Self-Determination

Author : Allen Buchanan
Publisher : OUP Oxford
ISBN 13 : 0191522465
Total Pages : 528 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Justice, Legitimacy, and Self-Determination by : Allen Buchanan

Download or read book Justice, Legitimacy, and Self-Determination written by Allen Buchanan and published by OUP Oxford. This book was released on 2003-08-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

The Theory of Self-Determination

Author : Fernando R. Tesón
Publisher : Cambridge University Press
ISBN 13 : 1316483363
Total Pages : 259 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Theory of Self-Determination by : Fernando R. Tesón

Download or read book The Theory of Self-Determination written by Fernando R. Tesón and published by Cambridge University Press. This book was released on 2016-04-07 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

Global Challenges

Author : Iris Marion Young
Publisher : Polity
ISBN 13 : 0745638341
Total Pages : 224 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Global Challenges by : Iris Marion Young

Download or read book Global Challenges written by Iris Marion Young and published by Polity. This book was released on 2007-01-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late twentieth century many writers and activists envisioned new possibilities of transnational cooperation toward peace and global justice. In this book Iris Marion Young aims to revive such hopes by responding clearly to what are seen as the global challenges of the modern day. Inspired by claims of indigenous peoples, the book develops a concept of self-determination compatible with stronger institutions of global regulation. It theorizes new directions for thinking about federated relationships between peoples which assume that they need not be large or symmetrical. Young argues that the use of armed force to respond to oppression should be rare, genuinely multilateral, and follow a model of law enforcement more than war. She finds that neither cosmopolitan nor nationalist responses to questions of global justice are adequate and so offers a distinctive conception of responsibility, founded on participation in social structures, to describe the obligations that both individuals and organizations have in a world of global interdependence. Young applies clear analysis and cogent moral arguments to concrete cases, including the wars against Serbia and Iraq, the meaning of the US Patriot Act, the conflict in Palestine/Israel, and working conditions in sweat shops.

Dividing the State

Author : Paul Groarke
Publisher : Routledge
ISBN 13 : 1351159704
Total Pages : 334 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Dividing the State by : Paul Groarke

Download or read book Dividing the State written by Paul Groarke and published by Routledge. This book was released on 2018-01-18 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The events of recent history affirm the urgent need for a satisfactory definition of the conditions under which a minority within a state has the legal right to secede. Although the concept of sovereignty has been progressively weakened, it still presents the major theoretical difficulty in this area. There is currently no source of international law that would give a legal body like a court the authority to recognize the division of an oppressive or illegitimate state into separate legal entities. This book accordingly argues for a global system of justice based on a domestic model of compulsory law. It considers some of the technical, procedural and evidentiary issues that would arise in instituting such a regime, and develops the conceptual framework essential for the provision of legal remedies for gross violations of our fundamental human rights.

A Theory of Secession

Author : Christopher Heath Wellman
Publisher : Cambridge University Press
ISBN 13 : 9780521849159
Total Pages : 224 pages
Book Rating : 4.8/5 (491 download)

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Book Synopsis A Theory of Secession by : Christopher Heath Wellman

Download or read book A Theory of Secession written by Christopher Heath Wellman and published by Cambridge University Press. This book was released on 2005-09-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.

International Law and Self-Determination

Author : Joshua Castellino
Publisher : BRILL
ISBN 13 : 9004480897
Total Pages : 310 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law and Self-Determination by : Joshua Castellino

Download or read book International Law and Self-Determination written by Joshua Castellino and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.

Democratic Autonomy

Author : Henry S. Richardson
Publisher : Oxford University Press, USA
ISBN 13 : 9780195150919
Total Pages : 332 pages
Book Rating : 4.1/5 (59 download)

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Book Synopsis Democratic Autonomy by : Henry S. Richardson

Download or read book Democratic Autonomy written by Henry S. Richardson and published by Oxford University Press, USA. This book was released on 2002 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Henry Richardson builds a convincing case for a qualified populism and for a strong form of deliberative democracy based on liberal and republican premises.

Philosophical Foundations of Human Rights

Author : Rowan Cruft
Publisher : Oxford University Press
ISBN 13 : 0199688621
Total Pages : 721 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophical Foundations of Human Rights by : Rowan Cruft

Download or read book Philosophical Foundations of Human Rights written by Rowan Cruft and published by Oxford University Press. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Territorial Sovereignty

Author : Anna Stilz
Publisher : Oxford University Press, USA
ISBN 13 : 0198833539
Total Pages : 303 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Territorial Sovereignty by : Anna Stilz

Download or read book Territorial Sovereignty written by Anna Stilz and published by Oxford University Press, USA. This book was released on 2019-08-29 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial Sovereignty: A Philosophical Exploration offers a qualified defense of a territorial states-system. It argues that three core values-occupancy, basic justice, and collective self-determination-are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all the sovereignty rights states currently claim, and that are recognized in international law. Instead, the book proposes important changes to states' sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people's preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and also facilitates its people's collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought. Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction as to approach or subject matter. Series Editors: Will Kymlicka and David Miller.

The Law of Peoples

Author : John Rawls
Publisher : Harvard University Press
ISBN 13 : 9780674005426
Total Pages : 212 pages
Book Rating : 4.0/5 (54 download)

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Book Synopsis The Law of Peoples by : John Rawls

Download or read book The Law of Peoples written by John Rawls and published by Harvard University Press. This book was released on 1999 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work consists of two parts: The Idea of Public Reason Revisited and The Law of Peoples. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some pressing problems of our times.

International Criminal Justice

Author : Gideon Boas
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005605
Total Pages : 335 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Criminal Justice by : Gideon Boas

Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.