The Cosmopolitan Constitution

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The Cosmopolitan Constitution

Author : Alexander Somek
Publisher : Oxford Constitutional Theory
ISBN 13 : 0199651531
Total Pages : 305 pages
Book Rating : 4.1/5 (996 download)

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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?

A Cosmopolitan Legal Order

Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0192559168
Total Pages : 272 pages
Book Rating : 4.1/5 (925 download)

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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 2018-05-01 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.

The Cosmopolitan State

Author : H Patrick Glenn
Publisher : OUP Oxford
ISBN 13 : 0199682429
Total Pages : 399 pages
Book Rating : 4.1/5 (996 download)

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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.

The Cosmopolitan Tradition

Author : Martha C. Nussbaum
Publisher : Harvard University Press
ISBN 13 : 0674052498
Total Pages : 321 pages
Book Rating : 4.6/5 (74 download)

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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.

Grounding Cosmopolitanism

Author : Garrett Wallace Brown
Publisher : Edinburgh University Press
ISBN 13 : 0748640924
Total Pages : 248 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Grounding Cosmopolitanism by : Garrett Wallace Brown

Download or read book Grounding Cosmopolitanism written by Garrett Wallace Brown and published by Edinburgh University Press. This book was released on 2009-09-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Kant, Global Politics and Cosmopolitan Law

Author : Claudio Corradetti
Publisher : Routledge
ISBN 13 : 0429670729
Total Pages : 214 pages
Book Rating : 4.4/5 (296 download)

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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.

The Cosmopolitan State

Author : H Patrick Glenn
Publisher : OUP Oxford
ISBN 13 : 0191504971
Total Pages : 400 pages
Book Rating : 4.1/5 (915 download)

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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 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.

The Cosmopolitan First Amendment

Author : Timothy Zick
Publisher : Cambridge University Press
ISBN 13 : 1107012325
Total Pages : 461 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Cosmopolitan First Amendment by : Timothy Zick

Download or read book The Cosmopolitan First Amendment written by Timothy Zick and published by Cambridge University Press. This book was released on 2014 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an interconnected world in which expressive and religious cultures increasingly commingle and collide. In a globalized and digitized era, we need to better understand the relationship between the First Amendment to the United States Constitution and international borders. This book focuses on the exercise and protection of cross-border and beyond-border expressive and religious liberties, and on the First Amendment's relationship to the world beyond US shores. It reveals a cosmopolitan First Amendment that protects cross-border conversation, facilitates the global spread of democratic principles, recognizes expressive and religious liberties regardless of location, is influential across the world, and encourages respectful engagement with the liberty regimes of other nations. The Cosmopolitan First Amendment is the product of historical, social, political, technological and legal developments. It examines the First Amendment's relationship to foreign travel, immigration, cross-border communication and association, religious activities that traverse international borders, conflicts among foreign and US speech and religious liberty models, and the conduct of international affairs and diplomacy.

Kant's Cosmopolitan Theory of Law and Peace

Author : Otfried Höffe
Publisher : Cambridge University Press
ISBN 13 : 0521534089
Total Pages : 16 pages
Book Rating : 4.5/5 (215 download)

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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

India's Founding Moment

Author : Madhav Khosla
Publisher :
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis India's Founding Moment by : Madhav Khosla

Download or read book India's Founding Moment written by Madhav Khosla and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Cosmopolitan War

Author : Cécile Fabre
Publisher : Oxford University Press
ISBN 13 : 0199567166
Total Pages : 324 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Cosmopolitan War by : Cécile Fabre

Download or read book Cosmopolitan War written by Cécile Fabre and published by Oxford University Press. This book was released on 2012-09-27 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cécile Fabre defends an ethical account of war which focuses on the individual, as a rational and moral agent, over collective groups of people. She offers a new account of just and unjust war, exploring wars of national defence, civil wars, humanitarian intervention, wars involving private military forces, and asymmetrical wars.

A War Like No Other

Author : Owen M. Fiss
Publisher : The New Press
ISBN 13 : 162097097X
Total Pages : 354 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis A War Like No Other by : Owen M. Fiss

Download or read book A War Like No Other written by Owen M. Fiss and published by The New Press. This book was released on 2015 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up. The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantánamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable.A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.

A Cosmopolitan Legal Order

Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0192559168
Total Pages : 272 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis A Cosmopolitan Legal Order by : Alec Stone Sweet

The State and Cosmopolitan Responsibilities

Author : Richard Beardsworth
Publisher : Oxford University Press, USA
ISBN 13 : 0198800614
Total Pages : 357 pages
Book Rating : 4.1/5 (988 download)

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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.

Constitutional Democracy in Crisis?

Author : Mark A. Graber
Publisher : Oxford University Press
ISBN 13 : 0190889004
Total Pages : 352 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber

Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

The Humble Cosmopolitan

Author : Luis Cabrera
Publisher : Oxford University Press, USA
ISBN 13 : 019086950X
Total Pages : 361 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Humble Cosmopolitan by : Luis Cabrera

Download or read book The Humble Cosmopolitan written by Luis Cabrera and published by Oxford University Press, USA. This book was released on 2020 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cosmopolitanism is said by many critics to be arrogant. In emphasizing universal principles and granting no fundamental moral significance to national or other group belonging, it wrongly treats those making non-universalist claims as not authorized to speak, while treating those in non-Western societies as not qualified. This book works to address such objections. It does so in part by engaging the work of B.R. Ambedkar, architect of India's 1950 Constitution and revered champion of the country's Dalits (formerly "untouchables"). Ambedkar cited universal principles of equality and rights in confronting domestic exclusions and the "arrogance" of caste. He sought to advance forms of political humility, or the affirmation of equal standing within political institutions and openness to input and challenge within them. This book examines how an "institutional global citizenship" approach to cosmopolitanism could similarly advance political humility, in supporting the development of input and challenge mechanisms beyond the state. It employs a grounded normative theory method, taking insights for the model from field research among Dalit activists pressing for domestic reforms through the UN human rights regime, and from their critics in the Hindu nationalist Bharatiya Janata Party. Insights also are taken from Turkish protesters challenging a rising domestic authoritarianism, and from UK Independence Party members demanding "Brexit" from the European Union-in part because of possibilities that predominantly Muslim Turkey will join. Overall, it is shown, an appropriately configured institutional cosmopolitanism should orient fundamentally to political humility rather than arrogance, while holding significant potential for advancing global rights protections and more equitable rights specifications"--

Nations Matter

Author : Craig Calhoun
Publisher : Routledge
ISBN 13 : 113412757X
Total Pages : 248 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Nations Matter by : Craig Calhoun

Download or read book Nations Matter written by Craig Calhoun and published by Routledge. This book was released on 2007-04-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Craig Calhoun, one of the most respected social scientists in the world, re-examines nationalism in light of post-1989 enthusiasm for globalization and the new anxieties of the twenty-first century. Nations Matter argues that pursuing a purely postnational politics is premature at best and possibly dangerous. Calhoun argues that, rather than wishing nationalism away, it is important to transform it. One key is to distinguish the ideology of nationalism as fixed and inherited identity from the development of public projects that continually remake the terms of national integration. Standard concepts like 'civic' vs. 'ethnic' nationalism can get in the way unless they are critically re-examined – as an important chapter in this book does. This book is essential reading for undergraduate and postgraduate students of sociology, history, political theory and all subjects concerned with nationalism, globalization, and cosmopolitanism.