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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 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 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 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 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 2021-12-13 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that to understand the complexities of our current legal-institutional arrangements, we first need an insight into Kant's global politics, and highlights the potential fruitfulness of Kant's cosmopolitan thought for contemporary political thinking.
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 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 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.
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 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 Kant’s Embedded Cosmopolitanism by : Georg Cavallar
Download or read book Kant’s Embedded Cosmopolitanism written by Georg Cavallar and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-05-19 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kant’s omnipresence in contemporary cosmopolitan discourses contrasts with the fact that little is known about the historical origins and the systematic status of his cosmopolitan theory. This study argues that Kant’s cosmopolitanism should be understood as embedded and dynamic. Inspired by Rousseau, Kant developed a form of cosmopolitanism rooted in a modified form of republican patriotism. In contrast to static forms of cosmopolitanism, Kant conceived the tensions between embedded, local attachments and cosmopolitan obligations in dynamic terms. He posited duties to develop a cosmopolitan disposition (Gesinnung), to establish common laws or cosmopolitan institutions, and to found and promote legal, moral, and religious communities which reform themselves in a way that they can pass the test of cosmopolitan universality. This is the cornerstone of Kant’s cosmopolitanism, and the key concept is the vocation (Bestimmung) of the individual as well as of the human species. Since realizing or at least approaching this vocation is a long-term, arduous, and slow process, Kant turns to the pedagogical implications of this cosmopolitan project and spells them out in his later writings. This book uncovers Kant’s hidden theory of cosmopolitan education within the framework of his overall practical philosophy.
Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Download or read book Cosmopolitanism in Hard Times written by and published by BRILL. This book was released on 2020-12-15 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: While each chapter seizes the dialectic of enlightenment and counter-enlightenment at work in the global world, the volume insists on the moral, intellectual, structural, and historical resources that still make cosmopolitanism a real possibility even in these hard times.
Book Synopsis Beyond Constitutionalism by : Nico Krisch
Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Book Synopsis Kant's Cosmopolitics by : Garrett Wallace Brown
Download or read book Kant's Cosmopolitics written by Garrett Wallace Brown and published by Edinburgh University Press. This book was released on 2019-04-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores Kant's cosmopolitanism and its implications for a Kantian-inspired cosmopolitics. The contributors provide a definitive source and specification of key new areas in the field of Kantian cosmopolitanism and how it is integral to current debates in political theory, political philosophy and international relations.
Book Synopsis Cosmopolitan Responsibility by : Jan-Christoph Heilinger
Download or read book Cosmopolitan Responsibility written by Jan-Christoph Heilinger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-11-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world we live in is unjust. Preventable deprivation and suffering shape the lives of many people, while others enjoy advantages and privileges aplenty. Cosmopolitan responsibility addresses the moral responsibilities of privileged individuals to take action in the face of global structural injustice. Individuals are called upon to complement institutional efforts to respond to global challenges, such as climate change, unfair global trade, or world poverty. Committed to an ideal of relational equality among all human beings, the book discusses the impact of individual action, the challenge of special obligations, and the possibility of moral overdemandingness in order to lay the ground for an action-guiding ethos of cosmopolitan responsibility. This thought-provoking book will be of interest to any reflective reader concerned about justice and responsibilities in a globalised world. Jan-Christoph Heilinger is a moral and political philosopher. He teaches at Ludwig-Maximilians-Universität, Munich, Germany, and at Ecole normale supérieure, Port-au-Prince, Haiti.
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.
