A Cosmopolitan Legal Order

Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 0192559168
Total Pages : 272 pages
Book Rating : 4.66/5 ( download)

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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 : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 019882534X
Total Pages : 305 pages
Book Rating : 4.40/5 ( download)

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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.

Author : Otfried Höffe
Publisher : Cambridge University Press
ISBN 13 : 0521534089
Total Pages : 16 pages
Book Rating : 4.86/5 ( download)

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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

Author : Helge Dedek
Publisher : Cambridge University Press
ISBN 13 : 1108841724
Total Pages : 325 pages
Book Rating : 4.26/5 ( download)

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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.

Author : Alexander Somek
Publisher : OUP Oxford
ISBN 13 : 0191030929
Total Pages : 320 pages
Book Rating : 4.25/5 ( download)

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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.

Author : Paul Schiff Berman
Publisher : Cambridge University Press
ISBN 13 : 1107376912
Total Pages : 357 pages
Book Rating : 4.15/5 ( download)

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Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Author : Patricia Popelier
Publisher :
ISBN 13 : 9781780680101
Total Pages : 0 pages
Book Rating : 4.04/5 ( download)

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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)

Author : Boaventura de Sousa Santos
Publisher : Cambridge University Press
ISBN 13 : 9781139446143
Total Pages : 424 pages
Book Rating : 4.42/5 ( download)

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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.

Author : Pauline Kleingeld
Publisher : Cambridge University Press
ISBN 13 : 1139504266
Total Pages : 233 pages
Book Rating : 4.63/5 ( download)

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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.

Author : Georg Cavallar
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110429403
Total Pages : 228 pages
Book Rating : 4.04/5 ( download)

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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 228 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.