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Author: Susan Marks
Publisher:
ISBN: 9780199264131
Category : Law
Languages : en
Pages : 180
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Book Description
The promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote democratic political arrangements? If so, on what basis, and with which of the many competing conceptions of democracy? Drawing on an eclectic range of source material, the author examines current debates about the emergence of an international legal 'norm of democratic governance', and considers how proposals for such a norm might be rearticulated to meet some of the concerns to which they give rise. She also uses these debates to illustrate some more general points about approaches to the study of international law. In doing so, she seeks to defend an approach to international legal scholarship that takes its cue from the tradition of ideology critique.
Author: Susan Marks
Publisher:
ISBN: 9780199264131
Category : Law
Languages : en
Pages : 180
Get Book Here
Book Description
The promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote democratic political arrangements? If so, on what basis, and with which of the many competing conceptions of democracy? Drawing on an eclectic range of source material, the author examines current debates about the emergence of an international legal 'norm of democratic governance', and considers how proposals for such a norm might be rearticulated to meet some of the concerns to which they give rise. She also uses these debates to illustrate some more general points about approaches to the study of international law. In doing so, she seeks to defend an approach to international legal scholarship that takes its cue from the tradition of ideology critique.
Author: Susan R. Marks
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 184
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Book Description
The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?
Author: Denis Galligan
Publisher: OUP Oxford
ISBN: 0191025496
Category : Law
Languages : en
Pages : 456
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Book Description
The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary government. Changes at the practical level of the constitution were accompanied by a wealth of ideas on constitutions written from different - and often competing - perspectives. Hobbes and Locke, Harrington, Hume, and Bentham, Coke, the Levellers, and Blackstone were all engaged in the constitutional affairs of the day, and their writings influenced the direction and outcome of constitutional thought and development. They treated themes of a universal and timeless character and as such have established themselves of lasting interest and importance in the history of constitutional thought. Examining their works we can follow the shaping of contemporary ideas of constitutions, and the design of constitutional texts. At the same time major constitutional change and upheaval were taking place in America and France. This was an era of intense discussion, examination, and constitution-making. The new nation of the United States looked to authors such as Locke, Hume, Harrington, and Sydney for guidance in their search for a new republicanism, adding to the development of constitutional thought and practice. This collection includes chapters examining the influences of Madison, Hamilton, Jefferson, and Adams. In France the influence of Rousseau was apparent in the revolutionary constitution, and Sieyes was an active participant in its discussion and design. Montesquieu and de Maistre reflected on the nature of constitutions and constitutional government, and these French writers drew on, engaged with, and challenged the British and American writers. The essays in this volume reveal a previously unexplored dynamic relationship between the authors of the three nations, explaining the intimate connection between ruler and ruled.
Author: Marco Goldoni
Publisher: Bloomsbury Publishing
ISBN: 1847319319
Category : Law
Languages : en
Pages : 382
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Book Description
This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.
Author: Michael A Wilkinson
Publisher: Bloomsbury Publishing
ISBN: 1509911693
Category : Law
Languages : en
Pages : 321
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Book Description
In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.
Author: Jamie Aroosi
Publisher: University of Pennsylvania Press
ISBN: 0812295617
Category : Political Science
Languages : en
Pages : 248
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Book Description
Although Karl Marx and Søren Kierkegaard are both major figures in nineteenth-century Western thought, they are rarely considered in the same conversation. Marx is the great radical economic theorist, the prophet of communist revolution who famously claimed religion was the "opiate of the masses." Kierkegaard is the renowned defender of Christian piety, a forerunner of existentialism, and a critic of mass politics who challenged us to become "the single individual." But by drawing out important themes bequeathed them by their shared predecessor G. W. F. Hegel, Jamie Aroosi shows how they were engaged in parallel projects of making sense of the modern, "dialectical" self, as it realizes itself through a process of social, economic, political, and religious emancipation. In The Dialectical Self, Aroosi illustrates that what is traditionally viewed as opposition is actually a complementary one-sidedness, born of the fact that Marx and Kierkegaard differently imagined the impediments to the self's appropriation of freedom. Specifically, Kierkegaard's concern with the psychological and spiritual nature of the self reflected his belief that the primary impediments to freedom reside in subjectivity, such as in our willing conformity to social norms. Conversely, Marx's concern with the sociopolitical nature of the self reflected his belief that the primary impediments to freedom reside in the objective world, such as in the exploitation of the economic system. However, according to Aroosi, each thinker represents one half of a larger picture of freedom and selfhood, because the subjective and objective impediments to freedom serve to reinforce one another. By synthesizing the writing of these two diametrically opposed figures, Aroosi demonstrates the importance of envisioning emancipation as a subjective, psychological, and spiritual process as well as an objective, sociopolitical, and economic one. The Dialectical Self attests to the importance and continued relevance of Marx and Kierkegaard for the modern imagination.
Author: Hauke Brunkhorst
Publisher: Bloomsbury Publishing USA
ISBN: 1441137009
Category : Political Science
Languages : en
Pages : 481
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Book Description
This unique work analyzes the crisis in modern society, building on the ideas of the Frankfurt School thinkers. Emphasizing social evolution and learning processes, it argues that crisis is mediated by social class conflicts and collective learning, the results of which are embodied in constitutional and public law. First, the work outlines a new categorical framework of critical theory in which it is conceived as a theory of crisis. It shows that the Marxist focus on economy and on class struggle is too narrow to deal with the range of social conflicts within modern society, and posits that a crisis of legitimization is at the core of all crises. It then discusses the dialectic of revolutionary and evolutionary developmental processes of modern society and its legal system. This volume in the Critical Theory and Contemporary Society by a leading scholar in the field provides a new approach to critical theory that will appeal to anyone studying political sociology, political theory, and law.
Author: Anna-Karin Lindblom
Publisher: Cambridge University Press
ISBN: 9780521850889
Category : Law
Languages : en
Pages : 604
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Book Description
Even when governments have no democratic basis, they are regarded as the sole representatives of their populations on the international plane and take important decisions on their behalf. It is therefore important that other voices can be heard in international fora alongside governments. NGOs have an increasingly important legal and political role and use several different avenues for their work, such as lodging cases before international courts and other bodies and participating in international meetings and conferences. This book explores these possibilities for the participation of NGOs in international law.
Author: Ralph Wilde
Publisher: Oxford University Press
ISBN: 0199577897
Category : Language Arts & Disciplines
Languages : en
Pages : 641
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Book Description
This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Author: Ukri Soirila
Publisher: Bloomsbury Publishing
ISBN: 1509938923
Category : Law
Languages : en
Pages : 342
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Book Description
This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances “the law of humanity project”. In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law – a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.
