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Author: Eric J. Wittenberg
Publisher: Savas Beatie
ISBN: 1611215072
Category : History
Languages : en
Pages : 290
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Book Description
A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.
Author: Eric J. Wittenberg
Publisher: Savas Beatie
ISBN: 1611215072
Category : History
Languages : en
Pages : 290
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Book Description
A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.
Author: Eric J. Wittenberg
Publisher:
ISBN: 9781611215069
Category :
Languages : en
Pages :
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Book Description
"West Virginia was the child of the storm," concluded early Mountaineer historian and Civil War veteran, Maj. Theodore F. Lang. The northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union's 35th state. In Seceding from Secession: The Civil War, Politics, and the Creation of West Virginia, authors Eric J. Wittenberg, Edmund A. Sargus, and Penny L. Barrick chronicle those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of the West Virginia.President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his entire cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event.Seceding from Secession is grounded in a wide variety of sources and persuasively presented. Add in a brilliant Foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, and it is an indispensable source for everyone interested in understanding the convergence of military, political, social, and legal events that brought about the birth of the state of West Virginia.
Author: Antoni Abat i Ninet
Publisher: Taylor & Francis
ISBN: 1000919315
Category : Law
Languages : en
Pages : 283
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Book Description
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
Author: Bruno Coppieters
Publisher: OUP Oxford
ISBN: 0191531731
Category : Political Science
Languages : en
Pages : 297
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Book Description
In a world where the traditional territorial organisation of the state is coming under increasing challenge from pressures from above (globalisation) and from below (struggles for federalisation and secession), the theoretical and practical questions concerning secessionist struggles become ever more acute. It is these questions that this volume addresses. Why do some struggles for autonomy take acute forms, above all violent struggles for secession (for example, Chechnya), while others remain within the framework of constitutional politics (for example, Tatarstan and Quebec)? Under what conditions does a distinct political community have the right to secede from another, and how should this process be managed? Our ten case studies seek to answer these questions on the basis of the application of just war theory to the normative and practical issues concerning the secession struggles in these regions. The Introduction sets out the theoretical issues, and then each case study provides a rich mix of theoretical and empirical material, and some of the broader issues are then drawn together in the concluding chapter. The book focuses on four key themes that are central to the ethics of secession. The first examines normative issues, in particular the tension between 'choice' theories and those based on remedial 'just cause' arguments. The second discusses the problem of violence in secessionist struggles and the ensuing relationship between just war theory and the ethics of secession. The third problem is the relationship between nationhood and citizenship, and in particular the problem of applying what has now become a conventional distinction between ethnic and civic representations of the political community. Finally, the contentious issue of sovereignty and the way that it frames debates about self-determination. With each of these themes, the application of general moral principles to particular historical contexts opens up new avenues of research. This book is essential reading for those who wish to understand both the theoretical and practical issues concerning secession struggles in the world today.
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 1139450697
Category : Law
Languages : en
Pages : 19
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Book Description
The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.
Author: Costas Laoutides
Publisher: Routledge
ISBN: 1317057457
Category : Political Science
Languages : en
Pages : 290
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Book Description
The often violent emergence of new independent states following the end of the Cold War generated discussion about the normative grounds of territorial separatism. A number of opposing approaches surfaced debating whether and under which circumstances there is a right for a community to secede from its host country. Overwhelmingly, these studies placed emphasis on the right to secession and neglected the moral stance of secessionist movements as agents in international relations. In this book Costas Laoutides explores the collective moral agency involved in secessionist struggles offering a theoretical model for the collective responsibility of secessionist groups. Case-studies on the Kurds and the people of Moldova-Transdniestria illustrate the author’s theoretical arguments as he seeks to establish how, although the principle of self-determination was envisaged as a means of gradually bestowing political power upon the people, it never managed to realize its full potential because it was interpreted strictly within a framework of exclusionary politics of identity.
Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 239
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Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
Author: Trent J. MacDonald
Publisher: Edward Elgar Publishing
ISBN: 1788979389
Category : Electronic books
Languages : en
Pages : 353
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Book Description
Territorial political organisation forms the backbone of western liberal democracies. However, political economists are increasingly aware of how this form of government neglects the preferences of citizens, resulting in dramatic conflicts. The Political Economy of Non-Territorial Exit explores the theoretical possibility of ‘unbundling’ government functions and decentralising territorial governance.
Author: NA NA
Publisher: Springer
ISBN: 1137079843
Category : Science
Languages : en
Pages : 268
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Book Description
Author: Pau Bossacoma Busquets
Publisher: Springer Nature
ISBN: 3030265897
Category : Law
Languages : en
Pages : 393
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Book Description
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
