Justice Legitimacy And Self Determination

Author : Allen E. Buchanan
Publisher : Oxford University Press on Demand
Page : 507 pages
File Size : 47,7 Mb
Release : 2007
Category : Law
ISBN : 9780199297986

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Justice, Legitimacy, and Self-determination by Allen E. Buchanan Pdf

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,'human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, andrejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpowerpursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science,international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach orsubject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Author : Allen E. Buchanan
Publisher : Unknown
Page : 507 pages
File Size : 53,5 Mb
Release : 2003
Category : Electronic
ISBN : OCLC:475410833

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Justice, Legitimacy, and Self-Determination by Allen E. Buchanan Pdf

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 54,9 Mb
Release : 2003
Category : Electronic
ISBN : OCLC:475410833

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Justice, Legitimacy, and Self-Determination by Anonim Pdf

Author : Ulrike Barten
Publisher : Springer
Page : 295 pages
File Size : 40,5 Mb
Release : 2014-09-23
Category : Law
ISBN : 9783319088761

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Minorities, Minority Rights and Internal Self-Determination by Ulrike Barten Pdf

The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

Author : Anonim
Publisher : Unknown
Page : 260 pages
File Size : 43,7 Mb
Release : 1998
Category : Electronic
ISBN : OCLC:932377637

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Secession by Anonim Pdf

Author : Anna Moltchanova
Publisher : Springer Science & Business Media
Page : 224 pages
File Size : 52,9 Mb
Release : 2009-08-28
Category : Philosophy
ISBN : 9789048126910

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National Self-Determination and Justice in Multinational States by Anna Moltchanova Pdf

Substate nationalism, especially in the past fifteen years, has noticeably affected the political and territorial stability of many countries, both democratic and democratizing. Norms exist to limit the behavior of collective agents in relation to individuals; the set of universally accepted human rights provides a basic framework. There is a lacuna in international law, however, in the regulation of the behavior of groups toward other groups, with the exception of relations among states. The book offers a normative approach to moderate minority nationalism that treats minorities and majorities in multinational states justly and argues for the differentiation of group rights based on how group agents are constituted. It argues that group agency requires a shared set of beliefs concerning membership and the social ontology it offers ensures that group rights can be aligned with individual rights. It formulates a set of principles that, if adopted, would aid conflict resolution in multinational states. The book pays special attention to national self-determination in transitional societies. The book is intended for everyone in political philosophy and political science interested in global justice and international law and legal practitioners interested in normative issues and group rights

Author : Allen Buchanan
Publisher : OUP Oxford
Page : 528 pages
File Size : 44,7 Mb
Release : 2003-08-21
Category : Political Science
ISBN : 9780191522468

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Justice, Legitimacy, and Self-Determination by Allen Buchanan Pdf

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

Author : Paul Groarke
Publisher : Routledge
Page : 334 pages
File Size : 48,5 Mb
Release : 2018-01-18
Category : Law
ISBN : 9781351159708

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Dividing the State by Paul Groarke Pdf

The events of recent history affirm the urgent need for a satisfactory definition of the conditions under which a minority within a state has the legal right to secede. Although the concept of sovereignty has been progressively weakened, it still presents the major theoretical difficulty in this area. There is currently no source of international law that would give a legal body like a court the authority to recognize the division of an oppressive or illegitimate state into separate legal entities. This book accordingly argues for a global system of justice based on a domestic model of compulsory law. It considers some of the technical, procedural and evidentiary issues that would arise in instituting such a regime, and develops the conceptual framework essential for the provision of legal remedies for gross violations of our fundamental human rights.

Author : Christopher Heath Wellman
Publisher : Cambridge University Press
Page : 224 pages
File Size : 51,5 Mb
Release : 2005-09-05
Category : Law
ISBN : 0521849152

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A Theory of Secession by Christopher Heath Wellman Pdf

This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.

Author : Iris Marion Young
Publisher : Polity
Page : 224 pages
File Size : 49,5 Mb
Release : 2006-02-10
Category : Political Science
ISBN : 9780745638355

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Global Challenges by Iris Marion Young Pdf

In the late twentieth century many writers and activists envisioned new possibilities of transnational cooperation toward peace and global justice. In this book Iris Marion Young aims to revive such hopes by responding clearly to what are seen as the global challenges of the modern day. Inspired by claims of indigenous peoples, the book develops a concept of self-determination compatible with stronger institutions of global regulation. It theorizes new directions for thinking about federated relationships between peoples which assume that they need not be large or symmetrical. Young argues that the use of armed force to respond to oppression should be rare, genuinely multilateral, and follow a model of law enforcement more than war. She finds that neither cosmopolitan nor nationalist responses to questions of global justice are adequate and so offers a distinctive conception of responsibility, founded on participation in social structures, to describe the obligations that both individuals and organizations have in a world of global interdependence. Young applies clear analysis and cogent moral arguments to concrete cases, including the wars against Serbia and Iraq, the meaning of the US Patriot Act, the conflict in Palestine/Israel, and working conditions in sweat shops.

Author : Fernando R. Tesón
Publisher : Cambridge University Press
Page : 259 pages
File Size : 52,8 Mb
Release : 2016-04-07
Category : Law
ISBN : 9781316483367

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The Theory of Self-Determination by Fernando R. Tesón Pdf

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

Author : Jorge Valadez
Publisher : Routledge
Page : 404 pages
File Size : 44,6 Mb
Release : 2018-03-09
Category : Political Science
ISBN : 9780429980695

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Deliberative Democracy, Political Legitimacy, And Self-determination In Multi-cultural Societies by Jorge Valadez Pdf

Most foundational works in political philosophy have made fundamentally false and far-reaching assumptions concerning the culturally homogeneous character of the polity.Deliberative Democracy, Political Legitimacy, andSelf-Determination in Multicultural Societies provides a much needed corrective to conventional accounts of the normative foundations of the state by reconceptualizing some of the fundamental issues in political theory from a perspective that recognizes the culturally pluralistic character of contemporary democracies. Among the issues considered are democratic deliberation in multicultural societies, the justification and function of political communities, the nature of self-determination, the justification of cultural rights, and the moral rationale for regional self-governance and secession. This work is suitable for graduate and upper-division undergraduate courses in political philosophy and political science, as well as the lay reader interested in understanding the major sources of conflict and instability in democratic societies.

Author : Joshua Castellino
Publisher : BRILL
Page : 310 pages
File Size : 52,6 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004480896

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International Law and Self-Determination by Joshua Castellino Pdf

The principle of self-determination has at heart the achievement of true representation and democracy based on the idea that the consent of the governed alone can give government legitimacy. The principle was primarily responsible for the decolonisation process that shaped our current international community. `Self-determination' has been used in equal rhetorical brilliance by a number of leaders - some meritorious, with a genuine concern for human emancipation, others dubious, with ascendancy to power at the heart of their project. In any case, `self-determination' has come to mean different things in different contexts. Being a vital principle, especially in the post-colonial state, it is one factor that represents a threat to world order while at the same time holding out the promise of longer-term peace and security based on values of democracy, equity and justice. This book looks at the intricacies of the norm in its current ambiguous manifestation and seeks to deconstruct it with regard to three particularly inter-related discourses: that of minority rights, statehood and sovereignty, and the doctrine of uti possidetis which shaped the modern post-colonial state. These norms are then analysed further within two case studies. One, concerning the creation of Bangladesh where `self-determination' was achieved. The second, examines the situation in the Western Sahara where `self-determination' (whatever its manifestation) is yet to be expressed. In the course of these case studies we seek to highlight the problematic nature of `national identity' and the `self' in settings far removed from post-Westphalian Europe.

Author : Henry S. Richardson
Publisher : Oxford University Press, USA
Page : 332 pages
File Size : 45,9 Mb
Release : 2002
Category : Law
ISBN : 0195150910

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Democratic Autonomy by Henry S. Richardson Pdf

Henry Richardson builds a convincing case for a qualified populism and for a strong form of deliberative democracy based on liberal and republican premises.

Author : Burke A. Hendrix
Publisher : Penn State Press
Page : 231 pages
File Size : 49,9 Mb
Release : 2010-11-01
Category : Political Science
ISBN : 9780271047669

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Ownership, Authority, and Self-Determination by Burke A. Hendrix Pdf