Judicial Cosmopolitanism
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Author | : Giuseppe Franco Ferrari |
Publisher | : BRILL |
Total Pages | : 915 |
Release | : 2019-09-24 |
Genre | : Law |
ISBN | : 9004297596 |
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. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Author | : Helge Dedek |
Publisher | : Cambridge University Press |
Total Pages | : 325 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108841724 |
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author | : Gillian Brock |
Publisher | : Oxford University Press, USA |
Total Pages | : 383 |
Release | : 2009-01-08 |
Genre | : Philosophy |
ISBN | : 0199230935 |
Gillian Brock develops a model of global justice that takes seriously the moral equality of all human beings notwithstanding their legitimate diverse identifications and affiliations. She addresses concerns about implementing global justice, showing how we can move from theory to feasible public policy that makes progress toward global justice.
Author | : Paul Schiff Berman |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2012-02-27 |
Genre | : Law |
ISBN | : 1107376912 |
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 | : H. Patrick Glenn |
Publisher | : Oxford University Press, USA |
Total Pages | : 408 |
Release | : 2004 |
Genre | : Law |
ISBN | : |
Previous edition, 1st, published in 2000.
Author | : Amrei Müller |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2017-05-25 |
Genre | : Law |
ISBN | : 1107173582 |
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Author | : Richard Beardsworth |
Publisher | : John Wiley & Sons |
Total Pages | : 299 |
Release | : 2013-04-16 |
Genre | : Political Science |
ISBN | : 0745637302 |
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.
Author | : Garrett W. Brown |
Publisher | : Polity |
Total Pages | : 490 |
Release | : 2010-12-28 |
Genre | : Philosophy |
ISBN | : 0745648711 |
In response to a renewed cosmopolitan enthusiasm, this volume brings together 25 essays in the development of cosmopolitan thought by distinguished cosmopolitan thinkers and critics. It looks at classical cosmopolitanism, global justice, culture and cosmopolitanism, political cosmopolitanism and cosmopolitan global governance.
Author | : Cecilia Bailliet |
Publisher | : Taylor & Francis |
Total Pages | : 257 |
Release | : 2011-04 |
Genre | : Law |
ISBN | : 1136741380 |
Cosmopolitan Justice and its Discontents provides a multidisciplinary perspective on the legal and ethical implications of cosmopolitanism.
Author | : Luis Cabrera |
Publisher | : Taylor & Francis |
Total Pages | : 236 |
Release | : 2006-02-03 |
Genre | : Education |
ISBN | : 9780415770668 |
This book offers a moral argument for world government, claiming that not only do we have strong obligations to people elsewhere, but that accountable integration among nation-states will help ensure all persons can lead a decent life.