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Legal Philosophy
Many recent political and economic transformations pose difficult questions of legal and social theory. Yet, although these questions are now raised with new urgency, the basic questions are not new. They have long been central features of legal and social philosophy in its most general form. What principles explain or justify legal institutions or decisions, thereby transforming coercion to authority? Are there or could there be any such universal principles? Can any philosophical theory account for such principles? How, if at all, do philosophical theories of law and politics apply to particular issues? And finally, what, if any, do such practical applications tell us about general theories and principles? The essays in this volume represent the efforts of an international group of scholars to understand these general aspects of legal philosophy.
Deconstructing Habermas
This book is the first book-length deconstructive study of the political philosophy of Jürgen Habermas. Inspired by the work of Jacques Derrida, the book applies deconstruction to key issues in Habermas’s work: rational discourse and rational consensus, constitutional democracy, tolerance and civil disobedience. The war in Iraq brought Habermas and Derrida together in defense of international law and in favor of a bigger role for a united Europe in international affairs. Yet, despite the rapprochement between Habermas and Derrida in the years prior to Derrida’s death, important differences remain between Habermas’s critical theory and Derrida’s deconstruction. These differences reflect differences between post-structuralism and critical theory and between postmodernists and the defenders of modernity.
Contested Constitutionalism
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Cultural Practices, Political Possibilities
Culture has long been regarded as one of the most complicated concepts in the social sciences, possibly over theorized. Its ubiquity, tangled senses of particularity and the almost universal recognition of that assumed particularity require an extended vocabulary for framing the politics embedded in it. Cultural Practices, Political Possibilities attempts to explain the political significance and overlaps of cultural constructions as witnessed in global-local clashes, convergences of texts and contexts, within the state and community, identity and the self. Through various case-studies, concepts and interdisciplinary perspectives, the multinational group of authors from diverse academic backgrounds interprets cultural constructions of politics as factionalizing, identitarian, situational and particularistic in their links, affirmations and consequential divides. Each contribution, in its unique way explores the performative asymmetries and contradictions witnessed in diverse cultural interactions that shape new areas of political investigation. The book will be welcomed by students of international relations, environmental politics, sociology, anthropology and cultural studies.
The United Nations Charter as the Constitution of the International Community
The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
From Maastricht to Brexit
Is the European Union still a viable project? The last few years have been difficult both economically and politically, while its integrative function and legitimacy have been seriously tested. For many social, economic and geo-political reasons, its expansionary moment has stopped abruptly. On the contrary, the Greek economic crisis and the Brexit referendum have raised the spectre of fragmentation and political disintegration. The promise of the EU as a possible model for legitimate governance beyond the nation state lies somewhat in tatters. Even if the EU may indeed survive most of its current crises, is the project of a EU as a normative project beyond rescue? Ever since Maastricht, the...
Scales of Justice
Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to explicit dispute. Today, the scope of justice is hotly contested, as human-rights activists and international feminists join critics of structural adjustment and the WTO in targeting injustices that cut across borders. Seeking to re-map the bounds of justice on a broader scale, these movements are challenging the view that justice can only be a domestic relation among fellow citizens. As their claims collide with those of nationalists and Westphalian...
Law, Justice, Democracy, and the Clash of Cultures
The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.
Patriotism
Economic and cultural globalization and the worldwide threat of terrorism have contributed to the resurgence of patriotic loyalty in many parts of the world and made the issues it raises highly topical. This collection of new essays by philosophers and political theorists engages with a wide range of conceptual, moral and political questions raised by the current revival of patriotism. It displays both similarities and differences between patriotism and nationalism, and considers the proposal of Habermas and others to disconnect the two. Ideal as a supplementary reader for undergraduate and postgraduate courses in politics/political science especially in political theory, contemporary political ideologies and nationalism and in philosophy for courses on applied ethics and political philosophy.
Shari'a in the West
Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.
