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Legitimacy of Unseen Actors in International Adjudication
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
Ideology and International Institutions
Can international institutions help create more cooperative and peaceful relations between states? If so, how? And what motivates states to create meaningful institutions in the first place? Though theorists and researchers have approached these questions from different schools of thought, the commonality among them is that institutions are apolitical and their purpose is to assure common gains or develop shared social norms and identities. Institutions succeed if they rise above petty power politics and fail when they succumb to political confrontations. In this book, Erik Voeten offers a new broader understanding of international institutions. Current theories offer conflicting portraits o...
Constitutional Essentials
"We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable...
Religion in Modern Societies
In Religion in Modern Societies, Gunnar Skirbekk examines the challenging relationship between religion, science, and the state, and explores literature on religion in Western and Muslim-majority societies. Through the lens of modernity theory and the perspective of philosophy of science, key issues are discussed, including freedom of expression and the interaction between religion and modern institutions. Chapters include: • Science and Religion • The Problem of Evil • Freedom of Expression • Multiculturalism and the Welfare State • Religion as Social Integration • Islam in a Historical Class Perspective The topics discussed are universal issues which in principle hold relevance for all of us living in a modern science-based world and societies in crisis. This volume is essential reading to those with an interest in philosophy of religion, religion and science, the work of Jürgen Habermas, the theory of modernization, and the politicization of religion.
Constitutional Public Reason
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance...
International Criminal Jurisdiction
"Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--
Public Reason and Courts
A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
Legitimation and Delegitimation in Global Governance
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. The legitimacy of global governance institutions is both contested and defended in contemporary global politics. Legitimation and Delegitimation in Global Governance explores processes of legitimation and delegitimation of such institutions. How, why, and with what impact on audiences, are global governance institutions legitimated and delegitimated? The book develops a comprehensive theoretical framework for studying processes of (de)legitimation in governance beyond ...
Crime and Global Justice
Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?
For the People?
Many observers of American politics believe that representative government, particularly in the Congress, is failing. This book examines the case for failure: what are the outward signs, and how do they reflect breaches of underlying norms of fair and effective representation? The book argues that good representation demands healthy competition between parties, but that in today's America, that competition has run off the rails.
