Michael Keating
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240760
- eISBN:
- 9780191599644
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240760.001.0001
- Subject:
- Political Science, Comparative Politics
Nationality claims are often seen as zero‐sum politics involving incompatible conceptions of the polity. Nationalism and self‐determination are seen as equivalent to separatism. Rethinking the ...
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Nationality claims are often seen as zero‐sum politics involving incompatible conceptions of the polity. Nationalism and self‐determination are seen as equivalent to separatism. Rethinking the concepts of nationality, self‐determination, and sovereignty and placing them in a historic context allows us to treat them as more tractable and as a form of politics. This is done through a study of the UK, Spain, Belgium, and Canada. Traditions of shared sovereignty are rediscovered. Analysis of the demands of minority nationalisms shows that these do not always entail separate statehood. Public opinion is more open than often assumed. Asymmetrical constitutional arrangements provide a means of accommodating plural national claims. The emerging European polity is a model for a post‐sovereign order in which legal pluralism and constitutional diversity can accommodate multiple nationality claims.Less
Nationality claims are often seen as zero‐sum politics involving incompatible conceptions of the polity. Nationalism and self‐determination are seen as equivalent to separatism. Rethinking the concepts of nationality, self‐determination, and sovereignty and placing them in a historic context allows us to treat them as more tractable and as a form of politics. This is done through a study of the UK, Spain, Belgium, and Canada. Traditions of shared sovereignty are rediscovered. Analysis of the demands of minority nationalisms shows that these do not always entail separate statehood. Public opinion is more open than often assumed. Asymmetrical constitutional arrangements provide a means of accommodating plural national claims. The emerging European polity is a model for a post‐sovereign order in which legal pluralism and constitutional diversity can accommodate multiple nationality claims.
Christian Joppke
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198292296
- eISBN:
- 9780191599569
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292295.003.0001
- Subject:
- Political Science, International Relations and Politics
This introductory chapter presents a brief discussion on the challenges of migration to the nation-state. It then describes the nine studies in the book dealing with the challenges posed by ...
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This introductory chapter presents a brief discussion on the challenges of migration to the nation-state. It then describes the nine studies in the book dealing with the challenges posed by immigration to the nation-state, transnationalising of immigration policy, EU migration, American citizenship, citizenship policies and debates in Western Europe, post-national membership, and multicultural race relations in Britain.Less
This introductory chapter presents a brief discussion on the challenges of migration to the nation-state. It then describes the nine studies in the book dealing with the challenges posed by immigration to the nation-state, transnationalising of immigration policy, EU migration, American citizenship, citizenship policies and debates in Western Europe, post-national membership, and multicultural race relations in Britain.
Andrew Altman and Christopher Heath Wellman
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199564415
- eISBN:
- 9780191721434
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564415.001.0001
- Subject:
- Political Science, Political Theory, International Relations and Politics
This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal ...
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This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.Less
This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.
Andrew Altman and Christopher Heath Wellman
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199564415
- eISBN:
- 9780191721434
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564415.003.0008
- Subject:
- Political Science, Political Theory, International Relations and Politics
This chapter summarizes the book's argument. It has argued that legitimate states have a moral right to self-determination and that this right is inherently collective to “groups” or “societies”, ...
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This chapter summarizes the book's argument. It has argued that legitimate states have a moral right to self-determination and that this right is inherently collective to “groups” or “societies”, irreducible to the individual rights of the people who constitute them. This right to self-determination is a full-blown right to sovereignty and is also a moral right, the book has contended.Less
This chapter summarizes the book's argument. It has argued that legitimate states have a moral right to self-determination and that this right is inherently collective to “groups” or “societies”, irreducible to the individual rights of the people who constitute them. This right to self-determination is a full-blown right to sovereignty and is also a moral right, the book has contended.
Alexis Keller
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199275359
- eISBN:
- 9780191603686
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199275351.003.0003
- Subject:
- Political Science, International Relations and Politics
According to Keller, we have no hope of explaining what is or is not a Just Peace in global relations unless we pay more attention to the intellectual context in which international law was formed. ...
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According to Keller, we have no hope of explaining what is or is not a Just Peace in global relations unless we pay more attention to the intellectual context in which international law was formed. From its birth in the 16th century, there was a progressive retreat by Europeans from conceding sovereign rights to specific non-European peoples, to then only recognizing a conditional sovereignty, and eventually to denying any right to self-determination of non-white peoples. However, there was a tradition of thought that recognized and accommodated cultural diversity that can be found in the writings of Montesquieu and Rousseau, among others. This chapter argues that these writers proposed one of the cornerstones of the concept of a Just Peace, the principle of recognition. This notion was developed from an effort to understand another’s point of view and an appreciation of otherness.Less
According to Keller, we have no hope of explaining what is or is not a Just Peace in global relations unless we pay more attention to the intellectual context in which international law was formed. From its birth in the 16th century, there was a progressive retreat by Europeans from conceding sovereign rights to specific non-European peoples, to then only recognizing a conditional sovereignty, and eventually to denying any right to self-determination of non-white peoples. However, there was a tradition of thought that recognized and accommodated cultural diversity that can be found in the writings of Montesquieu and Rousseau, among others. This chapter argues that these writers proposed one of the cornerstones of the concept of a Just Peace, the principle of recognition. This notion was developed from an effort to understand another’s point of view and an appreciation of otherness.
David P. Gauthier
- Published in print:
- 1979
- Published Online:
- March 2012
- ISBN:
- 9780198246169
- eISBN:
- 9780191680939
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198246169.001.0001
- Subject:
- Philosophy, History of Philosophy, Political Philosophy
This book presents the most plausible reading of Thomas Hobbes's moral and political theory based on his book, Leviathan. Hobbes constructs a political theory that bases unlimited political authority ...
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This book presents the most plausible reading of Thomas Hobbes's moral and political theory based on his book, Leviathan. Hobbes constructs a political theory that bases unlimited political authority on unlimited individualism. The conclusion requires the premiss; anything less than unlimited individualism would justify only limited political authority. But the premiss is too strong for the conclusions; as this book shows, from unlimited individualism only anarchy follows. The theory is a failure. But it has two outstanding merits. First of all, Hobbes introduces a number of important moral and political concepts that deserve our attention. Obligation is his basic moral concept, while authorisation is his basic political concept. Hobbes relies neither on the goodwill of men – their willingness to consider each other's interests for their own sake, and not as means to self-satisfaction – nor on the efficacy of institutions, as the means of both concentrating and limiting political power. Aside from political and moral theory, the book explores Hobbes's views on the nature of man, sovereignty, and God.Less
This book presents the most plausible reading of Thomas Hobbes's moral and political theory based on his book, Leviathan. Hobbes constructs a political theory that bases unlimited political authority on unlimited individualism. The conclusion requires the premiss; anything less than unlimited individualism would justify only limited political authority. But the premiss is too strong for the conclusions; as this book shows, from unlimited individualism only anarchy follows. The theory is a failure. But it has two outstanding merits. First of all, Hobbes introduces a number of important moral and political concepts that deserve our attention. Obligation is his basic moral concept, while authorisation is his basic political concept. Hobbes relies neither on the goodwill of men – their willingness to consider each other's interests for their own sake, and not as means to self-satisfaction – nor on the efficacy of institutions, as the means of both concentrating and limiting political power. Aside from political and moral theory, the book explores Hobbes's views on the nature of man, sovereignty, and God.
Vivien A. Schmidt
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780199266975
- eISBN:
- 9780191709012
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199266975.003.0002
- Subject:
- Political Science, European Union
This chapter argues that it would do better to conceive of the EU as a regional state in the making, and as such as a regional union of nation-states in which the creative tension between the Union ...
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This chapter argues that it would do better to conceive of the EU as a regional state in the making, and as such as a regional union of nation-states in which the creative tension between the Union and its member-states ensures both ever-increasing regional integration and ever-continuing national differentiation. It considers the EU’s move to regional sovereignty, the variability of the EU’s regional boundaries, the composite character of EU identity, the compound framework, and the fragmented nature of the EU’s democracy. It ends with a discussion of the real sources of the democratic deficit in the EU, linked to the lack of ideas and discourse about national democracy, and how this affects simple and compound national polities.Less
This chapter argues that it would do better to conceive of the EU as a regional state in the making, and as such as a regional union of nation-states in which the creative tension between the Union and its member-states ensures both ever-increasing regional integration and ever-continuing national differentiation. It considers the EU’s move to regional sovereignty, the variability of the EU’s regional boundaries, the composite character of EU identity, the compound framework, and the fragmented nature of the EU’s democracy. It ends with a discussion of the real sources of the democratic deficit in the EU, linked to the lack of ideas and discourse about national democracy, and how this affects simple and compound national polities.
Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Robert Schütze
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199238583
- eISBN:
- 9780191716539
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238583.001.0001
- Subject:
- Law, EU Law
What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find “unity in diversity”. The two most influential ...
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What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find “unity in diversity”. The two most influential manifestations of the federal principle emerged under the names of “dual” and “cooperative” federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book’s General Part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the “middle ground” between international and national law.Less
What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find “unity in diversity”. The two most influential manifestations of the federal principle emerged under the names of “dual” and “cooperative” federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book’s General Part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the “middle ground” between international and national law.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0001
- Subject:
- Political Science, International Relations and Politics
Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged ...
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Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged conflict between sovereignty and human rights has been addressed in one of two ways: through an evolution in the notion of sovereignty, from ‘sovereignty as authority’ to ‘sovereignty as responsibility’; and through an expanded definition of what constitutes a threat to international peace and security under Chapter VII of the UN Charter. Second, despite this new climate of permissiveness, humanitarian intervention remains a controversial norm in international relations – largely because of continued opposition from certain members of international society, and concerns about its potentially negative consequences. Third, while the post Cold War period has seen some successful cases of intervention to address humanitarian catastrophes, the current capability of international organizations to undertake humanitarian interventions remains limited. Indeed, as the book demonstrates, the issue of humanitarian intervention has the potential to divide international institutions such as the UN and damage their credibility.Less
Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged conflict between sovereignty and human rights has been addressed in one of two ways: through an evolution in the notion of sovereignty, from ‘sovereignty as authority’ to ‘sovereignty as responsibility’; and through an expanded definition of what constitutes a threat to international peace and security under Chapter VII of the UN Charter. Second, despite this new climate of permissiveness, humanitarian intervention remains a controversial norm in international relations – largely because of continued opposition from certain members of international society, and concerns about its potentially negative consequences. Third, while the post Cold War period has seen some successful cases of intervention to address humanitarian catastrophes, the current capability of international organizations to undertake humanitarian interventions remains limited. Indeed, as the book demonstrates, the issue of humanitarian intervention has the potential to divide international institutions such as the UN and damage their credibility.
Henry Shue
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0002
- Subject:
- Political Science, International Relations and Politics
Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to ...
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Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to sovereignty and non-intervention have always been tempered by considerations above and beyond the state. Philosophically, it must be remembered that sovereignty is a right, and the concept of a right makes no sense in the absence of a corresponding duty. The duties that are constitutive of the rights of sovereignty constrain the behaviour of every sovereign belonging to international society. Two conclusions follow. First, there are limits on how states may treat their own citizens within their own territory. Second, other states face specific limits concerning the ill-treatment of residents within the territory of other states that they are free to ignore. In particular, genocide and massive violations of human rights are a matter of concern for all states in contemporary international society.Less
Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to sovereignty and non-intervention have always been tempered by considerations above and beyond the state. Philosophically, it must be remembered that sovereignty is a right, and the concept of a right makes no sense in the absence of a corresponding duty. The duties that are constitutive of the rights of sovereignty constrain the behaviour of every sovereign belonging to international society. Two conclusions follow. First, there are limits on how states may treat their own citizens within their own territory. Second, other states face specific limits concerning the ill-treatment of residents within the territory of other states that they are free to ignore. In particular, genocide and massive violations of human rights are a matter of concern for all states in contemporary international society.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0004
- Subject:
- Political Science, International Relations and Politics
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ...
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Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.Less
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.
Christian Joppke
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198292296
- eISBN:
- 9780191599569
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292295.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the two main challenges posed by immigration to the nation-state: sovereignty and citizenship. It examines two opposing views on the origins of the current migration crisis, ...
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This chapter discusses the two main challenges posed by immigration to the nation-state: sovereignty and citizenship. It examines two opposing views on the origins of the current migration crisis, where Western states accept more (de facto) immigrants than their respective policies allow — globally limited sovereignty and self-limited sovereignty. The challenge to citizenship as a legal status, associated with the rise of post-national membership, is distinguished from the challenge to citizenship as an identity, which is associated with multicultural identity politics.Less
This chapter discusses the two main challenges posed by immigration to the nation-state: sovereignty and citizenship. It examines two opposing views on the origins of the current migration crisis, where Western states accept more (de facto) immigrants than their respective policies allow — globally limited sovereignty and self-limited sovereignty. The challenge to citizenship as a legal status, associated with the rise of post-national membership, is distinguished from the challenge to citizenship as an identity, which is associated with multicultural identity politics.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially ...
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. This book establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a “presumption of liberty” to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. It also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. The book disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.Less
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. This book establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a “presumption of liberty” to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. It also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. The book disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Neil Fligstein
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199580859
- eISBN:
- 9780191702297
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580859.001.0001
- Subject:
- Political Science, European Union
The European Union's (EU) market integration project has dramatically altered economic activity around Europe. This book presents evidence on how trade has increased, jobs have been created, and ...
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The European Union's (EU) market integration project has dramatically altered economic activity around Europe. This book presents evidence on how trade has increased, jobs have been created, and European business has been reorganized. The changes in the economy have been accompanied by dramatic changes in how people from different societies interact. This book argues that these changes have produced a truly transnational European society. The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes — but not always — think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall.Less
The European Union's (EU) market integration project has dramatically altered economic activity around Europe. This book presents evidence on how trade has increased, jobs have been created, and European business has been reorganized. The changes in the economy have been accompanied by dramatic changes in how people from different societies interact. This book argues that these changes have produced a truly transnational European society. The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes — but not always — think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0001
- Subject:
- Law, Public International Law, EU Law
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ ...
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This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).Less
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).
Maurizio Ferrera
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199284665
- eISBN:
- 9780191603273
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199284660.001.0001
- Subject:
- Political Science, Political Economy
To what extent and in what ways have European integration redrawn the boundaries of national welfare states? What are the effects of such redrawing? These questions are interesting and relevant ...
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To what extent and in what ways have European integration redrawn the boundaries of national welfare states? What are the effects of such redrawing? These questions are interesting and relevant because boundaries “count”: they are a pre-requisite for bonding individuals, groups, and territorial units, and for activating or strengthening their dispositions to share. Historically, welfare state formation can be read as a process of boundary-building — essentially through the establishment of compulsory public insurance schemes. European integration has prompted a reversal of this process: free movement and competition rules have in fact started to challenge the traditional bounding prerogatives of the nation-state in the social sphere. Today, the EU constrains not only the scope and content of bounding decisions (who is entitled to share what), but also the very “right to bound” in the first place. Such constraints have far reaching economic and financial implications. But their social and political implications may be even greater, given the importance of nation-based social sharing for material life chances, cultural identities and legitimation dynamics. As shown by the chapters in this book, reshuffling the “boundaries of welfare” can destabilise the basic architecture of Europe’s national societies and political systems. In order to counter this destabilisation, a carefully designed strategy of institutional reform is needed, capable of reconciling “solidarity” and “Europe” through stronger citizenship rights and more socially friendly regulatory instruments.Less
To what extent and in what ways have European integration redrawn the boundaries of national welfare states? What are the effects of such redrawing? These questions are interesting and relevant because boundaries “count”: they are a pre-requisite for bonding individuals, groups, and territorial units, and for activating or strengthening their dispositions to share. Historically, welfare state formation can be read as a process of boundary-building — essentially through the establishment of compulsory public insurance schemes. European integration has prompted a reversal of this process: free movement and competition rules have in fact started to challenge the traditional bounding prerogatives of the nation-state in the social sphere. Today, the EU constrains not only the scope and content of bounding decisions (who is entitled to share what), but also the very “right to bound” in the first place. Such constraints have far reaching economic and financial implications. But their social and political implications may be even greater, given the importance of nation-based social sharing for material life chances, cultural identities and legitimation dynamics. As shown by the chapters in this book, reshuffling the “boundaries of welfare” can destabilise the basic architecture of Europe’s national societies and political systems. In order to counter this destabilisation, a carefully designed strategy of institutional reform is needed, capable of reconciling “solidarity” and “Europe” through stronger citizenship rights and more socially friendly regulatory instruments.
Iain McLean and Alistair McMillan
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199258208
- eISBN:
- 9780191603334
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199258201.001.0001
- Subject:
- Political Science, UK Politics
This is the first survey of Unionism, the ideology of most of the rulers of the United Kingdom for the past 300 years. Because it was taken so much for granted, it has never been properly studied. In ...
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This is the first survey of Unionism, the ideology of most of the rulers of the United Kingdom for the past 300 years. Because it was taken so much for granted, it has never been properly studied. In the twilight of Unionism, it is possible to see its long shadow over British and imperial history since 1707. The book studies the crucial time points at which the Union was built up and partly taken down: 1707, 1800, 1886, 1921, 1974, and 1997 to date. Primordial Unionism (the belief that the union is good in and for itself) now survives only in Northern Ireland. Instrumental Unionism supported the Union as a means to other ends, such as the Empire and the Welfare State; but the first is gone and the second is now evolving differently in the four territories of the UK. Representation and finance are the unsolved, and arguably insoluble problems of the post-1997 devolution settlement.Less
This is the first survey of Unionism, the ideology of most of the rulers of the United Kingdom for the past 300 years. Because it was taken so much for granted, it has never been properly studied. In the twilight of Unionism, it is possible to see its long shadow over British and imperial history since 1707. The book studies the crucial time points at which the Union was built up and partly taken down: 1707, 1800, 1886, 1921, 1974, and 1997 to date. Primordial Unionism (the belief that the union is good in and for itself) now survives only in Northern Ireland. Instrumental Unionism supported the Union as a means to other ends, such as the Empire and the Welfare State; but the first is gone and the second is now evolving differently in the four territories of the UK. Representation and finance are the unsolved, and arguably insoluble problems of the post-1997 devolution settlement.
Ken Gemes and Simon May (eds)
- Published in print:
- 2009
- Published Online:
- September 2010
- ISBN:
- 9780199231560
- eISBN:
- 9780191716119
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231560.001.0001
- Subject:
- Philosophy, General
The principal aim of this book is to elucidate what freedom, sovereignty, and autonomy mean for Nietzsche and what philosophical resources he gives us to re-think these crucial concepts. A related ...
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The principal aim of this book is to elucidate what freedom, sovereignty, and autonomy mean for Nietzsche and what philosophical resources he gives us to re-think these crucial concepts. A related aim is to examine how Nietzsche connects these concepts to his thoughts about life-affirmation, self-love, promise-making, agency, the ‘will to nothingness’, and the ‘eternal recurrence’, as well as to his search for a ‘genealogical’ understanding of morality. These twelve chapters by leading Nietzsche scholars ask such key questions as: Can we reconcile his rejection of free will with his positive invocations of the notion of free will? How does Nietzsche's celebration of freedom and free spirits sit with his claim that we all have an unchangeable fate? What is the relation between his concepts of freedom and self-overcoming?Less
The principal aim of this book is to elucidate what freedom, sovereignty, and autonomy mean for Nietzsche and what philosophical resources he gives us to re-think these crucial concepts. A related aim is to examine how Nietzsche connects these concepts to his thoughts about life-affirmation, self-love, promise-making, agency, the ‘will to nothingness’, and the ‘eternal recurrence’, as well as to his search for a ‘genealogical’ understanding of morality. These twelve chapters by leading Nietzsche scholars ask such key questions as: Can we reconcile his rejection of free will with his positive invocations of the notion of free will? How does Nietzsche's celebration of freedom and free spirits sit with his claim that we all have an unchangeable fate? What is the relation between his concepts of freedom and self-overcoming?
Michael Keating
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240760
- eISBN:
- 9780191599644
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240760.003.0001
- Subject:
- Political Science, Comparative Politics
The concepts of nation and state must be separated conceptually. Nation should be understood as a normative concept based on a claim to self‐determination. This does not mean the creation of a state, ...
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The concepts of nation and state must be separated conceptually. Nation should be understood as a normative concept based on a claim to self‐determination. This does not mean the creation of a state, but rather the right to negotiate one's status within the state and constitutional order. State sovereignty, always a difficult concept, is being transformed by changes in the state and transnational integration. This opens up the possibility of shared and divided sovereignty as a way of reconciling nationality claims.Less
The concepts of nation and state must be separated conceptually. Nation should be understood as a normative concept based on a claim to self‐determination. This does not mean the creation of a state, but rather the right to negotiate one's status within the state and constitutional order. State sovereignty, always a difficult concept, is being transformed by changes in the state and transnational integration. This opens up the possibility of shared and divided sovereignty as a way of reconciling nationality claims.
