Morality And Legality Of Secession
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Morality And Legality Of Secession
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Author : Pau Bossacoma Busquets
language : en
Publisher: Springer Nature
Release Date : 2019-11-19
Morality And Legality Of Secession written by Pau Bossacoma Busquets and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Law categories.
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Secession
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Author : Allen Buchanan
language : en
Publisher: Westview Press
Release Date : 1991-09-25
Secession written by Allen Buchanan and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-09-25 with Philosophy categories.
This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.
Between Democracy And Law
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Author : Carlos Closa
language : en
Publisher: Routledge
Release Date : 2019-09-30
Between Democracy And Law written by Carlos Closa and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-30 with Law categories.
This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
Constitutional Law And Politics Of Secession
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Author : Antoni Abat i Ninet
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31
Constitutional Law And Politics Of Secession written by Antoni Abat i Ninet and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Law categories.
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
A Theory Of Secession
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Author : Christopher Heath Wellman
language : en
Publisher: Cambridge University Press
Release Date : 2005-09-05
A Theory Of Secession written by Christopher Heath Wellman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-05 with Law categories.
This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.
Justice Legitimacy And Self Determination
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Author : Allen Buchanan
language : en
Publisher: OUP Oxford
Release Date : 2003-08-21
Justice Legitimacy And Self Determination written by Allen Buchanan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-21 with Political Science categories.
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
A Theory Of Secession
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Author : Christopher Heath Wellman
language : en
Publisher: Cambridge University Press
Release Date : 2005-09-05
A Theory Of Secession written by Christopher Heath Wellman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-05 with Philosophy categories.
First published in 2005, A Theory of Secession: The Case for Political Self-Determination offers an unapologetic defense of the right to secede. Christopher Heath Wellman argues that any group has a moral right to secede as long as its political divorce will leave it and the remainder state in a position to perform the requisite political functions. He explains that there is nothing contradictory about valuing legitimate states, while permitting their division. Once political states are recognized as valuable because of the functions that they are uniquely suited to perform, it becomes apparent that the territorial boundaries of existing states might permissably be redrawn as long as neither the process, nor the result of this reconfiguration, interrupts the production of the crucial political benefits. Thus, if one values self-determination, then one has good reason to conclude that people have a right to determine their political boundaries.
Justice Legitimacy And Self Determination
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Author : Allen E. Buchanan
language : en
Publisher:
Release Date : 2003
Justice Legitimacy And Self Determination written by Allen E. Buchanan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
Secession As An International Phenomenon
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Author : Don Harrison Doyle
language : en
Publisher: University of Georgia Press
Release Date : 2010
Secession As An International Phenomenon written by Don Harrison Doyle and has been published by University of Georgia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
About half of today’s nation-states originated as some kind of breakaway state. The end of the Cold War witnessed a resurgence of separatist activity affecting nearly every part of the globe and stimulated a new generation of scholars to consider separatism and secession. With the approach of the 150th anniversary of the American Civil War, this collection of essays allows us to view one of the bloodiest conflicts over secession in modern history within a broader international context. The contributors to this volume consider a wide range of topics related to secession, separatism, and the nationalist passions that inflame such conflicts. The first section of the book examines ethical and moral dimensions of secession, while subsequent sections look at the American Civil War, conflicts in the Gulf of Mexico, European separatism, and conflicts in the Middle East, Asia, and Africa. The contributors to this book have no common position advocating or opposing secession in principle or in any particular case. All understand it, however, as a common feature of the modern world and as a historic phenomenon of international scope. Some contributors propose that “political divorce,” as secession has come to be called, ought to be subject to rational arbitration and ethical norms, instead of being decided by force. Along with these hopes for the future, Secession as an International Phenomenon offers a somber reminder of the cost the United States paid when reason failed and war was left to resolve the issue.
Contextualizing Secession
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Author : Bruno Coppieters
language : en
Publisher: OUP Oxford
Release Date : 2003-07-17
Contextualizing Secession written by Bruno Coppieters and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-17 with Political Science categories.
In a world where the traditional territorial organisation of the state is coming under increasing challenge from pressures from above (globalisation) and from below (struggles for federalisation and secession), the theoretical and practical questions concerning secessionist struggles become ever more acute. It is these questions that this volume addresses. Why do some struggles for autonomy take acute forms, above all violent struggles for secession (for example, Chechnya), while others remain within the framework of constitutional politics (for example, Tatarstan and Quebec)? Under what conditions does a distinct political community have the right to secede from another, and how should this process be managed? Our ten case studies seek to answer these questions on the basis of the application of just war theory to the normative and practical issues concerning the secession struggles in these regions. The Introduction sets out the theoretical issues, and then each case study provides a rich mix of theoretical and empirical material, and some of the broader issues are then drawn together in the concluding chapter. The book focuses on four key themes that are central to the ethics of secession. The first examines normative issues, in particular the tension between 'choice' theories and those based on remedial 'just cause' arguments. The second discusses the problem of violence in secessionist struggles and the ensuing relationship between just war theory and the ethics of secession. The third problem is the relationship between nationhood and citizenship, and in particular the problem of applying what has now become a conventional distinction between ethnic and civic representations of the political community. Finally, the contentious issue of sovereignty and the way that it frames debates about self-determination. With each of these themes, the application of general moral principles to particular historical contexts opens up new avenues of research. This book is essential reading for those who wish to understand both the theoretical and practical issues concerning secession struggles in the world today.