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Vol 22 No 10 Oct/Nov 2017

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The Cosmopolitan State


ISBN13: 9780199682423
Published: May 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £65.00



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For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins.

This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization.

This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction: Thinking the State

PART I: COSMOPOLITAN ORIGINS
2. Antecedents
3. Persistence

PART II: CLOSURE?
4. A Territorial State?
5. A Nation State?

PART III: COSMOPOLITANISM SUSTAINED
6. Common Laws
7. Constitutionalism
8. Institutional Cosmopolitanism

PART IV: THE CONTEMPORARY COSMOPOLITAN STATE
9. Globalization, Cosmopolitan Theory, and the State
10. Cosmopolitan Citizens
11. Cosmopolitan Sources I: Constitutionalism
12. Cosmopolitan Sources II: Common Laws
13. Cosmopolitan Sources III: Institutional Cosmopolitanism
14. Cosmopolitan Thought
15. Concluding Remarks

Bibliography

Series: Oxford Constitutional Theory

The Metaethics of Constitutional Adjudication ISBN 9780198808084
To be published December 2017
Oxford University Press
£60.00
Law and Revolution: Constitutionalism after the Arab Spring ISBN 9780198768890
To be published November 2017
Oxford University Press
£50.00
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198768791
Published February 2017
Oxford University Press
£60.00
Constitutional and Political Theory: Selected Writings ISBN 9780198714965
Published January 2017
Oxford University Press
£70.00
The Cosmopolitan Constitution ISBN 9780198797944
Published October 2016
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£24.99
Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
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£60.00
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198759072
Published April 2016
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£60.00
Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
Published March 2016
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Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
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The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
Published November 2015
Oxford University Press
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The Cultural Defense of Nations: A Liberal Theory of Majority Rights (eBook) ISBN 9780191646447
Published November 2015
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Constitutional Courts and Deliberative Democracy ISBN 9780198759454
Published October 2015
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The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
Published March 2015
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£28.99
The Global Model of Constitutional Rights ISBN 9780198738077
Published January 2015
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£28.99
Constituting Economic and Social Rights ISBN 9780198727897
Published October 2014
Oxford University Press
£28.99
The Cosmopolitan Constitution ISBN 9780199651535
Published July 2014
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The Cosmopolitan Constitution (eBook) ISBN 9780191030925
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The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
Published March 2014
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The Structure of Pluralism: On the Authority of Associations (eBook) ISBN 9780191655661
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
Published February 2014
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Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£30.49
Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
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£61.00
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
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Fault Lines of Globalization: Legal Order and the Politics of A-Legality ISBN 9780199601684
Published October 2013
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The Cosmopolitan State (eBook) ISBN 9780191504983
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After Public Law ISBN 9780199669318
Published May 2013
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The Three Branches: A Comparative Model of Separation of Powers ISBN 9780199602117
Published March 2013
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The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
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The Global Model of Constitutional Rights ISBN 9780199664603
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The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
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The Constitutional State ISBN 9780199659937
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The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
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Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
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Constituting Economic and Social Rights ISBN 9780199641932
Published August 2012
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£71.00
Constituting Economic and Social Rights (eBook) ISBN 9780191639746
Published August 2012
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
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Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
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Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
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Twilight of Constitutionalism? ISBN 9780199651993
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Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
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Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
Published December 2011
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The Constitutional State ISBN 9780199585014
Published December 2010
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Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
Published October 2010
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Twilight of Constitutionalism? (eBook) ISBN 9780191633669
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Twilight of Constitutionalism? ISBN 9780199585007
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