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The Cosmopolitan State


ISBN13: 9780199682423
Published: May 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £107.50



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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

Constitutional and Political Theory: Selected Writings ISBN 9780198714972
Published June 2022
Oxford University Press
£38.49
New Constitutional Horizons: Towards a Pluralist Constitutional Theory ISBN 9780198852339
Published April 2022
Oxford University Press
£76.00
New Constitutional Horizons: Towards a Pluralist Constitutional Theory (eBook) ISBN 9780192593467
Published April 2022
Oxford University Press
£63.33
(ePub)
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Legitimation by Constitution: A Dialogue on Political Liberalism ISBN 9780192855121
Published November 2021
Oxford University Press
£87.00
Authoritarian Liberalism and the Transformation of Modern Europe (eBook) ISBN 9780192597083
Published June 2021
Oxford University Press
£72.50
(ePub)
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Authoritarian Liberalism and the Transformation of Modern Europe ISBN 9780198854753
Published June 2021
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£87.00
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£87.00
Constituent Power in the European Union ISBN 9780198845218
Published December 2020
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£97.00
Religion, Law, and Democracy: Selected Writings ISBN 9780198818632
Published November 2020
Oxford University Press
Price on Application
Constituent Power and the Law ISBN 9780198785989
Published March 2020
Oxford University Press
£102.50
Constituent Power and the Law (eBook) ISBN 9780191089091
Published March 2020
Oxford University Press
£85.42
(ePub)
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After Public Law ISBN 9780198842583
Published May 2019
Oxford University Press
£38.99
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198844341
Published April 2019
Oxford University Press
£30.99
Constitutionalism: Past, Present, and Future ISBN 9780198840497
Published March 2019
Oxford University Press
£34.49
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198840664
Published February 2019
Oxford University Press
£34.49
Euroconstitutionalism and its Discontents ISBN 9780198834335
Published December 2018
Oxford University Press
£86.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198824237
Published August 2018
Oxford University Press
£40.99
Beyond the People: Social Imaginary and Constituent Imagination ISBN 9780198799092
Published June 2018
Oxford University Press
£86.00
The Metaethics of Constitutional Adjudication ISBN 9780198808084
Published December 2017
Oxford University Press
£91.00
Law and Revolution: Constitutionalism after the Arab Spring ISBN 9780198768890
Published November 2017
Oxford University Press
£91.00
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198768791
Published February 2017
Oxford University Press
£91.00
Constitutional and Political Theory: Selected Writings ISBN 9780198714965
Published January 2017
Oxford University Press
£102.50
The Cosmopolitan Constitution ISBN 9780198797944
Published October 2016
Oxford University Press
£40.49
Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
Oxford University Press
£102.50
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198759072
Published April 2016
Oxford University Press
£102.50
Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
Published March 2016
Oxford University Press
£99.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
Oxford University Press
£99.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
Published November 2015
Oxford University Press
£92.00
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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£42.49
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
Published March 2015
Oxford University Press
£44.99
The Global Model of Constitutional Rights ISBN 9780198738077
Published January 2015
Oxford University Press
£44.99
Constituting Economic and Social Rights ISBN 9780198727897
Published October 2014
Oxford University Press
£44.99
The Cosmopolitan Constitution (eBook) ISBN 9780191030925
Published July 2014
Oxford University Press
£33.74
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The Cosmopolitan Constitution ISBN 9780199651535
Published July 2014
Oxford University Press
£105.00
The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
Published March 2014
Oxford University Press
£100.00
The Structure of Pluralism: On the Authority of Associations (eBook) ISBN 9780191655661
Published March 2014
Oxford University Press
£73.33
(ePub)
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
Published February 2014
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£48.49
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£48.49
Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
Oxford University Press
£105.00
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
Oxford University Press
£35.41
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Fault Lines of Globalization: Legal Order and the Politics of A-Legality (eBook) ISBN 9780191511530
Published October 2013
Oxford University Press
£83.33
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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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£100.00
The Cosmopolitan State (eBook) ISBN 9780191504983
Published May 2013
Oxford University Press
£77.50
(ePub)
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After Public Law (eBook) ISBN 9780191648007
Published May 2013
Oxford University Press
£32.49
(ePub)
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After Public Law ISBN 9780199669318
Published May 2013
Oxford University Press
£112.50
The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
Published March 2013
Oxford University Press
£33.74
(ePub)
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The Three Branches: A Comparative Model of Separation of Powers ISBN 9780199602117
Published March 2013
Oxford University Press
£112.50
The Global Model of Constitutional Rights ISBN 9780199664603
Published October 2012
Oxford University Press
£122.50
The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
Published October 2012
Oxford University Press
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The Constitutional State ISBN 9780199659937
Published September 2012
Oxford University Press
£55.00
The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
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£45.83
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Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
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£54.00
Constituting Economic and Social Rights ISBN 9780199641932
Published August 2012
Oxford University Press
£122.50
Constituting Economic and Social Rights (eBook) ISBN 9780191639746
Published August 2012
Oxford University Press
Out of print
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
Oxford University Press
£122.50
£40.41
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Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
Published February 2012
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£107.50
Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
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£36.66
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Twilight of Constitutionalism? ISBN 9780199651993
Published January 2012
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Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
Published December 2011
Oxford University Press
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Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
Published December 2011
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£105.00
The Constitutional State ISBN 9780199585014
Published December 2010
Oxford University Press
£110.00
Beyond Constitutionalism: The Pluralist Structure of Postnational Law (eBook) ISBN 9780191637278
Published October 2010
Oxford University Press
Out of print
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
Published October 2010
Oxford University Press
£110.00
Twilight of Constitutionalism? ISBN 9780199585007
Published February 2010
Oxford University Press
£132.50
Twilight of Constitutionalism? (eBook) ISBN 9780191633669
Published February 2010
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£45.00
(ePub)
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