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Books > Law > International law > Public international law
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The Cosmopolitan State (Hardcover)
Loot Price: R3,311
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The Cosmopolitan State (Hardcover)
Series: Oxford Constitutional Theory
Expected to ship within 10 - 15 working days
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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.
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