Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

From the co-authors of the classic Civil Society and Political Theory, Populism and Civil Society offers an empirically informed, systematic theoretical analysis of the political challenges posed by contemporary populism to constitutional democracies. Populism and Civil Society provides a political assessment and critical theory of the significance of what is now a global phenomenon: the growing populist challenge to constitutional democracy. Andrew Arato and Jean L. Cohen examine the challenge it presents in terms of its four main organizational forms: socio-political movement, political party, government, and regime. They focus in particular on the tense relationship of populism to democracy and of populism to constitutionalism. Without presupposing the authoritarian logic of the phenomenon in the definition, the book demonstrates it through the reconstruction of the main elements used by advocates to identify populism. To be sure, the authoritarian logic of populism is not realized in every instance of it, and the book analyses why this is so. Across modern history, many populist governments have in fact been "hybrid" regimes, blending authoritarian elements and residual democratic forms. Populism on its own, however, is a form of abusive or instrumental "constitutionalism" that typically relies on the alleged permanence of the quasi-revolutionary constituent power. The book concludes by outlining a non- and anti-populist project of democratization and social justice, distinguishing between the "popular" and the "populist" and offering a program that is nourished by the plurality of democracies and which rescues some of left populism's more benevolent "host ideologies."

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

From the co-authors of the classic Civil Society and Political Theory, Populism and Civil Society offers an empirically informed, systematic theoretical analysis of the political challenges posed by contemporary populism to constitutional democracies. Populism and Civil Society provides a political assessment and critical theory of the significance of what is now a global phenomenon: the growing populist challenge to constitutional democracy. Andrew Arato and Jean L. Cohen examine the challenge it presents in terms of its four main organizational forms: socio-political movement, political party, government, and regime. They focus in particular on the tense relationship of populism to democracy and of populism to constitutionalism. Without presupposing the authoritarian logic of the phenomenon in the definition, the book demonstrates it through the reconstruction of the main elements used by advocates to identify populism. To be sure, the authoritarian logic of populism is not realized in every instance of it, and the book analyses why this is so. Across modern history, many populist governments have in fact been "hybrid" regimes, blending authoritarian elements and residual democratic forms. Populism on its own, however, is a form of abusive or instrumental "constitutionalism" that typically relies on the alleged permanence of the quasi-revolutionary constituent power. The book concludes by outlining a non- and anti-populist project of democratization and social justice, distinguishing between the "popular" and the "populist" and offering a program that is nourished by the plurality of democracies and which rescues some of left populism's more benevolent "host ideologies."

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

In this first serious work on the theory of civil society to appear in many years, Jean Cohen and Andrew Arato contend that the concept of civil society articulates a contested terrain in the West that could become the primary locus for the expansion of democracy and rights. In this major contribution to contemporary political theory, Jean Cohen and Andrew Arato argue that the concept of civil society articulates a contested terrain in the West that could become a primary locus for the expansion of democracy and rights.