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Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Political theorists typically define political action in terms of rational potential rather than conflict, and for this reason neglect the partisan nature of political experience. This volume redresses this neglect, focusing on the interrelated questions of whether the task of political theory is to find some means of containing partisan politics and whether political theory is itself separate from partisan politics. Each section of the book corresponds to one of three ways of conceiving the optimal or necessary relationship between political theory and partisan political struggle. The first section considers the extent to which partisan politics requires constitutional consensus and the degree to which such a consensus requires correct theoretical underpinnings. The second focuses on the compatibility of theoretical deliberation with partisan politics, and the third on the possibility that political theory is itself necessarily a form or means of partisan engagement. The end result is a theoretically diverse but focused debate on this important but neglected subject. Contributors include William E. Connolly, Mary G. Dietz, Adolf G. Gundersen, John G. Gunnell, Donald S. Lutz, Edward Bryan Portis, Arlene W. Saxonhouse, Ruth Lessl Shively, and Thomas A. Spragens, Jr.
The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.
Bowling Alone, the title of Robert Putnam's 1995 article (later a bestselling book) perfectly captured a sense of national unease: Somewhere along the way, America had become a nation divided by apathy, and the bonds that held together civil society were disappearing. But while the phrase resonated with our growing sense of atomization, it didn't describe a new phenomenon. The fear that isolation has eroded our social bonds had simmered for at least two decades, when communitarianism first emerged as a cogent political philosophy. Communitarianism, as explained in the works of Michael Sandel, Alasdair MacIntyre, Amitai Etzioni, and others, elevates the idea of communal good over the rights of individuals. Throughout the 1980s and 1990s, communitarianism gained popular and political ground. The Clintons touted its principles in the '90s, and the two presidents Bush make frequent references to its central tenets. In its short life, the philosophy has generated plenty of books, both pro and con. Beau Breslin's authoritative and original examination, The Communitarian Constitution, contributes to the debate from a wholly original standpoint. Existing critiques focus on the debate between liberalism and communitarianism—in other words, the conflict between individual rights and the communal good. Breslin takes an entirely different stance, examining the pragmatic question of whether or not communitarian policies are truly practicable in a constitutional society. In tackling this question, Breslin traces the evolution of American communitarianism. He examines Lincoln's unconstitutional Civil War suspension of habeas corpus and draws on Federalist and Anti-Federalist arguments, pegging the Anti-Federalists as communitarians' intellectual forebearers. He also grounds his arguments in the real world, examining the constitutions of Germany and Israel, which offer further insight into the relationship between constitutionalism and communitarianism. At a moment when American politicians and citizenry are struggling to balance competing needs, such as civil rights and homeland security, The Communitarian Constitution is vital reading for anyone interested in the evolving tensions between individual rights and the good of the community.
The long separation of health and International Relations, as distinct academic fields and policy arenas, has now dramatically changed. Health, concerned with the body, mind and spirit, has traditionally focused on disease and infirmity, whilst International Relations has been dominated by concerns of war, peace and security. Since the 1990s, however, the two fields have increasingly overlapped. How can we explain this shift and what are the implications for the future development of both fields? Colin McInnes and Kelley Lee examine four key intersections between health and International Relations today - foreign policy and health diplomacy, health and the global political economy, global health governance and global health security. The explosion of interest in these subjects has, in large part, been due to "real world" concerns - disease outbreaks, antibiotic resistance, counterfeit drugs and other risks to human health amid the spread of globalisation. Yet the authors contend that it is also important to understand how global health has been socially constructed, shaped in theory and practice by particular interests and normative frameworks. This groundbreaking book encourages readers to step back from problem-solving to ask how global health is being problematized in the first place, why certain agendas and issue areas are prioritised, and what determines the potential solutions put forth to address them? The palpable struggle to better understand the health risks facing a globalized world, and to strengthen collective action to deal with them effectively, begins - they argue - with a more reflexive and critical approach to this rapidly emerging subject.
This book focuses on the contested meanings of norms in a world of increasing international encounters.
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.