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The cosmopolitan state / H. Patrick Glenn.

Oxford Scholarship Online: Law Available online

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Format:
Book
Author/Creator:
Glenn, H. Patrick, author.
Series:
Oxford constitutional theory.
Oxford constitutional theory
Oxford Constitutional Theory
Language:
English
Subjects (All):
Cosmopolitanism.
Constitutional law.
State, The.
Physical Description:
1 online resource (1914 p.)
Edition:
First edition.
Place of Publication:
Oxford : Oxford University Press, 2013.
Language Note:
English
Summary:
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
Contents:
Cover Page; Title Page; Copyright Page; Dedication; Preface; Contents; List of Abbreviations; 1. Introduction: Thinking the State; Readings of the State Tradition; The State Tradition through Time; The State as Tradition; Degrees and Varieties of States; PART I: COSMOPOLITAN ORIGINS; 2. Antecedents; Early Cosmopolitanism; Early European Cosmopolitanism; The Church as State; The church within; The church without; The bridging church; The Diversity of Empire; Collaborative Cities; Affirmative Crowns; 3. Persistence; Persistence of Cosmopolitan Ways; Institutional cosmopolitanism
ConstitutionalismCommon laws; Persistence of Elements of Closure; Writing; Hierarchy; Boundaries; PART II: CLOSURE?; 4. A Territorial State?; Writing; Customs; Codes; Constitutions; Hierarchy; The state as body, crown, or corporate person; Organizational success; An emerging theory of the state; Boundaries; 5. A Nation-State?; Language; Religion; Nation; Nation and State; The Unremitting Diversity of States; Manifest Diversity; The decline of empire; Fragmentation, failure, and violence; Minorities; PART III: COSMOPOLITANISM SUSTAINED; 6. Common Laws; Common Laws within Europe
Common Laws beyond Europe7. Constitutionalism; Justifying the Contemporary State; The United States of America; France and the world; Limits of Authority; Sources; Structures; Relations and guarantees; 8. Institutional Cosmopolitanism; Churches and Religions; Internationality and Empire; Public international law; Private international law; PART IV: THE CONTEMPORARY COSMOPOLITAN STATE; 9. Globalization, Cosmopolitan Theory, and the State; Globalization; Writing; Hierarchy; Boundaries; Cosmopolitan Theory; The State and Globalization; The state as agent of globalization
The state as beneficiary of globalizationThe adaptive state; 10. Cosmopolitan Citizens; Citizenship over Time; Citizenship and Mobility; Cosmopolitan Citizens; Citizenship, domicile, and residence; Accommodating citizenships; 11. Cosmopolitan Sources I: Constitutionalism; Constitutional Structures and Sources of Law; The Cosmopolitan Turn in Constitutional Sources; 12. Cosmopolitan Sources II: Common Laws; Resurgence; Reconciliation; Reciprocity; 13. Cosmopolitan Sources III: Institutional Cosmopolitanism; States and Religious Authority; Religious liberty; State and religious legal sources
States and International LawPublic international law; Private international law; States and Regional Law; States and Transnational Law; 14. Cosmopolitan Thought; Cosmopolitan Logics; The cosmopolitan limits of binary logic; The cosmopolitan character of the new logics; Cosmopolitan Logics and Legal Diversity; The Cosmopolitan Logic of Constitutionalism; The origin of states; The failure of states; The functioning of states; The Cosmopolitan Logic of Common Laws; The Logic of Institutional Cosmopolitanism; 15. Concluding Remarks; Bibliography of References; Index; Footnotes; Ch01fn; Ch02fn
Ch03fn
Notes:
Description based upon print version of record.
Includes bibliographical references and index.
Description based on print version record.
Description based on publisher supplied metadata and other sources.
ISBN:
0-19-176288-1
0-19-150498-X
0-19-150497-1
OCLC:
862884473

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