[PDF] Morality And Legality Of Secession eBook

Author : Pau Bossacoma Busquets
Publisher : Springer Nature
Page : 393 pages
File Size : 41,87 MB
Release : 2019-11-19
Category : Law
ISBN : 3030265897

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This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.

Author : Allen Buchanan
Publisher : Westview Press
Page : 202 pages
File Size : 47,90 MB
Release : 1991-09-25
Category : Philosophy
ISBN :

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This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

Author : Christopher Heath Wellman
Publisher : Cambridge University Press
Page : 224 pages
File Size : 30,19 MB
Release : 2005-09-05
Category : Law
ISBN : 9780521849159

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This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.

Author : Don H. Doyle
Publisher : University of Georgia Press
Page : 408 pages
File Size : 19,23 MB
Release : 2010-11-01
Category : Political Science
ISBN : 0820337374

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About half of today's nation-states originated as some kind of breakaway state. The end of the Cold War witnessed a resurgence of separatist activity affecting nearly every part of the globe and stimulated a new generation of scholars to consider separatism and secession. As the 150th anniversary of the American Civil War approaches, this collection of essays allows us to view within a broader international context one of modern history's bloodiest conflicts over secession. The contributors to this volume consider a wide range of topics related to secession, separatism, and the nationalist passions that inflame such conflicts. The first section of the book examines ethical and moral dimensions of secession, while subsequent sections look at the American Civil War, conflicts in the Gulf of Mexico, European separatism, and conflicts in the Middle East, Asia, and Africa. The contributors to this book have no common position advocating or opposing secession in principle or in any particular case. All understand it, however, as a common feature of the modern world and as a historic phenomenon of international scope. Some contributors propose that "political divorce," as secession has come to be called, ought to be subject to rational arbitration and ethical norms, instead of being decided by force. Along with these hopes for the future, Secession as an International Phenomenon offers a somber reminder of the cost the United States paid when reason failed and war was left to resolve the issue.

Author : Steven R. Ratner
Publisher : Oxford University Press, USA
Page : 497 pages
File Size : 40,60 MB
Release : 2015
Category : Law
ISBN : 0198704046

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Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.

Author : Charles B. Dew
Publisher : University of Virginia Press
Page : 140 pages
File Size : 30,32 MB
Release : 2017-02-03
Category : History
ISBN : 0813939453

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Charles Dew’s Apostles of Disunion has established itself as a modern classic and an indispensable account of the Southern states’ secession from the Union. Addressing topics still hotly debated among historians and the public at large more than a century and a half after the Civil War, the book offers a compelling and clearly substantiated argument that slavery and race were at the heart of our great national crisis. The fifteen years since the original publication of Apostles of Disunion have seen an intensification of debates surrounding the Confederate flag and Civil War monuments. In a powerful new afterword to this anniversary edition, Dew situates the book in relation to these recent controversies and factors in the role of vast financial interests tied to the internal slave trade in pushing Virginia and other upper South states toward secession and war.

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 48,83 MB
Release : 2023-07-31
Category : Law
ISBN : 1000919315

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This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Author : Raphaëlle Mathieu-Bédard
Publisher :
Page : pages
File Size : 39,25 MB
Release : 2014
Category :
ISBN :

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"This thesis develops a moral theory of secession grounded in a right of nations to self-determination based on the intrinsic and instrumental value of the nation. Using a reconciliatory approach to theory-building which combines the strengths of both ideal and nonideal theory, the thesis outlines the moral grounds underlying a right to secession, identifying the agents that can legitimately claim such a right, and examining its institutionalization in domestic and international law. The thesis asserts that the subjective affirmation by a population of a state's institutions is a fundamental criterion of that state's legitimacy to rule over the population. When a national sub-state group within an existing state does not subjectively affirm it, and mobilizes for secession, that national group's right to self-determination may translate into a moral and legal right to secede from the larger state. Such a qualified right ought to be recognized and institutionalized in domestic and international law, providing a clear, negotiated pathway to secession and ensuring that states fulfill their duties in allowing for secession. Such duties to recognize and accommodate secessionist claims of alienated national groups may entail a duty of assistance when the secessionist claims are made by a 'wronged' nation unjustly treated by the state." --

Author : David Lefkowitz
Publisher : Cambridge University Press
Page : 289 pages
File Size : 26,3 MB
Release : 2020-10-29
Category : Law
ISBN : 1107138779

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Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.