Search results

You are looking at 1 - 10 of 15 items for :

  • "International law" x
  • Philosophy and Critical Theory x
  • All content x
Clear All
Abstract only
The vain search for legal unity in the fragmentation of global law
Andreas Fischer-Lescano and Gunther Teubner

distinct nations of private international law, but from collisions between distinct global social sectors. 2 And indeed, a quarter of a century later, an almost explosive expansion of independent and globally active, yet sectorally limited, courts, quasi-courts and other forms of conflict-resolving bodies did occur. 3 The Project on International Courts and Tribunals 4 has

in Critical theory and legal autopoiesis
Peter J. Spiro

. States are even becoming constrained by international law in their membership practices, something that hardly computes in a Walzerian equation (Spiro 2011 ). “Access to citizenship” points to citizenship for habitual residents as a baseline from which to perfect other rights. It also looks to apply non-discrimination norms to citizenship practice, a radical departure from the historical discretion afforded sovereigns respecting membership. To

in Democratic inclusion
Irritating nation-state constitutionalism
Gunther Teubner

and international law studies on the growing significance of constitutional norms 17 have identified constitutional institutions of astonishing density in the transnational sphere. Today, only very few authors continue to deny that the European Union – despite the failure of the constitutional referendum – has developed a genuine constitution. 18 In the transnational sphere the Washington Consensus

in Critical theory and legal autopoiesis
Abstract only
Legal pluralism in the world society
Gunther Teubner

attention to new, spontaneous processes of law creation that have emerged in multiple sectors of a global civil society, independently of state-based national and international law. The emerging global (not inter-national!) law is a legal order in its own right that should not be measured by the standards of national legal orders. It is not an underdeveloped body of law that retains

in Critical theory and legal autopoiesis
How social subsystems externalise their foundational paradoxes in the process of constitutionalisation
Gunther Teubner

global rule-making processes taking place on a large scale outside the framework of international law reopen all the problems of the legal paradox which had been encountered in the nation state before they had been successfully transferred to politics. 19 The disorientation of legal doctrine which this entails is so severe that leading jurists describe a ‘ contrat sans loi ’, i.e. a contract without a

in Critical theory and legal autopoiesis
Rousseau’s and nationalism
Mads Qvortrup

might have envisaged that mechanisms for the protection of humanitarian rights could be enforced, he was unconvinced that public international law could prevent the outbreaks of wars: As for what is called international law [‘droit des gens’] it is certain that, for want of sanction, its laws are nothing but chimeras even weaker than the laws of nature. This latter at least speaks to the heart of individuals, whereas international law, having no other guarantee than their utility to the one who submits to it, are respected only as long as self-interest confirms it

in The political philosophy of Jean-Jacques Rousseau
Abstract only
Gunther Teubner’s foundational paradox
Andreas Philippopoulos-Mihalopoulos

problematic, but fear not! we have a good theory in hand that may and should make a difference. Teubner's writing pulsates with socially responsible and responsive admonitions, constantly in the toil of building bridges between theories, social systems, layers of constitutions and aspects of international law. The fact that, often, these differences are shown by Teubner himself to be unbridgeable does not deter him from the effort

in Critical theory and legal autopoiesis
Open Access (free)
Rainer Bauböck

democratically illegitimate about this system. In my essay I suggest that the current principles of international law allow states to broadly ignore the interests of outsiders who are negatively affected by their decisions. Under my interpretation of the all affected interests (AAI) principle, this provides not only cover for possible injustices , which states may or may not commit towards outsiders, but also tarnishes the legitimacy of decisions taken

in Democratic inclusion
Abstract only
A plea for politics at the European level
Peter J. Verovšek

Enlargement of the European Union, ’ in T. Banchoff and M. Smith (eds), Legitimacy and the European Union: The Contested Polity ( London : Routledge , 1999 ), 66 . 29 Smith, Stories of Peoplehood , 82. 30 M. Koskenniemi , ‘ What use for Sovereignty Today? ’ Asian Journal of International Law , 1 ( 2011 ), 63 ; J. Habermas , ‘ The Postnational Constellation and the Future of Democracy, ’ in The Postnational Constellation: Political Essays , trans. Max Pensky ( Cambridge, MA : MIT Press , 2001 ). 31 Habermas, ‘The Postnational

in Memory and the future of Europe
Derrida, Luhmann, Wiethölter
Gunther Teubner

encapsulates the searching and learning processes of the last twenty-five years. It was the ambitious project of the Kegel Festschrift to detach the mode of thought which is characteristic of the conflict of laws from private international law and to make it serve not only other areas of law, but also and especially a social theory of law. The point was no longer merely to reflect conflicts between national

in Critical theory and legal autopoiesis