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Global Justice and Social Conflict: The Foundations of Liberal Order and International Law

Global Justice and Social Conflict: The Foundations of Liberal Order and International Law

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367406813
  • 出版时间 October 2019
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥445.56
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  • 描述 
  • 大纲 
  • 详细

    Global Justice and Social Conflict offers a ground-breaking historical and theoretical reappraisal of the ideas that underpin and sustain the global liberal order, international law and neoliberal rationality.

    Across the 20th and 21st centuries, liberalism, and increasingly neoliberalism, have dominated the construction and shape of the global political order, the global economy and international law. For some, this development has been directed by a vision of ‘global justice’. Yet, for many, the world has been marked by a history and continued experience of injustice, inequality, indignity, insecurity, poverty and war – a reality in which attempts to realise an idea of justice cannot be detached from acts of violence and widespread social conflict. In this book Tarik Kochi argues that to think seriously about global justice we need to understand how both liberalism and neoliberalism have pushed aside rival ideas of social and economic justice in the name of private property, individualistic rights, state security and capitalist ‘free’ markets. Ranging from ancient concepts of natural law and republican constitutionalism, to early modern ideas of natural rights and political economy, and to contemporary discourses of human rights, humanitarian war and global constitutionalism, Kochi shows how the key foundational elements of a now globalised political, economic and juridical tradition are constituted and continually beset by struggles over what counts as justice and over how to realise it. Engaging with a wide range of thinkers and reaching provocatively across a breadth of subject areas, Kochi investigates the roots of many globalised struggles over justice, human rights, democracy and equality, and offers an alternative constitutional understanding of the future of emancipatory politics and international law.

    Global Justice and Social Conflict will be essential reading for scholars and students with an interest in international law, international relations, international political economy, intellectual history, and critical and political theory.

  • Introduction: Justice, Liberal Order and International Law
    1. The ‘Failures’ of the Global Liberal Legal Order:
    International Law in Crisis?
    Liberal Pragmatism and Moral Humanitarianism
    Global Liberal Order, Global Security, Globalised Terror
    Contained Prosperity, Global Inequality
    Transnational Power, Transnational State Apparatuses, Transnational Law
    2. Natural Law, Natural Rights and Property:
    Between Human Fellowship and Unsocial Sociability
    Aristotle, the Stoics and Property
    Cicero, Private Property and Belligerent International Law
    From Natural Law to Natural Rights – Gratian, Aquinas, Ockham
    Hugo Grotius and Contradictory International Law
    Kant, Unsocial Sociability and Illegitimate Colonial Property
    3. Liberalism, Violence and Inequality:
    A Paradox of Property
    John Locke and the Right to Accumulate
    Gerrard Winstanley, Illegitimate Property and Common Preservation
    Rousseau, Virtue and Inequality
    Adam Smith, Opulence and the Liberal Justification of Economic Inequality
    The Pin Factory and the War Factory
    War and Violence within Liberal Political Economy
    4. Justice and Constitutional Antagonism:
    Constitutional Antagonism
    Aristotle and Class Conflict
    Polybius, Livy, Cicero and Constitutional Conflict
    Machiavelli, Neo-Greek and Neo-Roman Republicanism
    From Liberty to Liberalism – David Hume and James Madison
    Hegel, Struggles for Recognition and the Ethical State
    Marx and the ‘Republic of Labour’
    Social Reproduction as Struggle – Benjamin, Gramsci, Poulantzas
    Critical Theory and Social Antagonism
    5. A Global Constitutional Question
    Questions of Democracy and Legitimacy:
    Overlapping Global Constitutional Projects
    The Danger of (Neo)Liberal Cosmopolitan Global Constitutionalism
    The Public Role of International Law
    Bibliography

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