Introduction : changing forms of global order. Towards a multipolar world ; The paradox of our times ; Economic liberalism and international market integration ; Security ; The impact of the global financial crisis ; Shared problems and collective threats ; A cosmopolitan approach ; Democratic public law and sovereignty ; Summary of the book ahead -- Cosmopolitanism : ideas, realities and deficits. Globalization ; The global governance complex ; Globalization and democracy : five disjunctures ; Cosmopolitanism : ideas and (...) trajectories ; Cosmopolitan realities ; Addressing the institutional deficit : reframing the market -- Principles of cosmopolitan order. Cosmopolitan principles ; Thick or thin cosmopolitanism? ; Cosmopolitan justifications ; From cosmopolitan principles to cosmopolitan law -- Cosmopolitan law and institutional requirements. The idea of cosmopolitan law ; Institutional requirements ; In sum ; Political openings -- Violence, law and justice in a global age. Reframing human activity : international law, rights and responsibilities ; 9/11, war and justice ; Islam, the Kantian heritage and double standards ; Concluding reflections -- Reframing global governance : apocalypse soon or reform!. The paradox of our times ; Why be concerned with global challenges? ; Deep drivers and governance challenges ; Global governance : contemporary surface trends ; Problems and dilemmas of global problem-solving ; Strengthening global governance ; Global governance and the democratic question ; Multilevel citizenship, multilayered democracy -- Parallel worlds : the governance of global risks in finance, security and the environment. Global governance and the paradox of our times ; The global governance of finance ; The global governance of security ; The global governance of the environment ; Conclusion : crisis, politicization and reform -- Democracy, climate change and global governance. Democracy I : the democratic nation-state and climate change ; Democracy II : global governance and climate change ; The policy debate : squaring the circle? ; The political elements of a democratic global deal ; Democracy and the policy menu ahead. (shrink)

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)